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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

35,000 left homeless as private firms share Kiryandongo land

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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

 

DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Statement: The Energy Sector Strategy 2024–2028 Must Mark the End of the EBRD’s Support to Fossil Fuels

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The European Bank for Reconstruction and Development (EBRD) is due to publish a new Energy Sector Strategy before the end of 2023. A total of 130 civil society organizations from over 40 countries have released a statement calling on the EBRD to end finance for all fossil fuels, including gas.

From 2018 to 2021, the EBRD invested EUR 2.9 billion in the fossil energy sector, with the majority of this support going to gas. This makes it the third biggest funder of fossil fuels among all multilateral development banks, behind the World Bank Group and the Islamic Development Bank.

The EBRD has already excluded coal and upstream oil and gas fields from its financing. The draft Energy Sector Strategy further excludes oil transportation and oil-fired electricity generation. However, the draft strategy would continue to allow some investment in new fossil gas pipelines and other transportation infrastructure, as well as gas power generation and heating.

In the statement, the civil society organizations point out that any new support to gas risks locking in outdated energy infrastructure in places that need investments in clean energy the most. At the same time, they highlight, ending support to fossil gas is necessary, not only for climate security, but also for ensuring energy security, since continued investment in gas exposes countries of operation to high and volatile energy prices that can have a severe impact on their ability to reach development targets. Moreover, they underscore that supporting new gas transportation infrastructure is not a solution to the current energy crisis, given that new infrastructure would not come online for several years, well after the crisis has passed.

The signatories of the statement call on the EBRD to amend the Energy Sector Strategy to

  • fully exclude new investments in midstream and downstream gas projects;
  • avoid loopholes involving the use of unproven or uneconomic technologies, as well as aspirational but meaningless mitigation measures such as “CCS-readiness”; and
  • strengthen the requirements for financial intermediaries where the intended nature of the sub-transactions is not known to exclude fossil fuel finance across the entire value chain.

Source: iisd.org

Download the statement: https://www.iisd.org/system/files/2023-09/ngo-statement-on-energy-sector-strategy-2024-2028.pdf

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Uganda: Judicial harassment of environmental and human rights activist Desire Nkurunziza

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UGA 001 / 0923 / OBS 037
Arbitrary detention /
Release /
Judicial harassment
Uganda
September 5, 2023The Observatory for the Protection of Human Rights Defenders, a partnership of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), requests your urgent intervention in the following situation in Uganda.

Description of the situation:The Observatory has been informed of the arrest and subsequent release of Desire Nkurunziza, an environmental and human rights activist and the elected leader of Nyairongo village, Kikuube district, mid-western region of Uganda. As a member of the Save the Bugoma Forest Campaign (SBFC) community task force, Mr Nkurunziza has been calling out the local and central government authorities about the deforestation of the Bugoma Central Forest Reserve, which has been leased to the Hoima Sugar Limited company, mainly for sugarcane cultivation, by the Bunyoro Kitara Kingdom, South-West region of Uganda. This project is not only affecting the biodiversity of the forest but also the local community, which has been subjected to extortion by land grabbers associated to Hoima Sugar Limited and/or its agents.

On July 16, 2023, two cars came to Desire Nkurunziza’s home in Nyairongo trading center, one of them belonging to a supervisor of Hoima Sugar Ltd and the other to an associate of the Kikuube Resident District Commissioner, both known by Mr Nkurunziza. The two men informed him that two of his village members were arrested in the forest, now a sugar cane plantation, and he agreed to go with them to help his constituents. Upon reaching the plantation, he was handed over to armed Hoima Sugar Ltd personnel, who started beating him and then recorded a video accusing him of illegally cutting down sugar cane. He was then taken to the Kikuube police station by the same Hoima Sugar Ltd car, where he was arrested on the grounds of “incitement of violence” and “criminal trespass” under Section 51 and 302 of the Penal Code Act, respectively, and detained there by the police for two days. He requested temporary release from police bond – custody -, but his request was denied.

On July 18, 2023, he applied for Court bail, which was denied even though he fulfilled all the requirements set by the Court and no reason was provided. He was then remanded to Kiryatete prison.

After reporting back to court on July 24, Desire Nkurunziza was released on Court bail. He had to pay a cash bail of 300,000 Ugandan shillings (approximately 74 Euros) in addition to satisfying all the conditions for release, with the obligation to report back on August 31, 2023, to the Chief Magistrates Court of Hoima, which is handling the matter. During his audience, the magistrate informed him that he would need to report back once again to the Court on November 2, 2023, without providing any reasons.

