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Advocates meet in Accra to assess the performance of the 10 year United Nations Guiding Principles (UNGPs 10+) on business and human rights on the African continent.

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By Witness Radio Team

Several advocates including Witness Radio – Uganda from 59 countries all over the world are meeting in Accra, Ghana to assess the business and human rights policies to foster development in the region.

The two-day African Business and Human Rights Forum which started on the 12th and ends 13th of October 2022 brought together actors from across Africa to examine and discuss the challenges and or opportunities associated with promoting responsible business and human rights conduct and corporate accountability in the region.

The forum is hosted by the government of Ghana and is organized by the African Union (AU), the United Nations Development Programme (UNDP), the Office of the UN High Commissioner for Human Rights, and the UN Working Group on Business and Human Rights among others.

This forum comes at a time when gross human rights violations by companies or individuals operating businesses are at their peak worldwide.

Uganda’s evictions and environmental watchdog, Witness Radio has documented several stories exposing companies that continue to receive huge funds despite their continued violations of human rights to the native communities where they set their businesses. The latest is the UK-based New Forests Company operating tree plantations in Luwunga and Namwasa in Kiboga and Mubende districts.

The company was directly involved in the violent eviction of over 10,000 residents between 2006 and 2010 from the land they had lived on for decades for its profit-making businesses, currently, some families live in internally displaced camps, others with their relatives whereas some acting as laborers at plantations of rich men to earn what to feed their family.

On May 4th, 2019, a group of people raided Amujeju village in Amujeju Parish in Kamtur Sub County and allegedly beat up residents, raped women, destroyed their crops and houses, and evicted them from their homes. It is believed that over one thousand residents were evicted on what they said was their ancestral land measuring to over 2000 acres.

According to an October, 29th, 2020 article by a popular local online publication, Uganda Radio Network URN, a letter from Uganda Investment Authority-UIA dated January 24th, 2020 was introducing Hainan Qinfu Food Company Limited, a Chinese company dealing in a fishing enterprise that specializes in tilapia aquaculture, production of fish feed, fish processing and marketing seeking to invest USD 450 million, approximately 1.6 Trillion Shillings to establish an aquaculture park on the community land in Bukedea district.

Among the activities to be discussed by the actors include offering a dynamic regional multi-stakeholder platform for dialogue on business and human rights, laying the groundwork for future peer-learning sessions and collaborative initiatives and programmes on business and human rights in Africa, assessing progress made on implementing the United Nations Guiding Principles on Business and Human Rights (UNGPs) and promote collaboration and networking between and among governments, businesses, civil society, National Human Rights Institutions (NHRIs), human rights defenders and other stakeholders and discussing the national and regional efforts to implement the UNGPs, including through National Action Plans (NAPs), human rights due diligence (HRDD) laws and practices, and ensuring access to effective remedies among others.

However, despite passing the National Action Plan on Business and Human rights in Uganda in 2021, such abuses remain escalating. In late 2021 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 91.7 Million Wadelai irrigation project implementation funded by the African development bank (AfDB) and Nordic Development Fund. Some community members including pregnant women were beaten while others were subjected to illegal detentions.

“The Forum is envisioned as an annual event aiming to devise a coherent continental platform for discussing how to promote and ensure responsible business conduct in Africa. It will provide an invaluable opportunity for stakeholders, including AU member states, businesses, and civil society, to learn about progress and challenges, to share best practices, to identify needs, and engage in peer learning through constructive dialogue.” said the OHCHR on their website.

The Executive Director of Witness Radio Uganda Jeff Wokulira Ssebaggala, who represented the team at the forum, said in the next 10 years, over 35 countries are targeted to have passed the NAP on human rights and business on the continent. Currently, in Africa, Kenya and Uganda are the only countries with the National Action Plan on Business and Human Rights passed in 2019 and 2021 respectively.

