FACTS BAGANDA IN THE DIASPORA SHOULD KNOW ABOUT THE BUGANDA KINGDOM LAND DEBATE

FACTS BAGANDA IN THE DIASPORA FACTS BAGANDA IN THE DIASPORA SHOULD KNOW ABOUT THE BUGANDA SHOULD KNOW ABOUT THE BUGANDA

KINGDOM LAND DEBATEKINGDOM LAND DEBATE

EGGWANGA MUJJE!AKASOLYA KAKUTTE OMULIRO,

WANSI BAFA OMUNNYALE

OMUSOMO OGUKWATA KU NSONGA Z’ETTAKA LY’OBWAKABAKA BWA

BUGANDA N’ABAGANDA

A Buganda Nkonge Ya Mu Mulyango Production

DISCLAIMERDISCLAIMER This is NOT a Buganda Kingdom Official

Document.

The views expressed in this Document are Those of The Author(s) of This Document and NOT The Buganda

Kingdom

The Contents of This Presentation Have Been Obtained

From Official Government of Uganda Documents, The United Nations Declaration on the Rights of Indigenous Peoples, and Include Reasonable Interpretations of Those

Documents

Table Of ContentsTable Of Contents1. What is “Ettaka lya Buganda”?2. What does Uganda’s Constitution Say About Property

Ownership?3. How Important Are the Uganda Constitution Property

Ownership Provisions?4. Are The Current Land Laws and the Draft Land Bill Valid?5. Contents of the Draft National Land Policy of 20076. Contents of the Draft Land Amendment Bill of 20077. The Draft Land Law is an Implementation of Obote’s Common

Man’s Charter (Akasanvu)8. What can you do to stop Museveni from implementing Obote’s

Common Man’s Charter (Akasanvu)?9. Museveni’s Draft Land Amendment Bill of 2007 violates

International Law - The United Nations Declaration on the Rights of Indigenous Peoples of September 2007.

What Is “Ettaka Lya Buganda”?What Is “Ettaka Lya Buganda”? The 1900 Agreement between Colonial Protectorate Government and The

Kingdom of Buganda laid the foundation for the Mailo Land Tenure System in Buganda and designated Buganda’s land as follows:Crown Land 9,000 sq milesForest Lands 1,500 sq milesKabaka’s Land 350 sq milesNamasole’s Land 16 sq milesPrinces/Princesses 32 sq milesAbambejja ba Nnalinnya 90 sq milesKattikiro 32 sq milesOmuwanika 32 sq milesOmulamuzi 32 sq milesAb’amasaza 320 sq milesOmulangira Mbogo 24 sq miles

Kamuswaga 20 sq milesAbataka (Private Mailo) 8,000 sq miles

Missionary Institutions 92 sq milesCities (Kampala, Entebbe, Masaka) 50 sq miles

TOTAL 19,600 sq miles

What Is “Ettaka Lya Buganda”? (cont’d)What Is “Ettaka Lya Buganda”? (cont’d)

Do you think the above categories do not include you, your family, ancestors or clan?

You are WRONG. If you do not fall into any of the above specific categories, you automatically default to the 8,000 sq mile “Abataka” category, by birth right as a Muganda.

WHAT DOES UGANDA’S CONSTITUTION SAY ABOUT PROPERTY OWNERSHIP?

Section 26 Part (1): “Every person has a right to own property either individually or in

association with others”Section 26 Part (2): “No person shall be compulsorily deprived of property or any interest

in or right over property of any description except where the following conditions are satisfied:-

(a) the taking of possession or acquisition is necessary for public use or in the interest of defense, public safety, public order, public morality or public health (eminent domain – government appropriation of private property); and

(b) the compulsory taking of possession or acquisition of property is made under a law which makes provision for- (i) prompt payment of fair and adequate compensation. prior to the taking of possession or acquisition of the property; and (ii) a right of access to a court of law by any person who has an interest or right over the property”

How Important Are These Constitutional How Important Are These Constitutional Provisions?Provisions?

Section 2. Supremacy of the Constitution: (1) This Constitution is the supreme law of

Uganda and shall have binding force on all authorities and persons throughout Uganda.

(2) If any other law or any custom is inconsistent with any of the provisions of this Constitution, the Constitution shall prevail, and that other law or custom shall, to the extent of the inconsistency, be void.

Are The Current Land Laws And The Proposed Are The Current Land Laws And The Proposed Land Act Valid?Land Act Valid?

The 1998 Land Act and The Land Reform Act of 1967 both contravene Sect 25 of the 1995 Constitution.

The draft Land Amendment Bill of 2007 is part of a grand scheme to deprive Ssabasajja and Baganda land owners of their land rights.

Apollo N Makubuya

The Land reform Decree of 1975 was repealed and replaced by the Land Act 1998 as ammended in 2004

What Are Some of The Contents of The What Are Some of The Contents of The “DRAFT “DRAFT NATIONAL LAND POLICY of 2007” ?NATIONAL LAND POLICY of 2007” ?

