E/C.12/UGA/CO/1
Civil society
11.
While welcoming the active participation of the many non-governmental
organizations (NGOs) during the current reporting cycle, the Committee remains concerned
that the 2014 draft bill on NGO registration (amendment) expands the Government’s
powers to register, monitor and dissolve NGOs, including those working on social,
economic and cultural rights.
The Committee recommends that the State party strengthen its cooperation
with civil society. It also recommends that the State party amend the draft bill on
NGO registration and ensure that its provisions respect the independence of NGOs
and their activities in defending human rights, including economic, social and cultural
rights.
Land rights
12.
The Committee is concerned that many persons remain without a formal ownership
title over their house and land, and about the persistence of land disputes exacerbated by
overlapping claims and rights over land. The Committee is also concerned at the delays in
amending the 1998 Land Act, with a view to protecting in particular the rights of access to
and ownership of land by women, pastoralists and customary landowners, including
communities. The Committee is further concerned about the inadequate implementation of
the Land Policy (art. 1).
The Committee recommends that the State party harmonize its legal
framework governing land rights and that all land-related laws, notably the Land Act
and the Forest Act, also be amended in the light of the 2013 Land Policy, which
provides additional protection to customary landowners and to indigenous peoples’
right to land. The State party should further take measures to implement the Policy
effectively, including through allocation of the necessary resources. The Committee
refers in this regard to the Voluntary Guidelines on the Responsible Governance of
Tenure of Land, Fisheries and Forests in the context of national food security,
adopted in 2012 by the Committee on World Food Security of the Food and
Agriculture Organization of the United Nations (FAO).
Indigenous peoples
13.
The Committee is concerned that many indigenous peoples, including the Benet,
Batwa and Pastoralist communities, are denied access to their ancestral lands and are
prevented from preserving their traditional way of living. The Committee is also concerned
about the inadequate definition of indigenous peoples in the State party’s Constitution
coupled with a complete absence of information on the actual enjoyment of Covenant rights
by indigenous peoples (art. 1).
The Committee recommends that the State party recognize indigenous peoples’
rights to their ancestral lands and natural resources. The Committee urges the State
party to engage in consultations with indigenous peoples to enable them to give their
free, prior and informed consent regarding development activities that have an impact
on access to their lands. It also recommends that the State party consider accession to
the ILO Indigenous and Tribal Peoples Convention, 1989 (No. 169). Furthermore, the
Committee recommends that the State party include recognition of indigenous peoples
in the Constitution in line with the United Nations Declaration on the Rights of
Indigenous Peoples, and strengthen efforts to consult indigenous peoples and ensure
the effective enjoyment of their economic, social and cultural rights.
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