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A multi-billion project funded by AfDB and NDF is furthering poverty and food insecurity in Paten community targeted for a development project.

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By Witness Radio team

The Wadelai irrigation scheme project funded by the African Development Bank (AfDB) and Nordic Development Fund (NDF) has turned out to be a curse to the Paten community targeted to benefit from a development project as individual members of the local community for some time now spend their precious time pushing back forced land eviction and human rights violations perpetrated by the army and police force personnel brought to guard the project.

The Wadelai irrigation scheme, under the Farm Income Enhancement and Forest Conservation Programme –Phase 2 (FIEFOC-2Project) is financed with an African Development Bank (ADB) loan of USD 76.70 million. The Project is co-financed by the Nordic Development Fund with a grant of Euro 5.00 million, and the Government of Uganda’s counterpart contribution of USD 9.13 million. The overall cost of this project is USD 91.43 million (341,576,079,900.00 Ugandan Shillings), approved in January 2016.

According to documents on the African Development Bank’s website, the Wadelai Irrigation Scheme covers a total area of about 1365 hectares (ha) including the proposed extension area of Paten. The original design of the Wadelai Irrigation Scheme included a portion of the command area of 365 hectares which, was owned by Ragem Prison (government facility). During the Mid-Term Review and upon the request of the Paten Community through their district head, the Executing Agency (Ministry of Water and Environment) proposed to substitute the same land area (365 ha) with Paten community land which the Bank agreed to.

The project objective is to improve household incomes, food security, and climate resilience through sustainable natural resources management and agricultural enterprise development. However, residents have expressed concerns that it is pushing them further into a state of extreme poverty.

To the contrary, the “development project” is being fought by locals to save their land which is the source of their livelihood.

The fight to defend Paten’s land rights from being grabbed by Wadelai irrigation scheme project has been marked by courage, and those who have stood against the project have endured violence orchestrated by project implementers.

The Paten Clan, an integral part of the Shilluk Luo tribe, traces its roots to a migration that took place between the 14th and 16th centuries from South Sudan. Initially, they found their first settlement in the Acholi region. However, their journey continued as they crossed both the Omee River and the formidable River Nile, eventually arriving at their current homeland, which they aptly named Paten.

The heart of Paten’s identity is in its language, as the inhabitants predominantly speak Jonam. Their way of life is deeply intertwined with their environment, primarily revolving around fishing and farming as their main sources of livelihood.

This resilient clan is composed of  seven (7) villages namely Adiri, Paten Upper and Lower, Paten Central, Borowio, Oborowio central and Paten Ocayo, each contributing to the rich tapestry of Paten’s culture and heritage. Located within the Pakwach district, Paten enjoys a picturesque setting on the western bank of the majestic River Nile. The clan’s geographical boundaries are defined by the Oraa River to the north, Madi Ayabu to the east, the Ocayo Clan to the west, and the Kaal Ragem chiefdom to the south. In this lush and historically significant region, the Paten Clan has thrived for generations, nurturing its traditions and cherishing its ancestral lands.

This community is known for its unique traditional mud and thatch homes, which serve as a proud representation of their rich cultural heritage. These dwellings, showcasing local craftsmanship, seamlessly integrate with the environment, underscoring the clan’s dedication to preserving their ancestral traditions.

The Clan accuses financiers and government of Uganda for forcibly taking their land through violent means. According to them, the government has been expanding the Wadelai Irrigation Scheme in the sub-county since 2020 and in the process, they allege that their land is being seized without compensation or being offered alternative settlements.

At least 16 Paten clan members fell victim to violence when they were shot and wounded. These grievous injuries were inflicted on them by soldiers from the Uganda Police and Uganda People’s Defense Forces (UPDF) who had been deployed by the Resident District Commissioner, district chairperson, and Chief Administrative Officer of the Pakwach district local government.

One of the victims, whose identity remains confidential due to concerns about potential retaliation, recounted to Witness Radio Uganda that on “August 9th, 2021, UPDF and police officers, under the command of Resident District Commissioner (RDC) Sunday Eseru, arrived on their land with a team of people from the Pakwach district. They began surveying and clearing communities’ land without prior notification. In response, the following morning on 10th August 2021, “we went to the site to plant trees, demonstrating our commitment to utilizing our land. The heavily guarded RDC, returned and got us planting trees in our land. We explained that this is our land, which was being forcibly taken from us without compensation. The RDC then ordered his soldiers to take action against us for interfering with their project. This marked the beginning of the confrontation.” A victim revealed.

According to eye-witnesses, about 20 community members were shot at using rubber bullets and wounded by security personnel.

