Legal Instruments related to Culture (CCFU@2015)

 

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The Cross-Cultural Foundation of Uganda produced this compendium of legal instruments related to culture and cultural institutions as a resource to support actions and decisions taken by cultural institutions and also act as a reference doc for others

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Legal Instruments related to Culture and Cultural Institutions in Uganda Legal Instruments related to Culture and Cultural Institutions in Uganda Compiled by The Cross-Cultural Foundation of Uganda December 2014 |1

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Legal Instruments related to Culture and Cultural Institutions in Uganda 2|

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Legal Instruments related to Culture and Cultural Institutions in Uganda PREFACE The Cross-Cultural Foundation of Uganda (CCFU) has in the last few years examined the relevance of culture in governance and contemporary development. While traditional governance systems have, to a large extent, been replaced by ‘modern’ structures and systems at national level, they are still considered relevant at local levels in many parts of the country. A few attempts have been made to find points of convergence and to utilise knowledge from either system, but more could be done to ensure that the enabling aspects of the ‘modern’ legal instruments and traditional law are known and utilised. In the course of its work with representatives from cultural institutions, the Foundation has also found that while the Constitution, policies and other laws provide a framework specifically outlining the roles, responsibilities and privileges of such institutions, these are not widely known or uniformly interpreted. This gap has often been highlighted and has at times resulted in unnecessary conflict. To fully benefit from Uganda’s legislative framework with regard to cultural institutions, the relevant laws and policies need to be easily accessible to the direct beneficiaries. Aspects that are considered inadequate because of changing needs can only be tested and verified against the existing legal frameworks, with which cultural leaders and communities need to be conversant. The Cross-Cultural Foundation of Uganda has therefore produced this compendium of legal instruments related to culture and cultural institutions as a resource to support actions and decisions taken by the leadership of cultural institutions. CCFU is grateful to the National NGO Forum for financing support to cultural institutions in general and for the production of this publication in particular. Emily Drani, Executive Director, The Cross-Cultural Foundation of Uganda Kampala - Uganda December 2014 |3

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Legal Instruments related to Culture and Cultural Institutions in Uganda CONTENTS 1.0 SUMMARY OF INTERNATIONAL LEGAL INSTRUMENTS ......................5 1.1 The Universal Declaration on Human Rights (UDHR), 1948.....................................................5 1.2 International Covenant on Economic, Social and Cultural Rights, 1966..................................5 1.3 The 1972 UNESCO Convention Concerning the Protection of the World Cultural and Natural Heritage...........................................................................................6 1.4 The 2003 UNESCO Convention for Safeguarding the Intangible Cultural Heritage (ICH).................................................................................................................6 1.5 The 2005 UNESCO Convention on the Protection and Promotion of the Diversity of Cultural expressions........................................................................................6 2.0 2.1 2.2 2.3 2.4 2.4.1 2.4.2 2.4.3 2.4.4 2.4.5 2.4.6 2.4.7 2.4.8 2.4.9 2.4.10 SUMMARY OF NATIONAL LEGAL INSTRUMENTS....................................7 The 1995 Constitution of Uganda..................................................................................................7 The National Cultural Policy, 2006 .............................................................................................8 The National Land Policy, 2013.....................................................................................................8 ACTS OF PARLIAMENT............................................................................................................10 The Witchcraft Act, 1957................................................................................................................10 The Land Acquisition Act, 1965......................................................................................................10 The Historical Monuments Act, 1967.............................................................................................10 The Traditional Rulers (Restitution of Assets and Properties) Act, 1993.......................................10 The Local Government Act, 1997; amended 2002..........................................................................11 The National Environment Management Act, 1998........................................................................11 The Land Act, 1998.........................................................................................................................11 The Mining Act, 2003.....................................................................................................................11 The Petroleum (Exploration, Development and Production) Act, 2013 ........................................12 The Equal Opportunities Commission Act, 2007............................................................................12 3.0 3. 1. 3.2 3.3 3.4. SELECTED LEGAL INSTRUMENTS RELATED TO CULTURE AND CULTURAL INSTITUTIONS IN UGANDA – IN FULL.................................14 THE UGANDA NATIONAL CULTURE POLICY (2006) .......................................................14 THE INSTITUTION OF TRADITIONAL OR CULTURAL LEADERS ACT, 2011.............30 THE TRADITIONAL RULERS (RESTITUTION OF ASSETS AND PROPERTIES) ACT, 1993, CAP 247..........................................................................................36 THE UNITED NATIONS DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES, 2007............................................................................................38 4|

