Abstract

This guide is designed to be used primarily by local community leaders to train the communities they lead. These leaders include district and lower Local Government officials, local council members, civil society staff working at community level, and executive committee members of community institutions, among others. The guide responds to a need for the active participation of local communities in securing and guarding their forest tenure rights through pro-active and innovative actions of empowered and well-informed local community members. The need was identified in the Global Comparative Study on Securing Tenure Rights for Forest Dependent Communities carried out by the Center for International Forestry Research (CIFOR) over a period of 4 years (2015–2018). An empowered and well-informed local community would be confident about the rights they have under the law, and be prepared to defend them. And building this confidence with respect to their forest tenure rights involves equipping them with relevant knowledge. This guide is designed to provide the training needed to build this confidence.

Highlights

  • Mailo tenure originates from the Buganda Agreement of 1900, where chiefs and other prominent families/people were given land when Uganda became a British Protectorate under indirect rule. This land is often encumbered by squatters, who are legally recognized tenants of the land owner (Republic of Uganda, 2010; Land Act, 1998; Land (Amendment) Act, 2010)

  • It is has been designed to apply to forestlands gazetted as central forest reserves (CFRs) and forestlands outside government protected areas, as provided for in the National Forestry and Tree Planting Act, 2003 (NFTPA)

  • The law may provide for a privilege to local people to take firewood for domestic use free of charge in a CFR

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Summary

Part 1. Explanation of key technical terms

Term bona fide occupant bundle of rights collaborative forest management customary tenure discrimination easement forest tenure forestland former public land freehold tenure lawful occupant learning facilitator leasehold tenure local (forest) community. Mailo tenure originates from the Buganda Agreement of 1900, where chiefs and other prominent families/people were given land when Uganda became a British Protectorate under indirect rule. This land is often encumbered by squatters, who are legally recognized tenants of the land owner (Republic of Uganda, 2010; Land Act, 1998; Land (Amendment) Act, 2010). As used in Uganda, protected areas include forest reserves, national parks and wildlife areas These areas are normally gazetted for management by central and local governments on behalf of the people of Uganda. A king or chief or similar traditional leader or cultural leader by whatever name, who derives allegiance from the fact of birth or descent in accordance with the customs, traditions, usage or consent of the people led by that traditional or cultural leader (Constitution Article 246 (3))

Introduction
Target groups
Training objectives
Training outcomes
Training materials
Content of the training
Training program
Basis of the training course
What are rights and privileges?
Constitution of the Republic of Uganda
The land laws
Freehold land
Mailo land
Lawful occupant, bona fide occupant, tenant by occupancy
Utilization of land according to various laws
The forestry laws
Private forests
Collaborative forest management
As in footnote No 5 above
Governance arrangements for community institutions
Communal land associations
Community-based organizations
Land Act, 1998 and the Associated Revisions and Regulations
NFA for CFRs and Local Governments for LFRs
Full Text
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