“As if the shooting was not enough, victims were denied medical treatment at a government hospital in Pakwach district. Police refused to give us a medical check-up form known as police form three (3) to be used while diagnosing victims of violence. Sadly, area police refused to register our case when we went to report the attack” one of the victims said.

On August 11th, 2021, another distressing incident occurred when four women, one of whom was pregnant, were severely beaten and forced to sleep in dirty and stagnant water because they attempted to access their land to fetch water.

Adding to the already troubling circumstances, on August 16th, 2021, two clan members who also served as civil servants within the Pakwach district local government faced dire consequences when they were interdicted from their position.

Residents continue to live in fear as their land remains heavily guarded by government officers, severely limiting their access to and use of their own land.

The Resident District Commissioner (RDC) of Pakwach, Mr. Sunday Eseru maintains that the issue was resolved three months ago when representatives from the African Development Bank and the Ministry of Water and Environment visited. According to the commissioner, during this visit, the concerned parties were taken to Gulu, where they engaged in discussions and negotiations.

Furthermore, a Cooperation Agreement was signed to formalize the agreed-upon terms and conditions. The commissioner asserts that, to date, no formal complaints or disputes have been raised regarding the project.

“Every project affected person was compensated, and if there is anybody who hasn’t compensated, they will be compensated because there is nobody that government can’t compensate.” The commissioner said during an interview with Witness Radio on August 27, 2023.

Efforts to contact the African Development Bank for confirmation of the RDC’s statements proved to be challenging.

Members of the Paten Clan however maintain that they have not received any compensation and argue that the government has imposed the project on their land through coercive methods.

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Witness Radio petitions chief prosecutor: Want 34 community land rights defenders and activists released from prison.

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By Witness Radio team.

In the Hoima District, Western Uganda, an urgent and immediate action is crucial to halt an ongoing land grab. The work of community land rights defenders, activists, and local leaders has unfortunately been criminalized, with thirty-four (34) people from Rwobunyonyi, Kirindasojo, and Kihohoro villages falsely accused and sent to different prisons in the Hoima district.

Criminal files No. CRB 330-2022 has Busobozi Patrick, Kaija Phillip Osborn, Mbabazi Isaya, Wembabazi Denis, Tumusiime David, and Abitegeka David charged with aggravated robbery, while the CRB 84-2023 file has Magezi Lawrence, Kaahwa Nelson Komugisa Junior, Mugenyi Vincent, and others on murder charges. The files have been established to gang the work of community defenders and activists.

According to sections 189 and 286 (2) of the Penal Code Act cap 120, both offenses carry the death penalty upon conviction.

As observed above, community land rights defenders, activists, and local leaders have been targeted since 2022. The number of targeted defenders keeps on growing. Sadly, those who have been remanded to prison are still waiting for their cases to be tried, which is tantamount to judicial harassment and persecution.

Witness Radio findings indicate that one Fred Kato Mugumba allegedly orchestrated the land grab. He is backed by officials from Hoima police, Hoima district Office of Director of Public Prosecution (ODPP), and judicial staff. Mugambe and his accomplices aim to evict over 500 small-scale farming families from their ancestral land.

If the land grab is successful, the community will suffer a devastating loss of 800 hectares of land used for food cultivation. This loss will lead to children dropping out of school, families breaking apart due to lack of resources, and a significant increase in food insecurity, hunger, poverty, and illiteracy levels in Uganda.

The affected communities have a deep-rooted connection to the land, having lived on it for over 50 years without disruption. The ongoing persecution by Mugamba and his agents is, therefore, particularly shocking and unjust.

The same land almost ended the life of Junior Lands Minister Sam Mayanja, who was targeted with gunshots when he visited the contested land on August 24, 2023, to protect land grab victims. The current situation highlights the urgent need for intervention from a powerful office.

Witness Radio has, among other interventions, petitioned the Director of Public Prosecutions (ODPP) and urged the Chief Prosecutor’s office to call the file from Hoima High Court.

The office of the DPP is a constitutional body mandated to direct police to investigate any information of a criminal nature, institute criminal proceedings against any person or authority in any court other than a court-martial, take over and continue any criminal proceedings instituted by any person or authority, and discontinue at any stage before judgment any criminal proceedings.

Uganda is experiencing an influx of land-based investments, which have fueled land-grabbing tendencies and criminalization of community land rights and environmental defenders and activists’ work.

In the petition, Witness Radio alleges that Fred Kato Mugamba fabricated these charges in collusion with John Angwadya, a former local council member and chairperson of one of the targeted villages, Rwabunyonyi, as part of a strategy to facilitate the unlawful eviction of the community from their land.

“It is deeply concerning that the accused remain in protracted detention despite the constitutional guarantee of a fair and speedy trial and right to liberty. This is a clear violation of defenders’ fundamental rights and raises serious concerns about the criminal justice system’s integrity in this matter. The prolonged delay in their trial and the apparent ulterior motive behind the charges necessitate immediate intervention to prevent the miscarriage of justice,” the petition reads in part.