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Legal Instruments related to Culture and Cultural Institutions in Uganda The legal framework on culture and heritage in Uganda consists of national and international legal instruments. These include international conventions to which Uganda is a state party, the 1995 Constitution of Uganda (provisions for culture and heritage), national policies and Acts of Parliament. Below is a brief outline of various instruments that are of relevance to the culture sector. 1.0 SUMMARY OF INTERNATIONAL LEGAL INSTRUMENTS 1.1 The Universal Declaration on Human Rights (UDHR), 1948 The UDHR was the first internationally recognised legal instrument to provide for the protection and promotion of cultural heritage through cultural rights. The Declaration came into existence partly as a result of the desire to protect the cultural rights of people from the effects of wars. Uganda has adopted the UDHR and is member state of the United Nations (UN) since 25-10-1962. Article 27 (1) and (2) state that: (1) “Everyone has the right to freely participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits” (2) “Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author” The following should be noted about the Declaration: 1) Other categories of human rights in the Declaration have rather overshadowed cultural rights for a long time; 2) The Declaration provides guidelines for international conventions relevant to the protection and promotion of cultural rights, such as the 2005 UNESCO Convention on the Promotion and Protection of the Diversity of Cultural Expressions. 1.2 International Covenant on Economic, Social and Cultural Rights, 1966 The Government of Uganda ratified this Covenant in 1987. The Covenant emphasises that all peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. Article 15 of the Covenant urges the States Parties to the Covenant to recognise the right of everyone: To take part in cultural life: 1) To enjoy the benefits of scientific progress and its applications; 2) To benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author. The Covenant also urges State Parties to: 1) Undertake to respect the freedom indispensable for scientific research and creative activity. 2) Recognise the benefits to be derived from the encouragement and development of international contacts and co-operation in the scientific and cultural fields. |5

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Legal Instruments related to Culture and Cultural Institutions in Uganda 1.3 The 1972 UNESCO Convention Concerning the Protection of the World Cultural and Natural Heritage. The Government of Uganda ratified this Convention in 1987. The Convention encourages State Parties to conserve and protect their heritage. It provides for the protection of both natural and cultural aspects of heritage. It also laid the foundation for other international and national legal instruments related to culture. However, the framers of the Convention then did not consider new categories of heritage/heritage sites for instance, the mixed sites and the intangible cultural heritage. It was only at a later stage that UNESCO State Parties realised that heritage is dynamic; hence new heritage categories and conventions are continually introduced, to provide adequate protection depending on the prevailing situation. 1.4 The 2003 UNESCO Convention for Safeguarding the Intangible Cultural Heritage (ICH) The Government of Uganda ratified this Convention in 2009. State Parties are required to identify, define and devise appropriate means of preserving Intangible Cultural Heritage (ICH). The Convention offers an opportunity to Uganda to derive benefits from sharing international best practices, and ensuring its heritage is protected and recognised in global development. The Convention provides possibilities to “decolonise” Uganda’s heritage, which has been for many years dominated by museums and monuments. A further benefit of the Convention is that ICH contributes to social cohesion and nation-building. The Convention is explicit that communities, groups, and non-governmental organisations should be involved in its implementation. 1.5 The 2005 UNESCO Convention on the Protection and Promotion of the Diversity of Cultural expressions. This Convention has not yet been ratified by the Government of Uganda. It recognises the distinctive nature of cultural goods and services and affirms in international law the right of countries to apply policies to support their cultural industries. The Convention provides for the protection and promotion of the cultural expressions, cultural diversities, cultural industries, cultural activities, goods and services so that they flourish and freely interact in a mutually beneficial manner. It reaffirms the importance of the link between culture and development, and support action undertaken nationally and internationally to secure recognition of the true values of this link. Article 11 of the Convention acknowledges the fundamental role of civil society in protecting and promoting the diversity of cultural expressions and calls for their participation. Thus, ratification will not only result in financial benefits, but also create opportunities for mainstreaming culture in sustainable economic development. However, all these international conventions, by their nature, do not provide stringent measures for enforcement or adherence to their provisions. 6|

