Land, Livelihoods, and Human Rights: A Legal Analysis of the Balaalo Situation in Northern Uganda Under Trespass to Land Law

Abstract

The study examines the Balaalo pastoralist situation in Northern Uganda, focusing on the legal and human rights implications of land disputes under the law of trespass to land. The presence of Balaalo communities has generated tensions over land rights, communal ownership, and individual property interests, challenging both Ugandan customary and statutory legal frameworks as well as national and international human rights standards (Green, 2008). The study aims to analyze the Balaalo situation within the context of Ugandan trespass law, assess the human rights implications for affected communities, and identify legal and policy gaps that exacerbate land-related conflicts. Employing a qualitative case study design, the research utilizes interviews with local authorities, review of legal documents and court cases, and thematic analysis of the collected data. Findings reveal that conflicts largely arise from the intersection of customary land tenure and statutory law, with significant gaps in the enforcement of property rights, inconsistent legal and institutional responses, and human rights concerns related to evictions and restrictions on pastoralist mobility. The study concludes that harmonizing trespass law with human rights standards is essential and recommends policy reforms to enhance legal clarity, the establishment of inclusive adjudication mechanisms, promotion of community mediation efforts, and the development of improved cadastral systems to mitigate conflict while protecting the livelihoods and rights of all stakeholders.