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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

35,000 left homeless as private firms share Kiryandongo land

Published

5 years ago

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Helpless. Family members in front of their grass-thatched hut that faces demolition in Kiryandongo District last Wednesday. PHOTO BY BILL OKETCH 

More than 35,000 people from 20 villages are homeless after being evicted from about 9,300 acres of land in Kiryandongo District to pave way for large scale farming.
No one seemingly knows the exact year when the government allegedly gave the land to agricultural companies for large scale farming.
The government says the contentious territory was empty space and unoccupied public land but residents claim they hold it under customary ownership.
The resident district commissioner (RDC), Mr Peter Debele, said “encroachers took advantage of the empty space” to settle in the vast fertile ranches.
“They went there on their own without being allocated. So, government has come out and allocated the land for serious farming activities,” the RDC said last week.
Mr Debele added that the government also directed the developers to compensate those who were found on the land. However, he did not reveal how much money was paid out as compensation.
“I am not sure if we should call it compensation, but it was goodwill,” he said.
But the evicted residents claim President Museveni allowed them to settle on the land in 2012.
So far, Agilis Partners, a US company, Great Season, a firm owned by Sudan nationals, and Kiryandongo Sugar Limited have acquired the land under leasehold, Daily Monitor has established.
Agilis Partners is currently preparing the land to grow simsim (sesame), maize, sunflower, and soybean. Kiryandongo Sugar Limited is planting and producing sugar and Great Season is growing coffee.
Mr David Isingoma, 83, who has been evicted from Kisalanda Village in Mutunda Sub-county, said he has lived in the area all his entire life.
The father of 25, who owns cattle, among other properties on his 100-acre land, said the whole village has been fenced off and all villagers ordered to leave.
Ms Janet Akello and her family of nine said they have also lived in the area for the last 15 years.
“The land has all been dug out and we don’t have anywhere to plant our own crops for survival,” Ms Akello said.
“The situation here is worsening each and every day. …We have been blocked from accessing water sources and I have been told that my house is going to be graded any time,” she added.
Mr Joseph Walekula said area leaders have kept a deaf ear as residents are being evicted.
“Our rights are being violated to the extent that our women and children cannot even go and fetch water, there is no food; tractors have surrounded our homes and nobody is helping,” he said.

What residents say
The evictions commenced last year without consent from residents, according to human rights activists.
Residents and human rights activists said tractors are currently pulling down schools, churches, banana plantations and homes. They said the evictions, which are being carried out with the help of police, do not have any court order.
So far, 14 primary schools, 20 churches and eight private health units have been demolished by the company, according to residents.
However, Mr Wycliffe Birungi, a lawyer for Great Season, said they followed “the right procedures” in acquiring their two-square mile farmland.
“For us, we acquired land from people. The acquisition was done two years back and we have been already in business. It as a fully-pledged commercial farm venture but we have neighbours – there is a big farm called Agilis, there is also some other big farm,” he told Daily Monitor on phone yesterday.
Daily Monitor was unable to speak to officials from the two other companies.
Witness Radio, an NGO, noted that the negative consequences of Kiryandongo land giveaway include; “forced evictions, human rights violations, lost livelihoods, broken families, rising food insecurity and, ultimately, increased poverty.”
Mr Geoffrey Wokulira, executive director of Witness Radio, said that children caught up in the fracas are no longer going to school.
“Hundreds of young girls are engaged in early marriages because ideally they have no future and there is no responsibility these companies are showing,” he said.
Mr Wokulira said 19 people have been arrested by police in an attempt to weaken, intimidate and cause fear among the evicted residents.
But the RDC denied violation of human rights during eviction.
“People here are very quick in doing wrong and when we swing into action, they begin making wrong accusations,” he said.

What government says
Mr Debele also accused the residents of trying to attack security operatives because “they don’t want to move and yet there is a presidential order on that matter.”
He added: “So, you even find a situation where some of them, empty-handed or with pangas, they want to go and attack armed men who are officially on duty. What do you do with such a person?”
Mr Joseph Bakaleke Gwaido, the district police commander, described the allegations labelled against the police as an insult.
“….a question where somebody asked that the security organs engaged in the abuse of human rights of individuals is an insult. … This is the most difficult society I have served,” Mr Bakaleke said.
“Down there in the ranches, we have people who belong to all the ranches and they are being compensated,” he added.
Efforts to get a comment from State minister for Agriculture Aggrey Bagiire were fruitless as his known phone numbers were unavailable by press time.
Ms Judith Nabakooba, the minister of Information, Communication Technology and National Guidance, neither answered our repeated calls nor replied our text message to her mobile number.

Land challenges
The Land Act 1998 recognises four categories of land tenure systems, including customary, freehold, mailo and leasehold. It states that all Uganda citizens owning land under customary tenure may acquire a certificate of ownership in a manner prescribed by Parliament. Judicial officers have proposed that soldiers be barred from carrying out evictions in the country. They also recommend that the role of police should be limited to observing evictions in addition to keeping law and order during lawful evictions.