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Legal Instruments related to Culture and Cultural Institutions in Uganda 2.0 SUMMARY OF NATIONAL LEGAL INSTRUMENTS 2.1 The 1995 Constitution of Uganda The 1995 Constitution is the first legal instrument in the history of Uganda to directly provide for the protection and promotion of our heritage. It is also the first legal instrument to provide for the promotion and development of Ugandan languages as part of our culture. The 1995 Constitution of Uganda recognises the importance of Ugandan cultures and supports the promotion and preservation of those cultural values and practices which enhance the dignity and well- being of Ugandans. It encourages the development and preservation of Ugandan languages as part of culture and encourages the protection and promotion of Uganda’s built heritage. Objective XXIV of the Constitution thus states that “cultural and customary values that are consistent with the fundamental human rights and freedoms, human dignity and democracy and with the Constitution of Uganda may be developed and incorporated in all aspects of Ugandan life”. Objective XXV also mandates the State and citizens to preserve and promote public property and Uganda’s heritage. Article 3 of the Constitution (Amendment) (No.2) Act 2006 mandates Regional Assemblies under the Regional tier system of governance to handle cultural matters relating to the traditional or cultural leaders, clan and sub-clan leadership, cultural and traditional practices and cultural institutions by establishing specialised committees for them. However, these Regional Assemblies are yet to be established. With regard to the right to culture and similar rights, the Constitution (Art. 37) states that “every person has a right as applicable to belong to enjoy, practice, profess, maintain and promote any culture, cultural institution, language, tradition, creed or religion in community with others.” Concerning minority groups’ rights, the constitution states in Article 21 that “all persons are equal before the law in all spheres of political, economic social and cultural life…” and that “a person shall not be discriminated against on the ground of sex, race, colour, ethnic origin, tribe, birth, creed or religion, social and economic standing, political opinion or disability”. The Article further states that “nothing in this article shall prevent Parliament from enacting laws that are necessary for implementing policies and programmes aimed at redressing social, economic, educational or other imbalances in society.” Article 36 also stipulates that “Minorities have a right to participate in decision-making processes, and their views and interests shall be taken into account in the making of national plans and programmes. The following articles are relevant to cultural institutions: Article 26 states protection from deprivation of property, either individually or in association with others and that no person shall be compulsorily deprived of property (unless for public use and fully compensated for). Article 29(2) states that every Ugandan shall have the right to move freely throughout Uganda and to reside and settle in any part of Uganda”. Article 246 addresses the specific issue of traditional or cultural leaders: “(1) Subject to the provisions of this Constitution, the institution of traditional leader or cultural leader may exist in any area of Uganda in accordance with the culture, customs and traditions or wishes and aspirations of the people to whom it applies. “(2) In any community, where the issue of traditional or cultural leader has not been resolved, the issue shall be resolved by the community concerned using a method prescribed by Parliament. “(3) The following provisions shall apply in relation to traditional leaders or cultural leaders— (a) the institution of traditional leader or a cultural leader shall be a corporation sole with perpetual succession and with capacity to sue and be sued and to hold assets or properties in trust for itself and the people concerned; (b) nothing in paragraph (a) shall be taken to prohibit a traditional leader or cultural leader from holding any asset or property acquired in a personal capacity; |7