To amend Article 237 of the Constitution and provide that: “all land belongs to the Government of Uganda and not the citizens of Uganda.”

To amend the Constitution and abolish the “Mailo” Land tenure system in Buganda and, replace it with a"FREEHOLD" or "LEASEHOLD“ land tenure system. (Baganda will now have to hold land for specified periods of time and under specified conditions).

What Are Some of The Contents of The What Are Some of The Contents of The ““DRAFT NATIONAL LAND POLICY of 2007” ?DRAFT NATIONAL LAND POLICY of 2007” ?

To enable tenants by occupancy (abasenze) to acquire titles regardless of how they settled or began occupying the land.

To replace the Uganda Land Commission and District Land Boards with “Community Land Boards”, “Community Land Tribunals” and the “Uganda Land Authority”; which would control all the land in Uganda once the Constitution is amended. (Baganda Land Owners would no longer control the land bestowed to them by birth right, “ettaka ely’ensikirano”)

What Are Some of The Contents of The What Are Some of The Contents of The Draft Draft Land Amendment Bill of 2007 ? Land Amendment Bill of 2007 ?

S.31 of the 1998 Land Act - Annual Nominal Ground Rent “Obusuulu”

The draft law proposes that where the Land Boards have not determined annual ground rent, the rent may be determined by the Minister of Lands. And the rent shall be paid - not immediately but - within two years.

Consequences: 1) Arms Length Ground Rent Transactions are subject to

political whims 2) Land Boards will play a diminished role in land

administration matters 3) Tenants “abasenze” have recourse to the Minister of Lands

on Arms Length Transactions Between The Land Owner and The Tenant

What Are Some of The Contents of The Draft What Are Some of The Contents of The Draft Land Amendment Bill of 2007 ? (Cont’d)Land Amendment Bill of 2007 ? (Cont’d)

S.33 of the 1998 Land Act - Certificate of Occupancy The draft law proposes that “where a tenant by occupancy

(omusenze) applies for a certificate of occupancy from the Land Lord and; the land committee determines that the certificate be issued; but the landlord does not do so within six months, then the tenant (omusenze) shall, instead of appealing to the land tribunal, appeal to the Minister of Lands who shall grant the Consent and the certificate of occupancy shall be endorsed on the land lords certificate of title by the Registrar”.

Attention!:Please read the underlined items again. This provision of the draft law gives more legal protection to the tenant by occupancy (omusenze), than it gives to the landlord.

ENZIRUGAZE YEFUGA EKIKOLO!!!!!!!!!!!!!!


S.34 of the 1998 Land Act - Transactions with the tenant by occupancy - (assignment, letting, subdividing etc) provides that:

“A tenant by occupancy (omusenze) may assign, sublet or subdivide the tenancy with the Consent of the owner. The owner may consent or refuse to consent to the request within 6 weeks”.

The draft law proposes that “where the owner refuses to grant the consent, the tenant instead of appealing to the Land Tribunal, may appeal to the Minister of Lands who may grant or refuse to grant the said consent”.

Consequences: The proposed law erodes the powers of the land owner and; vests

ultimate authority regarding land matters with the government.


S.35 of the 1998 Land Act – Tenants right of first refusal provides that: “The [land]owner who wishes to sell his interest in land shall give the first option of buying to the tenant (omusenze)”.

The draft law proposes that “where the owner sells without giving the tenant the first option to buy - then that sale is invalid and the registrar will not make a transfer in that regard”.

Consequences:

This provision will terminate a land owner’s right to sell personal property (land) to a buyer who offers the highest price in an arm’s length transaction.


S. 41A of the Draft Land Amendment Bill - Eviction of Tenants

The draft law proposes that: “tenants (abasenze) are only to be evicted for non payment of ground rent and upon an order of eviction issued by Court. If a court gives an eviction order, it shall give the tenant not less than 6 months to vacate the land. A person who attempts to evict, evicts or participates in the eviction of a lawful or bona fide occupant from registered land without a court order is liable for imprisonment not exceeding seven years.

Consequences:

A landlord’s right to evict (omusenze) is subject to court decisions, which courts will make decisions based on a land law which is intended to diminish the property rights of a land owner

Museveni’s Draft Land Law Is An Museveni’s Draft Land Law Is An Implementation of Obote’s Implementation of Obote’s Common Man’s Charter Common Man’s Charter

(Akasanvu)(Akasanvu)

Obote’s Common Man Charter Re-incarnated Obote’s Common Man Charter Re-incarnated (Akasanvu ka Kawenkene Obote)(Akasanvu ka Kawenkene Obote)

Objective # 3 of Obote’s Common Man’s Charter: “We subscribe fully to Uganda always being a Republic

and have adopted this Charter so that the implementation of this Strategy prevents effectively any one person or group of persons from being masters of all or a section of the people of Uganda, and ensure that all citizens of Uganda become truly masters of their own destiny”

Note: Implementing the draft land law will erode Buganda’s land ownership rights and effectively kill Buganda’s status as a kingdom and eventually exterminate our culture as Baganda.

