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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Advocates criticize AfDB for excluding CSOs and communities from participating in the Bank’s policy review process.

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Photo Credit: Coalition for Human Rights in Development.

Some of the activists staging a demo in Accra, Ghana

By Witness Radio Team

Witness Radio Uganda joins other civil society organizations across Africa and beyond to criticize the bank’s decision to exclude CSOs and communities from participating in the recently concluded African Development Bank (AfDB) 2022 annual meeting in Accra. The groups also called upon the bank to stop funding projects that exacerbate climate change and human rights violations. When member states signed an agreement on August 14, 1963, that consequently led to the establishment of the Bank, many touted it as one of the long-lasting solutions to African problems, however, that hope has dwindled.

The annual meetings held from the 23rd to 27th of May in Accra, Ghana presented an opportunity for the Bank to redeem itself from sustainable development mediocrity, and convince and commit to the world that it was willing to be metamorphosized from a sustainable development jester into a people-centered bank, instead, the AfDB opted to bury its head in the sand.

Key on its agenda; is the role the bank can play in the just energy transition and achieving climate resilience in Africa. However, communities most affected by climate change, and civil society groups supporting them were excluded. It was restricted to a clique of Governors, Senators, Bank Colleagues, investors, presidents, and other cherry-picked participants that were invited to discuss pressing issues affecting mankind.

As expected, the pertinent issues affecting the poor African communities, including those resulting from the adverse impacts of projects financed by AfDB, that is, the disintegration of families, lost livelihoods, and the continued affront to dignity was sacrificed at the altar of painting a Rosy picture about the Banks “gains and projections.”

In Uganda, the downtrodden have paid the biggest price for AfDB’s irresponsible banking. The Paten clan in the Pakwach district has experienced and continues to experience gross human rights violations arising from the Wadelai irrigation scheme implementation funded by the AfDB.

According to the communities, the project forcefully acquired more land for the Wadelai Irrigation Scheme project under The Farm Income Enhancement and Forestry Conservation Project-Phase 2 (FIEFOC-2). This was contrary to the earlier understanding with the community that the project would utilize 365 acres which the community had freely offered for the project. Instead, 365 hectares were forcefully acquired.

Information obtained from the Coalition for Development’s website and published on August 10, 2021, indicates, that sixteen members of the Paten Clan, a community in Pakwach District in northern Uganda, were shot at and wounded by local police and army officers for opposing the Wadelai irrigation project implementation.

“…Staff of the construction company in charge of implementing the project, together with representatives of the local authorities and the police, forcefully entered the community. When communities questioned and protested against the trespass, the local police and members of the Uganda People’s Defence Force (UPDF) started firing bullets and teargas to disperse them. 16 community members were injured.

After the shooting, the police refused to hand them the forms for documenting the injuries suffered, meaning they were unable to easily access healthcare in government health centers. The day after, UPDF officers arrested and beat up four women, including one pregnant woman, while they were on their way to fetch water…, according to victims.

A community in Kiyindi, Buikwe district was also evicted by the African Development Bank’s water project that allegedly aimed at benefiting them and given little compensation in 2020.

The area Councilor, Mr. Amir Kiggundu says the community now grapples with cases of hunger and poverty. “The government said we would benefit a lot if we accepted the project but people were paid as little as 2 million Uganda Shillings (Approximately 540 US Dollars) for their land. This was little money that could not afford to relocate them and buy the land elsewhere in Uganda. As a result, these people are now renting and work hand to mouth. Their children have since dropped out of school” the area Councilor said in an interview with Witness Radio.

Listed as one of the Development Bank’s principles, it has fallen short of inclusivity and participation of all stakeholders during the review process of the bank’s policies.

“Transparency and participation are among the greatest shortcomings in AfDB’s governance, and the 2022 Annual Meetings, unfortunately, demonstrate the failure to prioritize engagement with civil society and communities. We are so concerned that there is no space for civil society in the official program.” Aly Marie Sagne, Founder and Executive Director, Lumìere Synergie pour le Développement, Sénégal said.