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Legal Instruments related to Culture and Cultural Institutions in Uganda (c) a traditional leader or cultural leader shall enjoy such privileges and benefits as may be conferred by the Government and local government or as that leader may be entitled to under culture, custom and tradition; (d) subject to paragraph (c) of this clause, no person shall be compelled to pay allegiance or contribute to the cost of maintaining a traditional leader or cultural leader; (e) a person shall not, while remaining a traditional leader or cultural leader, join or participate in partisan politics; (f) a traditional leader or cultural leader shall not have or exercise any administrative, legislative or executive powers of Government or local government. “(4) The allegiance and privileges accorded to a traditional leader or a cultural leader by virtue of that office shall not be regarded as a discriminatory practice prohibited under article 21 of this Constitution; but any custom, practice, usage or tradition relating to a traditional leader or cultural leader which detracts from the rights of any person as guaranteed by this Constitution, shall be taken to be prohibited under that article. “(5) For the avoidance of doubt, the institution of traditional leader or cultural leader existing immediately before the coming into force of this Constitution shall be taken to exist in accordance with the provisions of this Constitution. “(6) For the purposes of this article, “traditional leader or cultural leader” means a king or similar traditional leader or cultural leader by whatever name called, who derives allegiance from the fact of birth or descent in accordance with the customs, traditions, usage or consent of the people led by that traditional or cultural leader.” 2.2 The National Cultural Policy, 2006 The National Cultural Policy of 2006 is the first comprehensive instrument taking into account the diversity of Ugandan cultures. It recognises the importance of culture in Ugandan’s development processes and the institutions responsible for the promotion of culture. The National Policy defines culture as the sum total of the ways in which a society preserves, identifies, organises, sustains and expresses itself. The policy aims at promoting culture and enhancing its contribution to community empowerment through cultural industries, research and development, performing art, indigenous knowledge, language and literary art, cultural beliefs, traditions and values and cultural sites and monuments. The policy recognises institutions that promote culture such as the traditional/cultural institutions, the institution of the family, statutory institutions, civil society organisations and the private sector. Details of this policy can be found in Section 3 of this document. 2.3 The National Land Policy, 2013 The Policy states, among other provisions: A. To ensure appropriate holding and management of strategic natural resources, Government shall: (i) “Protect the land rights and land resources of customary owners, individuals and communities owning land in areas where mineral and petroleum deposits exist or are discovered; (ii) “Allow to the extent possible, co-existence of customary owners, individuals and communities owning land in areas where petroleum and minerals are discovered; (iii) “Provide for restitution of land rights in event of minerals or oil being exhausted or expired depending on the mode of acquisition; (iv) “Guarantee the right to the sharing of benefits by land owning communities and recognize the stake of 8|

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Legal Instruments related to Culture and Cultural Institutions in Uganda cultural institutions over ancestral lands with minerals and petroleum deposits; and (v) “Adopt an open policy on information to the public and seek consent of communities and local governments concerning prospecting and mining of these resources.” B. With regard to customary tenure, the policy recognises that the majority of Ugandans hold their land under customary tenure, although this form of tenure is often “disparaged and sabotaged” in preference for other forms of registered tenures. The Policy therefore states that (i) “The State shall recognize customary tenure to be at par (same level) with other tenure systems; (ii) “The State shall establish a land registry system for the registration of land rights under customary tenure and issue Certificates of Title of Customary Ownership based on a customary land registry that confers rights equivalent to freehold tenure; (iii) “Facilitate conversion of customary land which is already privatised and individualised into freehold tenure; (iv) “Make an inventory of common property resources owned by communities and vest these resources in the communities to be managed under their customary law. To facilitate the design and evolution of a legislative framework for customary tenure, Government shall (among others): (i) “Recognise the role of customary institutions in making rules governing land, resolving disputes and protecting land rights; (ii) “Define family and individual land rights, from communal rights under customary land tenure and distinguish the rights and obligations of customary institutions vis-à-vis those of the community and individuals; and (iii) “Provide for registration of customary land held under trusteeship by traditional institutions or cultural leaders on behalf of communities in the names of trustees. C. Land rights of pastoral communities will be guaranteed and protected by the State, by taking measures to: (i) “Ensure that pastoral lands are held, owned and controlled by designated pastoral communities as common property under customary tenure; (ii) “Protect pastoral lands from indiscriminate appropriation by individuals or corporate institutions under the guise of investment; (iii) “Promote the establishment of Communal Land Associations and the use of communal land management schemes among pastoral communities; (iv) “Establish efficient mechanisms for the speedy resolution of conflict over pastoral resources in pastoral communities and sedentary communities; and (v) “Consider land swapping, resettlement or compensation for pastoral communities displaced by government from their ancestral lands. D. To restructure and re-engineer the land administration system, Government will take measures (among others) to: (i) “Further decentralise land rights administration functions to traditional customary land governance levels; (ii) “Re-design the hierarchy of the land rights administration to enable traditional customary institutions to operate as the tiers of first instance in respect of land held under customary tenure; (iii) “Ensure full judicial backing for traditional institutions as mechanisms of first instance in respect of land rights allocation, land use regulation and land disputes for land under customary tenure; (iv) “Develop guidelines and procedures under customary land law for the allocation and distribution of land complying with the principles of equality and natural justice |9

