The Balaalo and the Burden of Belonging: Land Governance Challenges for Migrants in Uganda
The grasslands of northern Uganda have long been a haven for pastoral communities. However, recent tensions between the Balaalo, a nomadic pastoralist group from western Uganda, and indigenous communities in northern Uganda expose a complex web of historical injustices and land governance issues that continue to plague modern Uganda. Although Article 26 of the 1995 Uganda Constitution guarantees the right to own property, supplemented by Article 29 (2) (a) which provides for the right of every Ugandan to move freely and settle in any part of the country. Translating these rights into reality for mobile populations like the Balaalo has been a futile attempt which requires a proactive approach from the government.
The Balaalo’s migration is rooted in historical patterns. Decades of drought and population pressure in western Uganda forced them to seek new grazing lands for their cattle. However, their arrival in northern Uganda coincides with a lingering sense of grievance from the Acholi people who bore the brunt of Uganda’s brutal civil war. Accusations of “settler colonialism” stem from the perception that the Balaalo represent a form of government-backed land grab, further stoking resentment.
This conflict highlights the shortcomings of Uganda’s land tenure system. The co-existence of customary land ownership, governed by traditional authorities, and the formal Torrens system, based on individual titles, creates ambiguity, particularly in situations of historical displacement. The Balaalo, lacking formal land ownership, become easy targets for displacement despite their nomadic way of life predating colonial land demarcations.
The Ugandan government’s response to the Balaalo issue has been reactionary. His Excellency President Museveni’s pronouncements banning their presence in the north, while politically expedient, are not a sustainable solution. They ignore the reality of migration patterns and the constitutional right to own property. A more constructive approach requires a multi-pronged strategy. Firstly, the government must facilitate dialogue between the Balaalo and indigenous communities. Open communication can foster understanding and dispel fears of land dispossession. Secondly, land use planning that allocates grazing corridors and designated grazing areas can accommodate the needs of both nomadic and settled communities. Finally, streamlining the process for obtaining land titles, particularly for communities with customary land ownership, can provide greater security and reduce conflict.
Safeguarding land rights is undoubtedly challenging, especially considering Uganda’s burgeoning population. However, Article 26 is not a hollow promise. By finding creative solutions and upholding the constitutional guarantee of property ownership, Uganda can create a more inclusive land governance system that allows the Balaalo, and all Ugandans, to exercise their right to own land and contribute to the nation’s development.