Despite multiple attempts by the community to engage various stakeholders, including Hoima’s district leadership, the Hoima District Police, the State House Land Protection Unit, and the State Minister for Lands, Dr. Sam Mayanja, their efforts have been futile. Instead of finding justice, those who resist are met with criminal charges and continued evictions, leaving many families landless and helpless.

“The efforts of our clients and community individuals engaging the different offices are viewed as a threat to the evictors, hence fabricating different charges against the accused persons to pave the way for the land grabbers to occupy the land in the absence of the accused persons. It is evident that the pending charges of murder and aggravated robbery are being made as a tool to harass and deprive our clients and family members,” the petition further reads.

In the petition to the Director of Public Prosecutions (DPP), Witness Radio has called for an urgent review of the circumstances surrounding the arrests and prosecutions of the accused. Witness Radio is requesting the issuance of a Nolle Prosequi to quash the charges and the immediate release of the prisoners.

The organization also demands that the case be expedited to prevent further unwarranted deprivation of liberty and calls for an independent investigation into any potential abuses within the criminal justice system.

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The joint final review of the National Land Policy 2013, a significant and collaborative effort between the government and Civil society organizations, is underway.

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By Witness Radio team.

Under the leadership of the Ministry of Lands, Housing, and Urban Development (MLHUD), and in partnership with Civil Society Organizations (CSOs) led by Participatory Ecological Land Use Management (PELUM), a crucial final review of the National Land Policy (NLP) 2013 is taking place in Kampala.

The Consultative event is a unique and empowering opportunity for all land actors to actively contribute to shaping Uganda’s land governance framework. It seeks to engage CSOs in shaping reforms in the much-awaited National Land Policy, addressing pressing land-related concerns such as land grabbing, promoting equity in land access, and enhancing strategies for sustainable land management.

The land ministry is expected to present a revised 2024 draft of the basis for discussion and obtaining valuable input from land actors and PELUM Uganda members to boost the policy framework.

Uganda first adopted the National Land Policy in 2013 to ensure the efficient, equitable, and optimal utilization of land and land-based resources for national development. Grounded in principles drawn from the 1995 Constitution and other macro-policy frameworks such as Uganda Vision 2040 and the National Development Plan (NDP), the NLP has served as a comprehensive guideline for Uganda’s land ownership and management.

With a decade of implementation behind it, the Ministry of Lands, Housing, and Urban Development is now reviewing the policy to integrate emerging trends and challenges. This review is crucial as it will ensure the policy’s relevance in the evolving land governance landscape, directly impacting your daily lives. The consultation process underscores the government’s unwavering commitment to inclusive decision-making by involving civil society and key stakeholders in policy formulation, ensuring everyone’s voice is heard and valued.

The event will be broadcast live on Witness Radio. To listen live, download the Witness Radio App from the Play Store or visit our website, www.witnessradio.org.

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Businesses, banks and activists resist EC plans to strip back human rights legislation

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Today the European Commission introduced their ‘Omnibus simplification package’ to amend key laws of the EU Green Deal, including CSDDD, CSRD and Taxonomy. The package proposes significant changes, including the removal of civil liability provisions in the CSDDD and removing 80% of companies from scope in the CSRD.

The earlier announcement from the European Commission as well as the leaked draft to reform recently-agreed EU laws such as the CSDDD has already come under attack from businesses, expertsinvestors and activists alike.

The UN Global Compact and companies including Unilever, Vattenfall and Nestlé have also expressed their concern. Nestlé Europe’s Bart Vandewaetere said that it had “been reporting on [environmental impact and human rights issues in the supply chain] ourselves for years. European regulations mean that more companies have to start doing that. That creates a level playing field and we welcome that.”

Former president of Ireland Mary Robinson added: “Von der Leyen’s new Commission’s attempt to eviscerate these sustainability laws must not be agreed by the European Parliament and by the member states.”

The European Banking Federation warned that weakening the CSRD could create challenges for banks, echoing concerns from more than 160 investors who cautioned that the Omnibus package could harm investment and increase legal uncertainty.

CSOs such as the European Coalition for Corporate Justice (ECCJ)WWF and the Clean Clothes Campaign have also sharply criticised the proposal. The ECCJ writes the proposal is “not simplification, but full-scale deregulation designed to dismantle corporate accountability”.

Workers’ organisations and trade unions from garment-producing countries across Asia, Europe and Latin America also opposed the ‘Omnibus’ this week, highlighting the risk the proposal will “exclude most supply chain workers” including 49 million home workers.

Source: Business & Human Rights Resource Centre

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