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Legal Instruments related to Culture and Cultural Institutions in Uganda (v) “Recognise and grant legality to operations of customary land administration institutions under the Registration of Titles Act; (vi) “Accord precedence to indigenous principles and practice in dispute management institutions in respect of disputes over land held under customary land tenure; (vii)“Empower customary/traditional institutions to keep proper written records of all disputes dealt with under their jurisdiction 2.4 ACTS OF PARLIAMENT There are a number of Acts of Parliament related to culture, ranging from those dealing with heritage preservation to those concerning land and cultural institutions. Some of these Acts are recent, others have evolved over time while others are yet to be updated. 2.4.1 The Witchcraft Act, 1957 The Witchcraft Act is the oldest legal documents related to cultural issues in Uganda. The Act provides for the prevention of witchcraft and the punishment of persons practicing witchcraft. Section 1 stipulates “For the purposes of this Act, “witchcraft” does not include bonafide spirit worship or the bonafide manufacture, supply or sale of native medicines.” The Act stipulates offences and penalties in relation to Witchcraft. For instance, any person who directly or indirectly threatens another with death by witchcraft or by any other supernatural means commits an offence and is liable on conviction to imprisonment for life. The Act however promotes the making and selling of traditional medicines, and makes a clear distinction between witchcraft and traditional medicines. 2.4.2 The Land Acquisition Act, 1965 This Act provides for the compulsory acquisition of land for public purposes. Article 3 states that “whenever the Minister is satisfied that any land is required by Government for public purposes, he or she may, by statutory instrument, make a declaration to that effect”. Under this Act, the government can take possession of any land for public purposes especially land required for the purposes of public works. The Act provides for government support towards the identification and protection of public heritage sites and monuments. 2.4.3 The Historical Monuments Act, 1967 The Act provides for the preservation, protection and promotion of historical monuments and objects of archaeological, paleontological, ethnographical and traditional interest. The Act further provides for means to list objects on the national list and stipulates how these should be protected and maintained. Section 1 (1) states that “The Minister may, by statutory instrument, declare any object of archaeological, paleontological, ethnographical, traditional or historical interest to be a preserved object for the purposes of this Act” Section 8 of the Act also provides for the maintenance of the objects (including sites, places, fortification etc): “For purposes of maintenance and inspection of any preserved or protected object there shall be an inspector of monuments who shall be appointed by the Minister and shall be a public officer” 2.4.4 The Traditional Rulers (Restitution of Assets and Properties) Act, 1993 This Act restores to traditional rulers, the assets and properties confiscated by the State in 1967. By this Act, many sites with significant history and cultures that were deregistered from the national list of protected sites were given back to the cultural institutions/leaders. However, restoration was partial and cultural institutions/leaders are often lacking resources, limiting their ability to function, for instance in the management of heritage sites. 10 |

