Batwa Land Rights

Batwa Land Rights

Displaced in 1991 with nothing. Three decades later, the land question remains unanswered.

Most Batwa near Bwindi do not own land. They were evicted in 1991 without compensation, and three decades later the Ugandan government has still not formally recognized their land rights or provided restitution. Some land has been purchased by NGOs for Batwa communities, but most titles are held in trust — not owned directly by Batwa families. During every major consultation since 2022, the Batwa have named land as their most fundamental need.

Source: VMGP for the Batwa around BINP, MWE/UWA, December 2025; Constitutional Petition No. 3 of 2013; MUST Social Assessment, 2020

Land as the Root Cause

The official World Bank VMGP document from December 2025 states this plainly: "Lack of land increasingly became a key component of Batwa's progressive marginalization and vulnerability." During community consultations in 2022, most Batwa believed that "land ownership, access, and use would be the answer to almost all their development challenges."

This is not an abstract claim. Without land, the Batwa cannot grow food. Without food security, children cannot attend school consistently. Without collateral, Batwa cannot access loans to start businesses. Without addresses on owned land, registration for government services is complicated. Every downstream development problem — education, health, livelihoods, dignity — traces back to the absence of secure land tenure.

The forest that was taken from them in 1991 was not only their home. It was their food system, their pharmacy, their spiritual anchor, and their economic base. The UN Declaration on the Rights of Indigenous Peoples recognizes that indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned lands. This right has not been honored for the Batwa.

How Batwa Land Is Currently Held

NGO Trust Land

The most common arrangement. NGOs purchase land and hold the title to prevent sale and protect the community's long-term interest. Batwa families live on the land and farm it but cannot legally sell it or use it as loan collateral. Examples: BMCT purchases in Rushaga, BDP housing projects in multiple settlements.

Church/Organization Partnerships

Some land is owned by religious organizations or NGO partnerships, with Batwa allowed to use it under informal arrangements. In the Buhoma area, ABEG holds land under a Church/BDP partnership. The land is not legally owned by the Batwa community.

Individual Informal Arrangements

Some Batwa individuals claim land that was given or sold to them informally, without proper documentation. Many do not have sale agreements. Some have no paperwork at all. This informal tenure is highly vulnerable to challenge by more powerful neighbors.

Squatting

A significant number of Batwa have no land arrangement whatsoever and squat on land owned by farmers or other community members. Some individuals in urban trading centers have been reported sleeping on shop verandas. This is the most vulnerable situation of all.

The Legal Case

In 2013, the United Organisation for Batwa Development in Uganda and eleven other petitioners filed Constitutional Petition No. 3 of 2013 against the Attorney General and two others. The case argues that the 1991 eviction from Bwindi and Mgahinga was unconstitutional — a violation of fundamental rights including the right to property and the right to culture.

The High Court issued a decision on August 19, 2021. As of December 2025, the World Bank VMGP notes that the case continues. The petition represents the Batwa community's most direct legal assertion of their rights and has drawn international attention to the land rights issue. Case documentation is tracked by the Forest Peoples Programme, which has provided legal support to the Batwa petitioners.

The case matters beyond Uganda. East African and African courts increasingly look to each other's decisions in indigenous rights cases. A successful ruling for the Batwa would set precedent for similar cases across the continent where indigenous communities were displaced for conservation purposes.

Land Is Outside the World Bank Project Scope

Three Batwa-led organizations (BDO, BIDO, BIEO) specifically requested land rights support as part of the World Bank IFPA-CD project in 2024. The project team responded that land acquisition falls outside the project's legal scope and cannot be supported through IFPA-CD funding. This limitation was clearly communicated to all stakeholders during the 2025 VMGP revision process. Land rights remain for other actors — governments, courts, and specialized NGOs — to address.

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Last updated: July 2026