Original Source: Daily Monitor

 

Related posts:

Gross violation of rights as three private firms dispossess thousands in Kiryandongo district Another Coffee Company is disposing hundreds of native families in Kiryandongo Three land rights defenders detained over criminal trespass charges. Three land rights defenders illegally arrested and detained at Kiryandongo More than a dozen of community land rights defenders are facing persecution for resisting illegal land eviction in Kiryandongo district
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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: Buganda Road Court grants bail to 15 stop EACOP activists after 30 days in prison.

Published

2 weeks ago

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December 11, 2024

By

By Witness Radio team.

The Magistrate at Buganda Road Court has granted non-cash bail to 15 stop EACOP activists from Kyambogo and Makerere University Business School (MUBS) Universities. They spent 30 days in detention at Luzira Maximum Security Prison on charges of common nuisance.

After the defense lawyers successfully applied for bail, on 10th December, the trial magistrate, Her Worship Nankya Winnie, granted a non-cash bail of 500,000 Uganda Shillings (approximately 136.50 USD) for each activist and their sureties.

The hearing of the bail application for the EACOP activists flopped yesterday. It was adjourned after it was reported that the then-presiding magistrate, Her Worship Sanula Nambozo, had been transferred to another duty station and replaced by Her Worship Nankya Winnie.

The accused activists are all young students from the universities mentioned above. The students include Simon Peter Wafula, Gary Wettaka, Martin Sserwambala, Erick Ssekandi, Arafat Mawanda, Akram Katende, Dedo Sean Kevin, Noah Katiti, Oscar Nuwagaba, Oundo Hamphrance, Bernard Mutenyo, Nicholas Pele, Shadiah Nabukenya, Shafiq Kalyango, and Makose Mark.

They were arrested in early November 2024 for protesting the East African Crude Oil Pipeline (EACOP) project in Kampala, Uganda’s capital. The EACOP project, a major oil pipeline, has been controversial due to its potential environmental impact, including the risk of oil spills and deforestation, and the alleged human rights violations associated with its construction, such as forced evictions and land grabbing.

Despite the risks, the activists marched to Uganda’s Parliament to meet the Speaker and raise concerns about the EACOP project. The peaceful march reiterated numerous concerns raised by civil societies and the European Parliament about the project’s negative impacts.

The EACOP project, which will transport crude oil from Uganda’s Albertine region to Tanzania’s Tanga seaport, has been criticized for delayed compensation for affected persons and secretive agreements. The potential impact on the environment and human rights is a cause for concern.

On 11th November, the accused were charged with common nuisance. Section 160 (1) of the Penal Code Act states that anyone charged with common nuisance is liable to one-year imprisonment on conviction. This charge, frequently imposed against individuals peacefully protesting in Uganda, has notably been used against Stop EACOP activists. While common nuisance addresses acts causing inconvenience or disruption to the public, it is crucial to emphasize that the accused were engaged in peaceful protest, causing no harm or disturbance.

The prosecution alleges that on 11th November 2024, the accused gathered at Parliamentary Avenue, peacefully expressing their dissent and causing no harm. Yet, they were charged with common nuisance, which seems unjust given their peaceful protest. It’s important to note that their protest was non-violent and aimed at raising awareness about the potential negative impacts of the EACOP project.

The court has adjourned the case to 16th January 2025 for a hearing.

Related posts:

Buganda Road Court will hear a bail application for 15 EACOP activists today. Breaking: The Bail Application for the 15 EACOP Activists flops for the second time, as the trial magistrate is reported to have been transferred. A bail application for the 15 EACOP activists failed to take off, and they were remanded back to Prison. Breaking: 15 Anti-EACOP Activists have been charged with common nuisance and remanded to Luzira prison. Breaking: Mwanga II Court grants bail to two defenders and a Project Affected Person (PAP).1
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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: The Bail Application for the 15 EACOP Activists flops for the second time, as the trial magistrate is reported to have been transferred.

Published

2 weeks ago

on

December 10, 2024

By

By Witness Radio team.

A bail application for the 15 EACOP activists from Kyambogo and Makerere University Business School (MUBS) Universities currently on remand at Luzira Maximum Prison on charges of common nuisance has flopped for the second time due to the absence of the presiding magistrate.

The prosecution stated that the bail application could not proceed because the presiding magistrate, Her Worship Sanula Nambozo, had been transferred to another court. As a result, the case file was allocated to a new magistrate, Her Worship Nankya Winnie. She rescheduled to hear the bail application for today, October 10th, 2024, at 9 a.m. EAT.

The bail application for the 15 activists has faced yet another setback, marking the second failed attempt.

This delay in the bail application process means that these young students continue to be held in remand at Luzira Maximum Prison, a situation that is undoubtedly taking a toll on them. On November 16th, 2024, the bail hearing was disrupted due to the absence of two student activists, Wafula Simon and Kalyango Shafik. During that court session, the prosecution informed the court that both individuals were unwell, suffering from red eyes, and had been placed in isolation at the prison hospital.