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Legal Instruments related to Culture and Cultural Institutions in Uganda 2.4.5 The Local Government Act, 1997; amended 2002 The Local Government Act, 1997 lists cultural affairs as one of the decentralised services, activities and functions of the district authorities. The Act also mandates the Ministry of Local Government to assess the performance of culture in local governments and to ensure that the culture function benefits from the grants sent to the local governments. Article 178 (a) (ii) assigns responsibility for promoting local cultures to local authorities, while Article 33 (2) specifies sites/places to be preserved by local authorities. The Local Government Act provides opportunities for local cultural resources to be protected, promoted and developed at local community levels. It also provides opportunities for culture to be integrated into local government programmes. However culture, has been and still is being, accorded low priority in national development planning and budgeting at local and national levels. 2.4.6 The National Environment Management Act, 1998 General Principle (2 (d) of this Act provides for conservation of the cultural heritage and use of the environment and natural resources of Uganda for the benefit of both present and future generations. The Act integrates culture into environmental management principles as one way to sustainably conserve the environment. However, the Act does not provide much information on how to integrate culture in environment management. 2.4.7 The Land Act, 1998 The Act declares all land in Uganda to be vested in its citizens and divides land tenure systems into 4 categories: customary; freehold; mailo; and leasehold. A certificate of customary ownership may be acquired by persons holding former public land in customary tenure under section 5. A Land Committee established under section 65 of the Act shall process applications for such certificate in accordance with section 6. A District Land Board established under the Constitution shall decide on granting of a certificate on the basis of advice of a Committee under section 8. Sections 10 concerns the conversion of customary titles in freehold titles. Communal land associations may be formed by a group of persons in accordance with sections 16 to 20. The establishment of such association shall be controlled by the Registrar or Titles and the association shall be managed by a managing committee. The Association shall set aside land for common use (sect. 24) and manage such land in accordance with rules laid down in sections 25 to 27. The area set-aside shall be managed in accordance with a common land use scheme. Section 45 provides for the holding in trust of land of environmentally sensitive areas including wetlands, forest reserves, national parks, by the Government or local government. 2.4.8 The Mining Act, 2003 This Act states that the entire property in and control of all minerals in, on or under, any land or waters in Uganda are and shall be vested in the Government A person may however acquire the right to search for, retain, mine and dispose of any mineral by acquiring a licence. However, the holder of a mineral right shall not exercise any of his or her rights under that mineral right in respect of or on any land set apart for any public purpose, other than mining, or on any land which is (i) dedicated as a place of burial; or (ii) a place of religious significance; or (iii) the site of a public building, or near inhabited or cultivated land; or any land, which is held communally for cultural rites, without the written consent of the community concerned. Further, “The rights conferred by a mineral right shall be exercised reasonably and in such a manner as not to adversely affect the interests of any owner or occupier of the land on which the rights are exercised”. The owner or lawful occupier of any land subject to a mineral right is entitled to compensation under either section 82 of this Act or to a share of royalties (3%). | 11

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Legal Instruments related to Culture and Cultural Institutions in Uganda 2.4.9 The Petroleum (Exploration, Development and Production) Act, 2013 The purpose of the Act is to operationalise the National Oil and Gas Policy of Uganda by (among others) establishing an effective legal framework and institutional structures to ensure that the exploration, development and production of petroleum resources of Uganda is carried out in a sustainable manner that guarantees optimum benefits for all Ugandans, both the present and future generations. The Acts reiterates that in accordance with article 244 of the Constitution, the entire property in, and the control of, petroleum in its natural condition in, on or under any land or waters in Uganda is vested in the Government on behalf of the Republic of Uganda. The Government of Uganda therefore shall hold petroleum rights on behalf of and for the benefit of the people of Uganda. With regard to surface rights, the Act states that a petroleum licensee shall not exercise any right under a licence a. without the written consent of the relevant authority, upon any land dedicated or set apart for a public purpose or for a place of burial, or upon land over which a mining lease, an exploration licence or a right to cultural site has been granted; b. without the written consent of the land owner c. upon any land which is the site of or which is within two hundred meters of any inhabited, occupied or temporarily unoccupied house or building; d. within fifty metres of any land which has been cleared or ploughed or otherwise bona fide prepared for the growing of agricultural crops or on which agricultural crops are growing; e. upon any land from which, during the year immediately preceding, agricultural crops have been reaped; or f. upon any land which is the site of or which is within one hundred metres of a cattle dip-tank, dam or water used by human beings or cattle. A land owner in an exploration or development area shall retain the right to graze stock upon or to cultivate the surface of the land insofar as the grazing or cultivation does not interfere with petroleum activities or safety zones in the area. The Act also states that the rights conferred by a licence shall be exercised reasonably so as to affect as little as possible the interests of any land owner of the land on which the rights are exercised; and petroleum activities shall be carried out in a proper manner. Finally, a licensee shall, on demand being made by a land owner, pay the land owner fair and reasonable compensation for any disturbance of his or her rights and for any damage done to the surface of the land due to petroleum activities, and shall, at the demand of the owner of any crops, trees, buildings or works damaged during the course of the activities, pay compensation for the damage. 2.4.10 The Equal Opportunities Commission Act, 2007 This Act established the Equal Opportunities Commission, pursuant to articles 32 (3) and 32 (4) and other relevant provisions of the Constitution It is meant to give effect to the State’s constitutional mandate to eliminate discrimination and inequalities against any individual or group of persons on the ground of sex, age, race, colour, ethnic origin, tribe, birth, creed or religion, health status, social or economic standing, political opinion or disability, and to take affirmative action in favour of groups marginalised on the basis of gender, age, disability or any other reason created by history, tradition or custom for the purpose of redressing imbalances which exist against them. The Act defines “discrimination” as any act, omission, policy, law, rule, practice, distinction, condition, situation, exclusion or preference which, directly or indirectly, has the effect of nullifying or impairing equal opportunities or marginalizing a section of society or resulting in unequal treatment of persons in employment or in the enjoyment of rights and freedoms on the basis of sex, race, colour, ethnic origin, tribe, birth, creed, religion, health status, social or economic standing, political opinion or disability; 12 |