Obote’s Common Man Charter Re-incarnated Obote’s Common Man Charter Re-incarnated (Akasanvu ka Kawenkene Obote) (cont’d)(Akasanvu ka Kawenkene Obote) (cont’d)

Objective # 4 of Obote’s Common Man’s Charter:

“We reject, both in theory and in practice, that Uganda as a whole or any part of it should be the domain of any person, of feudalism, of Capitalism, of vested interests of one kind or another, of foreign influence or of foreigners”.

Note:

Substituting Kabaka’s birthright as “Ssabataka” with the draft land law fulfills Obote’s dream that no part of Uganda would ever be the domain a Kabaka or a cultural leader.


Objective # 5 of Obote’s Common Man’s Charter:

“We reject, both in theory and in practice, isolationism in regard to one part of Uganda towards another, or in regard to Uganda as a whole to the East African Community in particular, and Africa in general”.

Note:

Museveni’s rejection of “Federo” (Buganda’s self administration), together with the draft Land Law are intended to destroy Buganda’s status as a Kingdom through state expropriation of Buganda’s land.


Objective # 6 of Obote’s Common Man’s Charter: (Sub Part vii):

“To ensure that no citizen of Uganda will enjoy any special privilege, status or title by virtue of birth, descent or heredity”.

Note:

State expropriation of Buganda’s land under the Draft Land Law is a deliberate effort to ensure that the Kabaka and his subjects cease to exist as a Kingdom.

1. Offered their children, wives and husbands to fight and die for Museveni’s guerrilla war

2. Shared their subsistence harvests with Museveni in the twenty counties (amasaza) of Buganda during his guerilla war

3. Sacrificed their lives in order not to disclose Museveni’s hideouts during the guerilla war

4. Supported Museveni’s government for the last 21 years

5. Trusted Museveni even when he repeatedly failed to fulfill his promises of infrastructure development, economic incentives, returning “ebyaffe” and, FEDERO – (self administration).

What Did The Baganda Do To Deserve This?

What Can You Do As A Muganda To Stop Museveni from Implementing Obote’s

Common Man’s Charter?1. Pass this information on to everyone you know, who you

think can help 2. Lobby your Member of Parliament, Senator or

Congressman, to pressure the Uganda Government to drop Museveni’s adoption of Obote’s Marxist Common Man’s Charter

3. Lobby the United Nations to vote Museveni’s adoption of Obote’s Common Man’s Charter as a violation of The United Nations Declaration on the Rights of Indigenous Peoples (September 7, 2007). – [see following slides]

4. Start a ground roots campaign to defeat Museveni and Obote’s Common Man’s Charter scheme “by any means necessary”

Museveni’s Draft Museveni’s Draft Land Land Amendment Bill of 2007 Violates Amendment Bill of 2007 Violates The United Nations Declaration The United Nations Declaration On The Rights Of Indigenous On The Rights Of Indigenous

Peoples Peoples (September 7, 2007)(September 7, 2007)

The United Nations Declaration on the Rights of The United Nations Declaration on the Rights of Indigenous Peoples.Indigenous Peoples.September 7, 2007September 7, 2007

Article 3 of the UN Declaration provides that:

“Indigenous peoples have the right of self-determination" which includes the right to freely determine their political status and the ability to pursue their economic, social and cultural development”.



“Indigenous peoples in exercising their right to self determination have the right to autonomy or self government in matters relating to their internal or local affairs as well as ways and means for financing their autonomous functions”.



“Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they choose, in political, economic, social and cultural life of the State


Article 8 of the UN Declaration provides that:1. “Indigenous peoples and individuals have the right not to be

subjected to forced assimilation or destruction of their culture”2. “States shall provide effective mechanisms for prevention or

redress for:a) Any action which has the aim or effect of depriving them of their

integrity as distinct peoples, or of their cultural values or ethnic identities

b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources

c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights

d) Any form of forced assimilation or integratione) Any form of propaganda designed to promote or incite racial or

ethnic discrimination directed against them”



“Indigenous peoples and individuals have the right to belong to an indigenous community or nation, in accordance with the traditions and customs of the community or nation concerned. No discrimination of any kind may arise from the exercise of such a right”.



“Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair compensation and, where possible, with the option of return”.

ConclusionConclusion Based on the facts presented above, and recent

developments on the ground in Uganda (including but not limited to the forced settlement of “Abalaalo” on Buganda’s land), there is clear and concise evidence that Museveni’s government is in the final stages of implementing Obote’s Common Man’s Charter, whose primary objective was to destroy The Kingdom of Buganda, and Baganda Culture.

Every Muganda of goodwill should stand up and fight this “slow motion genocide” by any means necessary.