The activists on remand, all young students, include Simon Peter Wafula, Gary Wettaka, Martin Sserwambala, Erick Ssekandi, Arafat Mawanda, Akram Katende, Dedo Sean Kevin, Noah Katiti, Oscar Nuwagaba, Oundo Hamphrance, Bernard Mutenyo, Nicholas Pele, Shadiah Nabukenya, Shafiq Kalyango, and Makose Mark.

The 15 were arrested in early November 2024 for protesting against the East African Crude Oil Pipeline (EACOP) project in Kampala, Uganda’s capital. The EACOP project, a major oil pipeline, has been a subject of controversy due to its potential environmental impact and the alleged human rights violations associated with its construction.

Despite the risks, the activists marched to Uganda’s Parliament to meet the Speaker of Parliament and raise concerns about the EACOP project. Their persistence in the face of adversity is truly inspiring.

The EACOP project, which will transport crude oil from Uganda’s Albertine region to Tanzania’s Tanga seaport, has been criticized for delayed compensation for affected persons and secretive agreements. The potential impact on the environment and human rights is a cause for concern.

On November 11th, the accused were charged with common nuisance. Section 160 (1) of the Penal Code Act states that anyone charged with common nuisance is liable to one-year imprisonment on conviction. The charge of common nuisance is often used in cases where individuals are accused of causing inconvenience or disruption to the public, but it is important to note that the accused were peacefully protesting and causing no harm.

The prosecution alleges that on November 11th, 2024, the accused gathered at Parliamentary Avenue, peacefully expressing their dissent and causing no harm. Yet, they were charged with common nuisance, a charge that seems unjust given their peaceful protest.

The third attempt for the bail application of the 15 activists has been rescheduled for hearing today at 9 a.m. EAT before Her Worship Nankya Winnie of the Buganda Road Court.

Related posts:

Buganda Road Court will hear a bail application for 15 EACOP activists today. A bail application for the 15 EACOP activists failed to take off, and they were remanded back to Prison. Breaking: 15 Anti-EACOP Activists have been charged with common nuisance and remanded to Luzira prison. Breaking: 15 Anti-EACOP Activists Arrested in Kampala While Marching to Parliament Breaking: Mwanga II Court grants bail to two defenders and a Project Affected Person (PAP).1
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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Buganda Road Court will hear a bail application for 15 EACOP activists today.

Published

2 weeks ago

on

December 9, 2024

By

By Witness Radio team.

A bail application for the 15 EACOP activists from Kyambogo and Makerere University Business School (MUBS) Universities currently on remand on charges of common nuisance will take off today.

On November 16, 2024, attempts to apply for bail for the 15 students flopped due to the absence of two activist students in court.

The prosecution informed the court that Wafula Simon and Kalyango Shafik were sick and suffering from red eyes. They were placed in an isolation room in the prison hospital, thus causing a setback to earlier bail application attempts.

The activists on remand, all young students, include Simon Peter Wafula, Gary Wettaka, Martin Sserwambala, Erick Ssekandi, Arafat Mawanda, Akram Katende, Dedo Sean Kevin, Noah Katiti, Oscar Nuwagaba, Oundo Hamphrance, Bernard Mutenyo, Nicholas Pele, Shadiah Nabukenya, Shafiq Kalyango, and Makose Mark.

They were arrested in early November 2024 for protesting against the East African Crude Oil Pipeline (EACOP) project in Kampala, Uganda’s capital. The activists, undeterred by the risks, were marching to Uganda’s Parliament to meet the Speaker of Parliament and raise concerns about the EACOP project, including the continued gross human rights violations/abuses, the significant threat it poses to the environment, and the criminalization of the mega project’s critics.

The EACOP project will transport crude oil from Uganda’s Albertine region to Tanzania’s Tanga seaport. The project has been criticized for delayed compensation for affected persons and secretive agreements.

On November 11, the accused were charged with common nuisance. Section 160 (1) of the Penal Code Act states that anyone charged with common nuisance is liable to one-year imprisonment on conviction.

The prosecution alleges that on November 11, 2024, the accused gathered at Parliamentary Avenue, peacefully expressing their dissent and causing no harm, yet they were charged with common nuisance. They were accused of causing disruption and inconvenience by holding an unauthorized demonstration on the road while displaying placards and banners opposing the oil pipeline.

The bail application for the 15 activists will be presented before Her Worship  Sanula Nambozo the Grade One Magistrate of Buganda Road Court.

Related posts:

Some of the 15 activists standing in the court dock.
A bail application for the 15 EACOP activists failed to take off, and they were remanded back to Prison. Breaking: 15 Anti-EACOP Activists have been charged with common nuisance and remanded to Luzira prison. Mubende Land Grab: Anxiety as court finally fixed a date to hear bail application for seven Formasa victims Mubende Land Grab: Judge declines to hear bail application, sends suspects back to prison Breaking: 15 Anti-EACOP Activists Arrested in Kampala While Marching to Parliament
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