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Six cattlemen opposed to the Tilenga oil project-related forced land eviction have been granted bail but will remain in prison…

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By Witness Radio team

A magistrate court sitting in Hoima City in mid-western Uganda has granted bail to six cattlemen but, will remain in prison due to other criminal charges framed against them.

The six cattlemen are part of a group of over 20 cattlemen that have been slapped with multiple criminal charges by the Hoima City resident state attorney for opposing an illegal land eviction that is taking away their grazing land for the Tilenga Feeder Pipeline Component.

They are part of a larger community of 2500 people that have legally occupied and cultivated their land measuring 1294.99 hectares at Kapapi North, Kapapi Central, Waaki North, Waaki South, and Lunga villages in Kapapi and Kiryatete sub-counties in Hoima District since the 1950s, which is gazetted as public land.

This follows Witness Radio – Uganda’s intervention with its legal team to provide criminal defense to victims of irresponsible oil investment. The majority of the cattlemen in prison were arbitrarily arrested, maliciously charged, and sent to prison a few days before a violent and forceful land eviction.

On 10th February 2023 at 1:00 am, Hoima District Police, soldiers from Uganda People’s Defense Force (UPDF), with the assistance of security guards from Magnum, a Private Security Company descended on the community violently and illegally evicted them without a court order.

Kataza Samuel is granted bail on both charges of malicious damage to property and stealing cattle; Mulega Eria on both charges of criminal trespass and stealing cattle, Karongo Stephen on both threatening violence and stealing cattle; Rangira Stephen on both threatening violence and stealing cattle; Karongo Edward on both charges of theft and stealing cattle while Mbombo Stephen has been granted bail on threatening violence charge.

On a sad note, the six plus other cattlemen in prison cannot get out and enjoy their freedoms because they are still facing many criminal charges namely assaulting Tilenga Feeder Pipeline Component workers, new charges of threatening violence, and malicious damage to property among others.

Each of the victims was granted a cash bail of one million shillings (1,000,000=) about 273.9 US dollars on their first charge while on the second charge, each was granted a cash bail of three hundred thousand Shillings (300,000=) about 80.43 US Dollars. Sureties were conditioned to a noncash bail of twenty million shillings about 5,479.4 US dollars.

According to the 2022 bail guidelines, if an offense is triable by both the High Court and Magistrates Court and the accused person has been on remand for 60 days before the commencement of trial, the person shall be released on bail on such conditions that the court considers reasonable.

Bail conditions; court ordered the six to report back for their bail on the 20th of June 2023.

However, bail applications for other criminal charges have been fixed to be heard on the 2nd of June 2023 by different trial magistrates.

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Persecution: The prosecutor’s office is turned into a tool to harass locals for opposing land grabs to give way to the oil project in Mid Western Uganda.

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By Witness Radio team,

Mr. Karongo Edward, a smallholder farmer in Kapapi village, is one of the dozens of local farmers slapped with multiple criminal charges by the Director of Public Prosecution’s office in Hoima district, Western Uganda because they are resisting an illegal eviction to give way to Tilenga Feeder Pipeline Component.

Arbitrarily arrested on the 25th of January 2023 between 15:00 and 15:30 EAT at Kapapi trading center by two armed police officers attached to Kigolobya police station under the command of one Ndahura Gafayo, now he faces three separate criminal files from criminal trespass, assault to stealing cattle and he’s likely to face more charges resulting from his opposition to an illegal land eviction to give way for Feeder Pipeline Component of the Tilenga Project.

According to his family, Kalong was not informed about the reasons for his arrest instead, he was grabbed, handcuffed, and bundled into a private car with registration number UAT 135J.  He was driven to Kigorobya police, where he spent a night before being transferred to Kitoba police station on the 26th, the following day.

Karongo is one of the 2500 people that have legally occupied and cultivated their land at Kapapi village, Kapapi Sub County, in Hoima District since the 1950s, which is gazetted as public land. No sooner had Karongo and other local farmers been imprisoned than their land was grabbed at gunpoint in the wee hours of the night without a court order.