Apart from including climate change, food security, and energy development on its agenda list, the Bank was equivocal on these issues. The speeches delivered by Dr. Akinwumi Adesina , the bank’s President and the ilk were carefully scripted and choreographed to paint a wrong picture, transparency as a key driver of sustainable development was not mentioned.

On food security, Dr. Akinwumi Adesina said there is no need for Africans begging food and that the bank has approved the $1.5 billion plan that will be used to support African countries to produce food rapidly to ensure sustained supply producing 38 million metric tons of food, including wheat, maize, rice, and soybeans.

About the increased climate crisis, Adesina said Africa suffers $7-15 billion per year in losses to climate change, and losses are projected to rise to $40 billion per year by 2030. “Africa has no choice but to adapt to climate change but African Development Bank has doubled its financing for the climate to $25 billion by 2025,” he said.

The Bank is also implementing the $20 billion Desert to Power initiative in the Sahel, to build 10,000 megawatts of solar power generation. This will provide electricity via solar for 250 million people and turn the Sahel into the largest solar zone in the world.

Whereas all these strategies mentioned are meant to uplift the project beneficiaries, there is no guarantee to ensure the realization of their commitments.

Witness Radio’s Executive director, Mr. Wokulira Ssebaggala added his voice to the 30 participants in 11 countries that held a separate meeting in Accra from 23-25 May to allude to his concerns over the absence of the project beneficiaries excluding their views in critical issues.

“Many development projects have proven harmful including those funded by this Bank. They have had issues with human rights violations and propelled many into excess poverty and hunger. Because the local people are the beneficiaries, their interests should be represented”. He spoke.

The AfDB funds hundreds of projects across the continent and it is one of the key economic players in Africa. Through its direct and indirect financing, it supports projects and policies across a wide range of sectors. However, in practice, the Bank is not different from the loan sharks operating in the streets of Kampala.

“Although the AfDB is supposed to serve the interests of African people, it lags behind its peer institutions in terms of transparent and participatory policies and implementation, and it is very difficult for civil society, local communities, indigenous Peoples, and all rights holders to hold the Bank accountable at all stages of its operations,” a statement from members of the #Dev4Africa campaign read.

This approach to development has led to negative impacts on communities from AfDB projects, including human rights, labor, and environmental violations. Additionally, it has led to contradictory approaches to challenges like the climate crisis, whereby the AfDB is supporting needed adaptation and mitigation projects on the one hand, and funding climate-harmful fossil fuel projects on the other hand.

“We don’t understand why the AfDB put such a risky project in our community.” Fatou Samba is a representative of a community whose livelihoods and environment have been affected by the AfDB-financed Sendou coal power project in Senegal said.

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Mityana district police rounded up and arbitrarily arrested over 50 Kikuube PAPs to block them from meeting Uganda’s Prime Minister.

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By Witness Radio team

Two (2) community land rights defenders and 68 projects-affected persons from Kikuube district including children have been rounded up and arrested by Mityana district Police, Witness Radio has learned.

The community group led by Fred Mbambali and Ahumuza Busingye, were arrested from City Healing Church in Mityana Municipality, Mityana district. They were arrested on the orders of Mityana District Police Commander, Mr. Hasunira Ahmed, without being informed of the reasons for the arrest.

To seek justice and reclaim their grabbed land, the community decided to journey from the Kikuube district on Saturday, 2nd March 2024. Their objective was to petition Uganda’s Prime Minister, Rt. Hon. Robinah Nabanja, to intervene in grievances concerning forced evictions from their land and their unsuccessful attempts to regain ownership of their land that was grabbed by the officials of the Prime minister’s office for Kyangwali resettlement camp.