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Legal Instruments related to Culture and Cultural Institutions in Uganda The Act defines “equal opportunities” as having the same treatment or consideration in the enjoyment of rights and freedoms, attainment of access to social services, education, employment and physical environment or the participation in social, cultural and political activities regardless of sex, age, race, colour, ethnic origin, tribe, birth, creed, religion, health status, social or economic standing, political opinion or disability; “Marginalisation” means depriving a person or a group of persons of opportunities for living a respectable and reasonable life as provided in the Constitution; The functions of the Commission are to monitor, evaluate and ensure that policies, laws, plans, programs, activities, practices, traditions, cultures, usages and customs of organs of State, public bodies, private businesses and NGOs and cultural and social bodies to ensure that they are compliant with equal opportunities and regarding affirmative action in favour of groups marginalized on the basis of sex, race, colour, ethnic origin, tribe, creed, religion, social or economic standing, political opinion, disability, gender, age or any other reason created by history, tradition or custom. The Commission may, among others, (a) investigate or inquire into, on its own initiative or on a complaint made by any person or group of persons, any act, circumstance, conduct, omission, programme, activity or practice which seems to amount to or constitute discrimination, marginalization or to otherwise undermine equal opportunities; (b) examine any law, proposed law, policy, culture, tradition, usage, custom or plan which is likely to have effect of nullifying or impairing equal opportunities to persons in employment or enjoyment of human rights. The Commission may also consider such recommendations, suggestions and requests concerning the promotion of equal opportunities as it may receive from any source; | 13

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Legal Instruments related to Culture and Cultural Institutions in Uganda 3.0 SELECTED LEGAL INSTRUMENTS RELATED TO CULTURE AND CULTURAL INSTITUTIONS IN UGANDA – IN FULL 3. 1. THE UGANDA NATIONAL CULTURE POLICY (2006) 1.0 BACKGROUND In the pre-colonial times, traditional communities in what is now Uganda were closely knit units. Their social, political and economic organisation revolved around the family, clan and/ or the institution of the traditional leader. The daily activities of men, women and children, whether as individuals or as groups were intrinsically linked to, and determined by their cultures. However the exposure to various influences, cultures as well as foreign rule at the end of the 19th century and the beginning of the 20th century led to the weakening of traditional socio-political setups. Aspects of culture such as indigenous knowledge and traditional health care systems were ignored or belittled. In this way, innovativeness and the whole social fabric was undermined. In spite of this, many communities continued to attach great value to their cultures and endeavored to conserve, inculcate and sustain it. Through Information, Education and Community Development work, the colonial Government promoted culture. This was done through broadcasts in local languages, teaching of local languages in schools, and through traditional cultural festivals. After independence, Government established a Ministry of Culture and Community Development (MoCCD). The Department of Culture therein was charged with the responsibility of ensuring the preservation, promotion and Development of Uganda’s cultures. The Government enacted the laws to strengthen the culture function. These included; the Historical Monuments (Amendment) Decree (No.6) of 1977, The Historical Monuments Act of 1967, Uganda National Culture Centre 1965 Amendments Act, Copyright Act of 1964(This Act has been repealed and replaced with the Copyright and Neigbouring Rights Act, 2006) and the Stage Plays and Public Entertainment Act of 1964. Despite the above initiatives, Uganda has not had a well-documented Policy to guide and coordinate culture. This Policy has been formulated to guide the formal and informal systems of managing culture at all levels. 2.0 CULTURE IN UGANDA: A SITUATION ANALYSIS 2.1 DEFINITION OF CULTURE Culture concerns itself with socially transmitted behaviour patterns, arts, beliefs, institutions and all other products of human work and thought. Culture includes intangible and tangible heritage, which is varied, complex, and in constant evolution. The tangible heritage includes monuments or architecture, art and crafts, sites, manuscripts, books and other objects of artistic and historical interest. The intangible heritage includes language, oral traditions, performing arts, music, festive events, rituals, social practices, traditional craftsmanship, knowledge and practices concerning nature. There are various definitions and perceptions of culture. However in this Policy, culture will be defined as; the sum total of the ways in which a society preserves, identifies, organises, sustains and expresses itself. 2.2 UGANDA’S CULTURAL HERITAGE The cultural heritage of Uganda includes artistic and cultural expressions. These are; language and literary arts, performing arts, visual arts and handicrafts, indigenous knowledge, cultural beliefs, traditions and values, cultural sites monuments and antiquities. 14 |

