Towards Legislation Responsive to Integrated Watershed Management Approaches and Land Tenure

Abstract

Land tenure affects integrated watershed management approaches in various ways, such as influencing land use and investment in sustainability practices and decisions. However, some land tenure and integrated watershed management relations need more examination, including how the prevailing relevant legislation responds and the needed course of action. In this paper, we provide relevant evidence to support a shift to responsive actions and legislation through (a) examining land tenure scenarios affecting integrated watershed management, including the public–private land tenure co-existence from a watershed perspective; (b) the responsiveness of the prevailing relevant legislation to integrated watershed management and the land tenure scenarios and (c) identifying legislative remedies recommendable for responsiveness. We use qualitative methods to review secondary data sources, including four legislations, and complement them with field survey data. Field experiences are from three sub-catchments in the Lake Victoria basin, each representing a different land tenure system, as case studies. Land tenure links with integrated watershed management in various ways, such as influencing land use decisions. However, underscoring the relationship from the private and public land tenure perspective also indicates a complex and tense spatial relationship. As such, it likely limits adopting sustainable land use and management practices in watersheds as a case. Regardless, the perceptions from the study area indicate the land tenure systems and forms enabling sustainable choices and decisions, despite limitations such as tenure insecurity. The disconnect between integrated watershed management aspirations of ensuring sustainability, the land tenure abilities and the subsequent human practices is mainly institutional, with the relevant legislation indicating a low to moderate level of responsiveness to integrated watershed management approaches and land tenure, thus, abating effectiveness. Therefore, we suggest a shift towards responsive programming and legislation and the adoption of model legislation to support responsiveness replication. We also recommend further studies to assess the legal gaps and feasibility thereof.