The Observatory recalls that the Bugoma Forest is the second biggest natural forest reserve in Uganda. In recent years, it has been claimed by the Bunyoro Kitara Kingdom, Western Uganda, which obtained a land title through irregular ways before it leased it to sugar manufacturer Hoima Sugar Limited for sugarcane cultivation, to establish an urban centre, develop eco-tourism, and restore a portion of the forest reserve. Before leasing the land to Hoima Sugar Limited, an environmental and social impact assessment (ESIA) certificate was issued by the National Environment Management Authority, in circumstances that have been contested by the Africa Institute for Energy Governance (AFIEGO) in courts of Law. The contestation is based on the allegations that the assessment was made without consulting the local community, even though this issue clearly concerns them. A trial which aims to annul the ESIA certificate is ongoing in front of the Court of appeal.

The Observatory further recalls that this is not the first time that defenders of the Bugoma Forest are targetted for their legitimate human rights activities. In September 2020, nine environmental rights defenders were arbitrarily arrested for defending the Bugoma Forest, including Venex Watebawa and Joshua Mutale, respectively team leader and Head of Programmes of Water and Environment Media Network (WEMNET), who were first arrested on their way to a radio talk show to discuss the dangers of sugar cane cultivation in the Bugoma Forest and call on peaceful protests, as well as Sandra Atusinguza, member of AFIEGO who went to the police station to negotiate their release and got arrested herself. These various acts of harassment against environmental and human rights defenders, in addition to the numerous arrests of local residents defending their right to access their own land, show the will of the local and national governments to intimidate and silence them.

The Observatory strongly condemns the arbitrary arrest and judicial harassment of Desire Nkurunziza, as well as the other above mentioned human rights defenders, which seem to be only aimed at punishing them for their legitimate human rights activities.

Source: fidh.org

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Uganda: Targeting community land and environmental defenders with criminal offenses is rising as two community land rights defenders arrested in a hotspot district of forced land evictions.

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By Witness Radio team

As land and environmental rights defenders strive to better their areas, they continue to bear the brunt of defending communities’ land rights from negative impacts brought by the development projects.

In Kiryandongo District, multinationals have increasingly chosen to adopt a strategy of criminalizing activities of community defenders who are working tirelessly to protect communities’ farming fields.

This criminalization method has captured area police units and use it to cause arbitrary arrest and detention, and prefer various offenses against community land and environmental defenders. Commonly used charges include criminal trespassing on a piece of land communities have cultivated for generations and causing damage to their own property. These actions have weakened the activism charisma of defenders and deter them from continuing with pushing back against illegal and forced land evictions. These tactics do not only undermine the legitimate work of community land and environmental rights defenders but also create an environment of fear and intimidation among those who dare to resist land grabbing and environmental degradation.

On the 22nd of August 2023, two community land rights defenders were rounded up for the seventh time in a period of two (2) years by police officers attached to Kiryandongo district police, and three workers from Great Seasons SMC Limited company Limited arbitrarily arrested and dumped in the Kiryandongo district police cells.

The defenders Barumangabo Sepriano and Ramu Ndahimana rounded -up and arbitrarily arrested from their farming fields preparing for the upcoming planting season, handicapped, and subsequently taken away.

“In the early morning hours, we were suddenly confronted by a group of armed people comprised of Kiryandongo district police personnel and individuals representing the company. Swiftly and forcefully, we were pushed into a white land cruiser bearing the registration number UBF 417C, which was later identified as the property of the evictors. Initially, the captors asserted that one of the grounds for our apprehension was our alleged trespassing on the company’s land.

However, upon arrival at the police station, the officers altered their claims and stated that we had supposedly posed threats to the company’s workers, a charge we vehemently denied. Shortly after a short period of time, another accusation of malicious damage was leveled against us. Astonishingly, we were informed that we were being held accountable for purportedly setting a structure ablaze.” One of the defenders narrated when visited by Witness Radio team at police.

The two defenders are among a group of community land and environmental rights defenders who have been on the forefront advocating for land, social and economic justice of communities in Kiryandongo district whose land is targeted for large-scale farming by multinationals.

Great Seasons SMC Limited, planting coffee on a large scale, is one of the multinational companies in the Kiryandongo district that have violently deprived communities of their rights to own land, and homes, demolished community schools, cut down food crops owned community members/families, destroyed water sources, and privately-owned health centers.

Over 35000 residents have lost their family lands after violent and forceful land evictions to pave the way for industrial agriculture. In addition to the Great Seasons SMC Limited, there are other multinationals implicated in land-grabbing activities, such as Kiryandongo Sugar Limited, Agilis Partners Limited, and Somdiam Limited.

Kiryandongo district police has preferred threatening violence, criminal trespass and malicious damage to property charges against the two (2) defenders.

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