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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

A land grab case against Agilis Ranch 20 and 21 Limited kicks off next week.

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Some of the evictions performed by Agilis Company in Kiryandongo District.

By Witness Radio Team

A human rights enforcement suit filed against Agilis Ranch 20 and 21, a subsidiary of Agilis Partners Limited, is set to take off on the 20th of April 2022 at the High Court in Masindi. Agilis Ranch 20 and 21 Limited is part of a group of multinationals grabbing land in the Kiryandongo district for large scale commercial farming.,

In 2021, hundreds of families affected by Agilis’s violent land grab ran to court seeking its intervention to block the ongoing illegal evictions by the company. Through their lawyers, Messrs. Kiiza and Mugisha advocates, the communities demand compensation for damages for the human rights violations by the company and its agents.

Hon. Mr. Justice Byaruhanga Jessie, the Resident Judge at the Masindi High Court, fixed 20th April 2022 for the hearing of High Court Miscellaneous Cause No.  11 of 2020 of Joseph Mangfu and 11 others vs. Agilis Partners.

Agilis is one of the three multinational companies that have been implicated in the land grabbing scandal which has rendered thousands of smallholder farmers homeless in the Kiryandongo district. The others are Kiryandongo Sugar Company and Great Seasons SMC limited.

The company is owned by American twin brothers, Philipp Prinz and Benjamin Prinz. It owns Joseph Initiative, a beneficiary of the UK’s Department for International Development (DFID) financial support and Common Fund for Commodities (CFC) based in the Netherlands, and supplies food to United Nations’ World Food Program. The company deals in large-scale plantations of grains and oilseed. At the height of the evictions, the company received the 2019 United States Secretary of State’s Award for Corporate Excellence in Sustainable Operations (ACE), something that did not go well with the victim of its land grab.

Since 2017, Over 2500 residents have been evicted by the company on more than 2000 hectares. The victims claim they were violently, forcefully, and illegally evicted off their land without any compensation or resettlement.

Homes were burnt, crops were destroyed and women were raped during the evictions. And many members of the local community have been rendered homeless.

“We sought the court’s attention to intervene since we have suffered a lot. We have lost our gardens, we lost schools and our children have since dropped out of school. We are arrested, beaten, and charged for our resistance to vacate our land, we want all this to end and regain back our land.” Said, Sam Kusiima, a community land rights defender.

He added that as a community, they are excited to hear about a hearing date of the case with high hopes that violence is going to stop.

A 45-year-old Namala Zedekiah is one of the community members that have recently tested the wrath. Mr. Namala told Witness Radio that his cows were stolen at gunpoint by the company workers and later demanded a ransom of one Million Ugandan Shillings for their return. “My cows were found grazing before were forcefully taken. They demanded two million to return them.”

During the lockdown, gross human rights violations/abuses were meted out against the community. These include; torture, kidnaps, arbitrary arrest and detention, and fly-grazing, and recently the company has rented out land that was grabbed from poor communities to rich people to further the eviction.

The overwhelming violence continues despite the court’s schedule for hearing the company’s gross abuses. Despite this, the community is not willing to give up on their land. “We don’t want their money; we want our land. We went to court to get justice.” One of the aggrieved smallholder farmers told Witness Radio.

The hearing of the case is scheduled to start at 10am local time.

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Another group of eleven environmental activists have been charged with common nuisance and remanded to Luzira Prison for opposing the EACOP project.

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By Witness Radio team.

Despite the risks, these eleven environmental activists, unwavering in their opposition to the EACOP project, were accused of holding an illegal assembly. Their arrest on the 26th/02/2025, while attempting to deliver a petition to the European Union Delegation to Uganda offices in Uganda’s capital, Kampala, is a testament to their remarkable courage and commitment.

Clad in orange T-shirts emblazoned with the words “No to Oil,” these activists, chanting “Stop EACOP,” peacefully sought to engage the European Union. Their peaceful approach and their plea to the EU to use its influence, mainly through its member state, France, to engage TotalEnergies to abandon their involvement in the EACOP project, is a testament to their commitment to a nonviolent resolution.

The EACOP project has been widely criticized for its potential to cause significant environmental damage. The heated pipeline, stretching 1,445 kilometers from Hoima, Uganda, to the port of Tanga in Tanzania, could devastate sensitive ecosystems, threaten endangered wildlife, severely impact water resources, and increase greenhouse gas emissions. Moreover, it could displace local communities and cause social disruption along the pipeline route, making it a highly controversial project with substantial environmental risks.

The EACOP project, also known as the East African Crude Oil Pipeline, will transport oil from Hoima, Uganda, to the port of Tanga in Tanzania. Other shareholders include the state-owned China National Offshore Oil Corporation (CNOOC) and the governments of Uganda and Tanzania. The project has been a subject of controversy due to its potential environmental and social impact.