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Legal Instruments related to Culture and Cultural Institutions in Uganda 2.2.1 Language and Literary Arts Language is the means of expressing the creative arts of orature and literature. Uganda has a rich variety of indigenous languages and dialects. English is the official language of Uganda and Kiswahili is the second official language. Literary arts as a by-product of language ensure the development of orature and literature that often depicts the culture of Uganda’s people. The various languages are a unique storehouse of knowledge and have facilitated the communication between people within and outside the country. In addition, literary arts are one of the existing cultural industries in the country. The development of languages in Uganda has not been uniform and tended to privilege some languages over others. In addition, the multiplicity of languages does not facilitate direct communication amongst communities. Information in indigenous languages has to be translated to English and vice versa if it is to be shared. This often results in gross distortions and loss of meaning. In relation to literary arts, the available literature is limited because some languages lack orthographies. 2.2.2 Performing arts The performing arts include; dance, drama, music, theatre, motion pictures, opera, traditional sports and the marching arts such as brass bands. The performing arts in Uganda are used for self-expression, education and sensitization of communities as well as for entertainment. In the communities, traditional and modern performing arts have been popularised as a means to facilitate participation by communities in development. In addition, cultural, educational institutions and the private sector have supported the performing arts. Consequently jobs have been created for a growing number of Ugandans. Participation by artists in the performing arts is limited because of inadequate capacity. The available opportunities in capacity building are limited to apprenticeship and are within formal institutions, which are few. The training focuses on acquisition of skills in the art and seldom includes marketing and promotion of the art. In addition, capacity building is limited to modern performing arts. 2.2.3 Visual Arts and Handicrafts The visual arts and handicrafts include among others; basketry, mats, ceramics, beads, pottery, hand-woven textiles and products, toys, jewellery, bags and ornaments, leather products, batik, wood carvings and paintings. The raw materials used in the production of visual arts and crafts are readily available in the country. Visual arts and crafts are produced in almost all regions of the country with product differentiation based on culture and history. This has promoted the identities of the various communities and created avenues for income generation. Some of the challenges facing the visual arts and crafts are; inadequate quantities and poor quality of products due to limited capacity of producers and marketers. There is limited research about the products and the markets and the materials from which visual arts and handicrafts are derived are threatened by environmental degradation. 2.2.4 Indigenous Knowledge Indigenous knowledge (IK) is the traditional local knowledge existing within and developed around the specific conditions of a community indigenous to a particular geographical area. IK is diverse, accessible, affordable and acceptable to people. IK provides the basis for problem solving strategies for local communities especially the poor. IK is commonly used in agriculture, traditional medicine, health care, food preparation, education, natural resource management and a host of other activities in rural communities. IK is also characteristically relevant for women who use it to perform their traditional roles and responsibilities. | 15

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