According to the locals, as soon as the news started circulating that Kapapi North, Kapapi Central, Waaki North, Waaki South, and Lunga villages’ land had been identified as suitable for the oil project, people masquerading as landlords emerged and started ordering and threatening locals to vacate their land.

On the 10th of February 2023, over 2500 locals were forcefully and violently evicted from 1294.99 hectares of their land with no compensation or resettlement.

The eviction was spearheaded by Ndahura Gafayo, Aston Muhwezi, David Mpora, Monica Rwashadika, one Agaba, Wilber Kiiza, and Moses Asimwe with full backup from the area police, soldiers from Uganda People’s Defense Forces (UPDF), and security guards from Magnum, a private security company.

Many adults and children were severely beaten and wounded, women are alleging being raped, and houses were set ablaze. In contrast, others were destroyed, animals were slaughtered, and others were looted. Evictors and their agents looted properties worth millions of Uganda Shillings.

As Witness Radio writes this report, dozens of local farmers opposed to forced land evictions to benefit the Tilenga oil project are facing multiple criminal charges and currently remain at Hoima government prison.

Below are tables drawn to showcase files, names of prisoners (locals from Kapapi opposed to forced land eviction to give way for the Tilenga oil project), court file numbers, and their charges;

File No. 1

Name Court File Number Charge
Kataza Samuel 237 of 2023 Malicious damage to property
Mulega Eria 237 of 2023 Criminal trespass
Karongo Stephen 237 of 2023 Threatening violence
Rangira Stephen 237 of 2023 Threatening violence
Karongo Edward 237 of 2023 Theft

File No.2

Name Court File Number Charge
Kataza Samuel 77 of 2023 Stealing cattle
Mulega Eria 77 of 2023 Stealing cattle
Karongo Stephen 77 of 2023 Stealing cattle
Rangira Stephen 77 of 2023 Stealing cattle

 

 

 

 

 

File No. 3

Name Court File Number Charge
Karongo Stephen 238 of 2023 Assault
Karongo Edward 238 of 2023 Assault
Rangira Stephen 238 of 2023 Assault

File No.4

Name Court File Number Charge
Rubyogo David 241 of 2023 Threatening violence
Twinobigezo Edrine 241 of 2023 Threatening violence

File No. 5

Name Court File Number Charge
Mbombo Stephen 60 of 2023 Malicious Damage to property

File No. 6

Name Court File Number Charge
Mbombo Stephen 64 of 23 Threatening violence
Kamugisha Enock 64 of 23 Threatening violence
Murungi John 64 of 23 Threatening violence
Musinguzi Peter 64 of 23 Threatening violence

Witness Radio – Uganda provides criminal defense to victims and has filed bail applications.

 

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Profiting from misery: A case of a multimillion-dollar tree project sold off before resolving land grab and human rights violation claims with local communities.

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By Witness Radio team

In 2002, Global Woods Limited allegedly acquired a 49-year lease on 12,182 hectares where thousands of local communities were deriving their livelihood, forcefully and violently evicted them, and later turned the land into a commercial tree plantation. Before resolving land grabbing, human rights violations and abuse issues with the victim community, the company is sold off. Witness Radio – Uganda has learned.

The monoculture (pine and eucalyptus) tree plantation was certified by the CarbonFix Standard in January 2009, which enables global woods to sell certified carbon credits to interested buyers.

Leveraging on its contacts, the plantation attracted many financiers namely, the British International Investment under the GEF Africa Sustainable Forestry Fund LP managed by Global Environment Facility and Africa Forestry Fund II from Criterion Africa Sustainable Forestry Management, DANIDA, and the European Union among others supported the cause.

