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Historical and contemporary land laws and their impact on indigenous peoples’ land rights in Uganda:The case of the BatwaVI Conclusion and recommendationsConclusionThis study reveals that the historical land, forest and environmental legislation in Uganda havedone little to protect the Batwa’s substantive land rights to their forest lands in south-westernUganda. The Batwa are the traditional owners of this forest land, having occupied it before thearrival of the Tutsi and Hutus in 1550 and 1750 respectively. Through Uganda’s preindependencelegislation, the substantive rights of the Batwa to their forest land was denied.They were not consulted before any legislation or agreement was signed. By virtue of the ForestAct (1947) and National Park Act (1952), the traditional/customary right of the Batwa to theirland was denied. From this point on, they were not the legal owners of Bwindi , Mgahinga orEchuya, and their final eviction in 1991 further escalated their landlessness, poverty andsuffering. Even as the forest declines as a source of physical survival, their society is structuredin profound relation to the forest, and depends upon its continued existence as such and theircontinued access to it. 136 The various guarantees in the 1995 Constitution and in rights set outin related forests legislation and international instruments in support of indigenous peoples’land rights have hardly been implemented.It is clear from the history of Uganda that majority groups are in a better position to claim landrights. The State has a duty to cater for its entire people at the same level, but in reality there isdisparity of treatment. The Batwa lost their land without adequate compensation, and it isagainst this background that the study makes its recommendations.RecommendationsFor the BatwaBatwa organisations should sensitise all the Batwa communities about their land rights asprovided for in the laws and the Constitution. The Batwa or Batwa organisations shouldvindicate their land rights through the available local institutions such as the courts, with thehelp of legal aid. They should seek adequate compensation and programmes for settlement,reinstatement in the forest or alternative forest land where they can be resettled. Ifunsuccessful, the Batwa should file a communication at the African Commission of Human andPeoples’ Rights under the African Charter seeking a remedy for the violation of their rightsunder the Charter, arising from their eviction and the failure of the state to protect their rights.Alternatively, the Batwa could lobby both local and international civil society organisations totake up their cause. These could adopt a dialogical approach of encouraging government tocome up with a concrete plan of action on how to deal with the plight of the Batwa. The issuesmay include a periodic and continuous review of the system of benefit sharing, reinstatementand adequate compensation.136 Kabananukye and Wily (1996).Nakayi 30January 2009