Bulambuli County MP Emmanuel Wepukhulu Biara has asked Parliament to intervene in the Government’s planned relocation of landslide-prone communities in the Mount Elgon sub-region, raising concerns over the proposed demolition of residents’ houses and transfer of their ancestral land to the Uganda Wildlife Authority (UWA).
In a matter of urgent public importance presented to Parliament under Rule 56 of the Rules of Procedure, Biara questioned whether the Government can legally use the Shs18 million relocation package offered to each affected household as compensation for permanently taking over their land, houses, crops and other property.
The legislator, who represents Bulambuli County, welcomed the Government’s decision to provide Shs18 million to each household to help families move from dangerous areas to safer locations. He commended President Yoweri Museveni, Cabinet and Prime Minister Robinah Nabbanja for responding to repeated calls to protect communities threatened by landslides and floods.
However, Biara said the proposed demolition of houses and transfer of vacated land to UWA for integration into Mount Elgon National Park raises serious constitutional and human rights questions that require Parliament’s attention.
He argued that relocating people to protect their lives should not automatically mean taking away their ancestral land without following the law and providing appropriate compensation.
According to Biara, Article 26 of the Constitution guarantees every person the right to own property and protects citizens against compulsory acquisition of their property without following the legally required procedures. He noted that the Constitution requires prompt payment of fair and adequate compensation before property is taken over by Government, as well as access to a court of law.
The MP questioned whether the Shs18 million provided to affected households is simply financial assistance to help them relocate or whether Government intends to treat it as full compensation for acquiring their land and other property.
He also referred to Article 237 of the Constitution, which provides that land in Uganda belongs to its citizens while allowing Government to acquire land for public purposes under the law. He acknowledged the Government’s responsibility to protect national parks and natural resources but said such responsibilities must be exercised without violating people’s constitutional rights.
Biara explained that communities in Bulambuli, Bududa, Namisindwa, Sironko and other parts of the Mount Elgon sub-region are not opposed to being evacuated from dangerous areas. Instead, their concern is whether accepting Government relocation assistance means they must permanently surrender their ancestral land to UWA.
He observed that many affected families have lived on their land for generations, making it an important part of their heritage, livelihoods, cultural identity and economic security.
The legislator therefore asked the Prime Minister to present a comprehensive statement to Parliament explaining the legal basis for demolishing beneficiaries’ houses and transferring their land to UWA.
He also called on Government to consider suspending the demolition of houses and transfer of privately owned or lawfully occupied land until Parliament clarifies the applicable laws, land ownership, boundaries and compensation arrangements.
However, he emphasised that such a suspension should not stop the emergency evacuation exercise or delay the payment of the Shs18 million relocation assistance to affected households.
Biara further asked the Attorney General to advise Parliament on whether the Shs18 million relocation package qualifies as resettlement assistance or compensation for compulsory land acquisition under Article 26 of the Constitution.
He also wants Government to clarify whether affected families can retain lawful ownership of their land even when they are no longer allowed to live in areas that have been scientifically identified as dangerous because of landslides.
In another request, the MP called for an urgent investigation by the relevant parliamentary committee, including consultations with affected communities, the Office of the Prime Minister, the Ministry of Lands and UWA.
He said Parliament has a responsibility to protect citizens’ rights and examine the implementation of Government policies, adding that the Constitution provides mechanisms for parliamentary oversight of public institutions and government programmes.
Biara maintained that saving lives and protecting property rights should not be treated as competing responsibilities. He said Government should continue helping families escape dangerous areas while ensuring that questions surrounding permanent land acquisition are handled through proper constitutional and legal procedures.
“We must save lives without unnecessarily extinguishing lawful property rights,” Biara told Parliament, stressing that disaster preparedness should protect both the lives and constitutional rights of Ugandans.
He concluded by supporting the Government’s relocation programme but insisted that the proposed permanent acquisition and transfer of ancestral land to UWA should be subjected to proper legal and parliamentary scrutiny.