“On Friday, we departed from Kikuube district to Kakumiro intending to meet the Prime Minister. We aimed to convey the challenges we are facing following the unlawful seizure of our land. We sought her intervention to help us regain ownership, especially since many offices that were approached have not helped end our misery. Unfortunately, upon our arrival, we discovered she was in preparations to leave her residence. Instead, she instructed her private security team to escort us to her party’s offices (National Resistance Movement, NRM) in the Kakumiro district, assuring us that she would meet with us there. But she did not come back.” Mr. Mbambali Fred, one of the group leaders told Witness Radio.

Little did the affected community members know that their stay at the offices would be short-lived. Initially, they were welcomed by the security officers at the party offices, but their situation took a turn when the District security committee of Kakumiro led by the Resident District Commissioner (RDC), Mr. Matovu David and the District Police Commander (DPC) in the area Mr. Niyonzima Morris visited and questioned them about the reasons for their visit.

Subsequently, PAPs explained that they had been directed to wait at the offices by the Prime Minister. Despite their explanation, the Committee was skeptical and held an emergency meeting to resolve that Kikuube PAPs should leave the premises. The committee stated that the issue raised was not within the mandate of the Kakumiro district and thereafter, were asked to relocate to a different location, not within Kakumiro.

The stern Kakumiro district leaders directed the group to depart and proceed to the Office of the Prime Minister in Kampala for their meeting with her.

Shortly after being chased, they proceeded to Kampala via Mityana road, but PAPs sought to rest at one of the churches in the Mityana district. As soon as they occupied the church, Mityana district raided the premises, arrested all of them, and took them to Mityana Central Police Station, claiming that PAPs were posing a threat to the community.

“We were rounded up and arrested without being given any opportunity to explain ourselves. They didn’t even inform us of the reason for our arrest. We were kept at the police for nearly 12 hours without food. Both children and elders were starving, and the children even reached the point of crying because we were not allowed to move. It’s a double punishment to us because we haven’t committed any offense,” Ahumuza Busingye, another defender, told Witness Radio.

They were cautioned and later released without charges.

The Mityana District Police Commander, Mr. Hasunira Ahmed confirmed the arrest, stating that people neighboring the church had lodged complaints with the police about unknown individuals with a large amount of luggage occupying their premises. This led the police to arrest them.

“We received complaints about these individuals occupying a particular church, which posed a potential threat because they hadn’t obtained permission to stay there and didn’t possess a letter authorizing their movement to their destination. That’s why we intervened with an arrest, as many of them looked like rebels,” stated the Mityana District Police Commander.

PAPs arrested are part of the larger group of over 90,000 people evicted between 2013 and 2019 in 29 villagers by the office of the Prime minister (OPM) to give their land to the refugees in Katikala and Bukinda in Kyangwali district.

The community was evicted by officials led by Charles Bafaki from the Office of the Prime Minister, accompanied by the police and Uganda People Defence Forces (UPDF), from their land measuring 36 square kilometers located in various villages, including Bukinda A and B, Bukinda 2, Kavule, Bwizibwera A and B, Kyeya A and B, Nyaruhanga, Kabirizi, Nyamigisa A and B, and Katoma, all in Kyangwali sub-county for the Kyangwali refugee resettlement camp.

Despite receiving various directives, including two from the President, instructing the Office of the Prime Minister (OPM) officials to facilitate the return of the residents to their land, they have chosen to turn a deaf ear and disregard the implementation of these directives.

In 2016 and 2018, President Yoweri Kaguta Museveni issued directives to resettle PAPs back to their ancestral land, but unfortunately, these directives remained unimplemented.

In 2021, Prime Minister Robinah Nabbanja visited the victims and promised action, which, as of the time of writing this article, it’s yet to be realized.

On March 1, 2022, Minister of Relief, Disaster Preparedness, and Refugees, Mr. Hilary Onek, accused the victims of encroaching on government land. He also criticized local leaders and officials for potential involvement in stage-managed evictions.

