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Land Rights and the Forest Peoples of Africa

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<strong>L<strong>and</strong></strong> rights <strong>and</strong> <strong>the</strong> forest peoples <strong>of</strong> <strong>Africa</strong> – Part I<br />

<strong>Forest</strong>-based Batwa in Ug<strong>and</strong>a<br />

The Bwindi, Mgahinga <strong>and</strong><br />

Echuya forests in southwestern<br />

Ug<strong>and</strong>a were<br />

gazetted as forest reserves<br />

by <strong>the</strong> British in <strong>the</strong> 1930s.<br />

This effectively protected<br />

<strong>the</strong>m from being destroyed<br />

by <strong>the</strong> agriculturalists who<br />

had moved into <strong>the</strong> area<br />

formerly inhabited only by<br />

<strong>the</strong> Batwa, while allowing<br />

<strong>the</strong> Batwa to continue to<br />

make use <strong>of</strong> <strong>the</strong>m.<br />

However, since Bwindi <strong>and</strong><br />

Mgahinga became national<br />

parks in 1991, Batwa<br />

Community meeting, Murubindi, Ug<strong>and</strong>a. Photo: Valérie Couillard<br />

exclusion has been<br />

enforced <strong>and</strong> so <strong>the</strong>ir forest-based role in <strong>the</strong> local economy has been completely destroyed. A<br />

few Batwa received compensation; most received nothing. Meanwhile farmers received most<br />

<strong>of</strong> <strong>the</strong> available compensation, because <strong>the</strong>y had been <strong>the</strong> ones turning <strong>the</strong> forest into<br />

agricultural l<strong>and</strong>s <strong>and</strong>, by destroying it, were <strong>the</strong>refore recognised as having l<strong>and</strong> rights. Only<br />

since <strong>the</strong> evictions have efforts been made by those responsible for <strong>the</strong> parks, but <strong>the</strong><br />

implementation <strong>of</strong> revenue-sharing programmes has fallen well short <strong>of</strong> <strong>the</strong> expectations,<br />

dem<strong>and</strong>s <strong>and</strong> needs <strong>of</strong> <strong>the</strong> Batwa. Additionally <strong>the</strong>re has been little or no Batwa involvement<br />

in management <strong>of</strong> <strong>the</strong>ir former ancestral l<strong>and</strong>s, <strong>and</strong> only a h<strong>and</strong>ful <strong>of</strong> Batwa have access to<br />

<strong>the</strong> forest under a multiple use programme to collect valuable forest resources. 67<br />

Despite this denial <strong>of</strong> <strong>the</strong>ir rights, persistent discrimination by <strong>the</strong>ir neighbours, <strong>and</strong> severe<br />

poverty, <strong>the</strong> Batwa have set up <strong>the</strong>ir own representative organisation. With <strong>the</strong> support <strong>of</strong> this<br />

organisation <strong>the</strong>y have been able to lobby for resettlement, <strong>and</strong> to date approximately half <strong>of</strong><br />

<strong>the</strong> Batwa in Ug<strong>and</strong>a have been provided with some l<strong>and</strong> to live on. In addition, <strong>the</strong> Batwa<br />

have been fighting to have <strong>the</strong>ir children included in local schools <strong>and</strong> health services <strong>and</strong> have<br />

been engaged in advocacy at local <strong>and</strong> national government levels. Despite <strong>the</strong>se successes,<br />

however, just under half <strong>of</strong> all Batwa in Ug<strong>and</strong>a are l<strong>and</strong>less <strong>and</strong> forced into bonded labour<br />

agreements with <strong>the</strong>ir more dominant neighbours. As a result <strong>the</strong> full rights <strong>of</strong> <strong>the</strong> Batwa as<br />

citizens <strong>of</strong> Ug<strong>and</strong>a are not being respected by <strong>the</strong>ir neighbours or by government institutions.<br />

C<br />

<strong>Forest</strong> peoples whose forest has been destroyed<br />

Batwa <strong>of</strong> DR Congo<br />

There are a great many scattered groups <strong>of</strong> Batwa throughout this region who are now totally<br />

dependent on <strong>the</strong>ir neighbours for <strong>the</strong>ir livelihoods. In DR Congo <strong>and</strong> Congo-Brazzaville <strong>the</strong>y<br />

are thought to number up to 100,000. The Batwa <strong>of</strong> Mb<strong>and</strong>aka <strong>and</strong> Equateur, DRC, provide<br />

67 Chris Kidd <strong>and</strong> Penninah Zaninka (2008) Securing Indigenous <strong>Peoples</strong>’ <strong>Rights</strong> in Conservation: A review<br />

<strong>of</strong> south-west Ug<strong>and</strong>a, <strong>Forest</strong> <strong>Peoples</strong> Programme (FPP), Moreton-in-Marsh.<br />

Kidd & Kenrick 23<br />

March 2009

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