Assessing the realization of trader tenants' rights : a case study in Kampala Central Business District

Abstract

The rights of trader tenants in Kampala business district are abused and neglected by relevant authorities. The main objective of the study was to contribute on the enhancement of the protection of the traders tenants’ rights in Kampala central business district in Uganda. This was done by: 1) highlighting the violation of traders tenants’ rights in Kampala central business district, 2) evaluating the effectiveness and implementation of the Landlord and Tenants Act (2022) in promoting and protection traders tenants’ rights; and 3) making suggestions on how to protect traders tenants’ rights in Kampala central business district. Using a qualitative case study design, data was collected and analyzed on three major rights of trader tenants i.e., the right to work; the right to livelihood, and the right to a clean and healthy environment. The methods used were i) Interviews; ii) Focus Group Discussions (FGDs); and iii) non-participant observation. The participants included: business owners, main renters, sub renters, street renters, corridor renters and door renters, and street vendors (“Kadeyideyi”). I interviewed building managers, URA officials, opinion leaders and KCCA authorities. Data was analyzed using qualitative thematization and Microsoft excel analyzer; this allowed the data to speak a natural language about trader’s rights. The findings indicate the traders tenants’ rights are violated through many ways include: a) arbitrary application of the KCCA laws and regulations, b) unfair rental and utility fees, c) charging rent in foreign currencies (i.e., US dollar), d) excessive air and noise pollution, e) poor skills of building managers, f) harassment KCCA enforcement agencies, g) poor drainage of buildings leading to floods and loss of merchandise, h) constant building closures, i) lack of sensitization on tenants’ rights, among others. The Landlord and Tenant Act (2022) was found to have some gaps regarding prioritization of human rights; it is also ineffectively enforced. Enforcement was found to favor landlords at the expense of the tenants; some officers complained about inadequate resources to execute their work. Other observations include: complaints over high petty crimes; perceived bias in KCCA courts; forceful evictions, loss of merchandise during COVID-19, among others. The study also found high lack of knowledge among the traders on the provisions of the law protecting their rights. The findings also indicate that KCCA enforcers lack neutrality during when dealing with traders rights; there is inherent bias and suspicious attitude towards traders. The study recommends ways of promoting and protecting traders tenants’ rights including: 1) sustained awareness rising campaign among the tenants of their right; 2) sensitization about provisions in the law (e.g., the Constitution, Landlord and Tenant Act) among KCCA and URA enforcers; 3) creation of traders human rights desk in Kampala CBD; 4) establishment of a platform for dialogue among traders, landlords and government officers; 5) availing of funds to enhance functionality of the police to avoid being compromised in executing their constitutional mandate; 6) training building owners and managers on human rights.