Shafic Kalyong, Joseph Ssengozi, Namuddu Rahima, Gilbert Nayebare, Arafat Mawanda, Hillary Mangeni, Brilliant James Mufere, Desire Ndyamwesiga, and Keisha Ali, among others,

were arraigned before the Buganda Road Chief Magistrate’s Court, charged them with common nuisance, and remanded them to Luzira Prison.

Section 160 of the Penal Code states that a person convicted of common nuisance faces a one-year imprisonment.

The eleven were arrested a few days after environmental campaigners demanded that the Uganda Police cease detaining and criminalizing nonviolent protestors. This demand followed the continuous adjournment of cases involving EACOP protesters, causing delays and exhausting their resources. In their press conference, the activists stated that police should not arrest them, as the Court often lacks sufficient evidence to try them, leading to unnecessary delays.

The activists will return to the Court from remand on the 6th of March 2025. This court appearance is significant as it will determine the next course of action in their legal battle against the charges of common nuisance.

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

EACOP: The trial of 20 environmental activists failed to take off, and now they want the case dismissed for lack of prosecution.

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By Witness Radio Team.

The hearing of a case against 20 anti-EACOP protesters has failed to take off for the third time due to the absence of the trial magistrate. According to Buganda Road Chief Magistrate Court, Her Worship Jalia Basajjabalaba was on official leave, and the case was adjourned to April 7, 2025.

The same trial, which was set for January, was stalled when the prosecution team failed to appear in court.

On August 27, 2024, the 20 activists, including Pitua Robert, Okwai Stephen, Kothurach Margret, Omirambe Moses, Owonda Rogers, Alimange Joseph, and Wabiyona Wicklyf, among others, were charged by the Buganda Road Magistrate Court with common nuisance.

These activists were arrested on August 26, 2024, while peacefully marching to the Ministry of Energy to deliver a petition opposing EACOP and other oil projects. The activists demanded justice, the upholding of their rights, and a halt to the oil industry’s violations of human rights and the environment.

The prosecution alleges that the accused marched through Kampala’s streets carrying placards and banners, causing annoyance, obstruction, or inconvenience to the public.

Section 160 of the Penal Code states that a person convicted of common nuisance faces a one-year imprisonment.

In their press conference held on Thursday, February 20, the accused activists demanded that the judiciary should stop delaying hearings of their case related to the East African Crude Oil Pipeline (EACOP) project and called for the dismissal of their case if the court lacks sufficient evidence to prosecute them.

Despite the repeated delays, the activists remain resolute, viewing the postponements as a form of judicial harassment. They stand firm in their demand for a fair and expedited trial, emphasizing the importance of upholding human rights in the judicial process.

“The courts of law should not be used as tools of oppression. They should not waste any time. If we have a case to answer, let them prosecute us on April 7, which they have scheduled. If they fail again, they should dismiss the case instead of wasting our time and resources,” Barigye emphasized.

The activists stress that these delays not only cause emotional distress but also impose a significant financial burden. Many of them, hailing from rural areas, have to raise funds for transportation to attend court sessions in Kampala, only to be disappointed by repeated adjournments.

“These continuous adjournments have cost us a lot. Many activists live in rural areas and have to raise money for transport, only to be present in court, but are often grieved when the cases are adjourned again and again,” said Bob Barigye, one of the accused, in an interview with Witness Radio.

The Buganda Road Magistrates Court was expected to begin hearing prosecution witnesses against the activists on February 18. However, the session was adjourned to April 7.

The activists also voice their strong condemnation of the police’s unlawful arrests of demonstrators exercising their constitutional rights. They call for an immediate halt to these actions, asserting that such detentions do not address the real concerns of the communities affected by oil and gas projects.

“We strongly condemn these arrests. Detaining demonstrators does not address the concerns affecting grassroots communities that oil and gas projects impact. We also warn individual police officers involved in these rights violations to perform their duties professionally, or they will be held personally accountable,” the activists stated.

The demands come amidst a deteriorating human rights situation in Uganda, where civic space is shrinking, and opponents of the EACOP project face increasing repression. Defending communities and the environment from the negative impacts of oil projects have effectively been criminalized. Community land and environment defenders and communities continue to face arbitrary arrests, detentions, and excessive delays in court proceedings.

The East African Crude Oil Pipeline (EACOP) is a 1,443-kilometer heated pipeline transporting crude oil from Hoima, Uganda, to Tanga, Tanzania. The first 296 kilometers run through Uganda, while the remaining 1,147 kilometers pass through Tanzania. The project is a joint venture between TotalEnergies, the Uganda National Oil Company (UNOC), the Tanzania Petroleum Development Corporation (TPDC), and the China National Offshore Oil Corporation (CNOOC).

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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.

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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.

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