In 2022, approximately 1,000 of the evictees camped at the office of the Kikuube Resident District Commissioner, Amlan Tumusiime, demanding his intervention to help them return to their land. Unfortunately, this intervention did not materialize. Some of the evictees sought shelter in temporary shelters provided by Florence Natumanya, the Kikuube Woman MP, and Francis Kazini, the Buhaguzi Member of Parliament, while others continued to search for livelihoods in other parts of the country.

“People are suffering immensely, and we are witnessing deaths without having a proper place to bury our loved ones. No one is coming to our rescue, and it’s heartbreaking to see our children deprived of education, as they are the future of tomorrow,” expressed the community members in an interview with Witness Radio.

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: A community land rights defender in the Kiryandongo district is charged with assault and released on a cash bail.

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By Witness Radio team.

Magistrate Court sitting in Kiryandongo district has released a community land rights defender on a cash bail. He was arbitrarily arrested, and detained Thursday, February 29th, 2024, for attempting to open a criminal case against Great Seasons SMC Limited workers for erasing his 3 acres of land with ready-to-harvest cash crops.

Mwawula Fred’s release came after spending five (5) days in detention. Mr. Mwawula is a community land rights defender based in Kisalanda village, Mutunda parish, Kiryandongo district help to mobilize communities to resist forced land grabbing by multinational companies in Kiryandongo district.

The prosecution alleges that Mwawula assaulted workers of the Great Seasons SMC Company Limited who were in his garden.

The Penal Code Act, Cap 120, states that any person who commits an assault occasioning actual bodily harm commits a misdemeanor and is liable to imprisonment for five years on conviction.

On February 22nd, 2024, Witness Radio ran an article about four Great Seasons SMC Limited Company workers with a numberless tractor who had invaded and erased Mwawula’s garden with crops ready for harvest such as maize, green pepper, and tomatoes in Kisalanda village.

When he (Mwawula) went to Kiryandongo Central Police Station to open up criminal cases against the company, he was instead arbitrarily arrested, detained by local police, and preferred an assault charge before appearing before the court.

While granting the defender bail, Her Worship Amweno Hellen released Mr. Mwawula on a cash bail of 700,000 Ugx (Equivalent to 178.47 USD) while the sureties conditioned a non-cash bail.

The defender will report back to Court on the 13th/March/ 2024.

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: A community land rights defender in Kiryandongo, who was arrested for attempting to open a case against company workers at Kiryandongo Central police for erasing his garden, is facing assault charges.

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By Witness Radio team.

Kiryandongo Central police have preferred an assault charge against a community land rights defender who was arbitrarily arrested and detained Thursday, February 29th, 2024, for attempting to open a criminal charge against workers of Great Seasons SMC Limited.

On February 22nd, 2024, four Great Seasons SMC Limited Company workers with a tractor invaded and erased Mr. Mwawula Fred’s garden with crops ready for harvest such as maize, green pepper, and tomatoes. The workers used a numberless company tractor to destroy the defender’s 3 acres of crops.

According to the police charge sheet, Mwawula allegedly assaulted workers of the Great Seasons SMC Company Limited who were in his garden.

Defender’s lawyers said Mwawula bravely tried to intervene to stop the destruction of his crops by company workers, but they (workers) callously persisted with their destructive actions, disregarding the defender’s pleas.

The lawyers also stated that company workers made off with sacks full of maize belonging to their client.

The Penal Code Act, Cap 120, states that any person who commits an assault occasioning actual bodily harm commits a misdemeanor and is liable to imprisonment for five years on conviction.

Mwawula, on several occasions, has been in and out of prison on several charges over eight times for mobilizing local communities to resist land grabbing and forceful evictions by multinational companies in the Kiryandongo district. However, the court has dismissed all of them for want of prosecution.

Frequently, the gardens belonging to smallholder farmers, activists, and defenders have been targeted and vandalized by Great Seasons SMC Company Limited, demanding that the local community should vacate what the company asserts as its land. In a distressing incident last December 2023, many defenders’ gardens were set ablaze by workers of the company, resulting in a prolonged famine within projected affected families.

The defender is yet to be produced in court to answer to assault charges.

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