Kikonda tree plantation located in Kyankwanzi district has been a beneficiary of the 16 million Euros (over 65 billion Ugx) Sawlog Production Grant Scheme (SPGS) III implemented by the Food and Agriculture Organization (FAO) and the Ministry of Water and Environment.

The five-year project was designed to meet long-term industrial and market demand for sawlog products by establishing commercial plantations and ensuring downstream processing and utilization efficiency of forest resources.

With all resources at its disposal, Global Woods Limited overlooked standards of responsible investments. The company never consulted the pastoralist and farming community occupying the land as they were unaware of the project.

Instead, with support from government security forces including the Uganda Police Force, over 10,000 people were forcefully and violently evicted from their land.

Cries and grief locked more than 30 villages namely; Kakindu, Neeme, Nakibizi, Ngando, Kalungu, Kiwamirembe, Kachwamango, Bulaza, Kyebajojjo, Rwenkonge, Kyambogo, Mbari, Kikonda, Kasambya, Kyiryakye, Kiyigikiwa, Ndaga, Kiteredde, Kyakabuga among others as locals faced extreme violence with no alternative settlement in the then, Kiboga district.

The local population lost homes, and family fields to the company, and dozens of local people were reportedly arrested and slapped with trumped-up criminal charges. Other locals claim that the company workers and their agents looted dozens of animals and different types of grains found in people’s granaries.

Global Woods Limited is also accused of destroying a water dam worth millions of Uganda Shillings at Kigando village constructed in 1992 to provide water to animals of the local farming communities. The construction of the water dam was financed by the Irish Aid from the Irish tax Payers’ money. Land bordering the plantation is allegedly grabbed at gunpoint too. One of the victims who never wanted his name to be mentioned here due to fear of reprisals, reported that he surrendered his 6.879 hectares of land on a private Mailo land tenure to the company without compensation. He further narrated that, as the plantation continues expanding on other people’s land, he fears losing the remaining piece of land too.

Additionally, the neighboring communities claim that they continue losing their animals as a result of chemicals used on the plantation. “Some animals usually come out blind, while others tend to have miscarriages. And at the end, they die.” One of the herders told the Witness Radio team. He further claims that in 2017, he lost over 30 heads of cattle, calling for the regulation of chemical use on the plantation.

Without resolving the harmful impacts caused to the local communities as some highlighted above, Global Woods Limited plantation in Kikonda has been sold to Nile Fibre Board Limited at a cost not yet established by Witness Radio – Uganda.

Global Woods AG is a Germany-based Company founded by a former Green politician from the European Parliament, Mr. Manfred Vohrer. The company has different tree projects in Paraguay and Argentina. Global-woods International remains assisting the Kikonda project in promoting and selling carbon credits.

Recently, Witness Radio – Uganda landed on a document indicating that Criterion Africa Partners, Inc. (“CAP”), a private equity firm investing in the forestry sector in Sub-Saharan Africa, announced that its portfolio company Global Woods AG (“GW”) had completed the sale of its Uganda timber plantation to Nile Fibre Board Ltd. (“NFB”).

“The sale of Global Woods’ plantations to Nile Fibre Board represents a successful outcome for all stakeholders involved,” said Jim Heyes, CAP’s Managing Director responsible for East Africa. “CAP is pleased to hand the reins to a family-owned local company.”

The Nile Fibre Board Limited (NFB) is a subsidiary of Nileply Woods. NFB now holds the FSC Chain of Custody (COC) and FSC Forest Management certificates upon taking over 12,182ha of Kikonda Forest reserve from Global Woods AG.

The Nile fibreboard has a processing plant in the Nakasongola district in Central Uganda, which produces Melamine Faced Boards (MFB) used in the furniture and construction industry. The two companies (Nile Fibre Board Limited and Nile Plywood Board) are owned by the Sarrai Group of Companies.

The Sarrai group owns more than ten (10) other companies. Some are Kiryandongo Sugar Limited, Kinyara Sugar Works Limited, Hoima Sugar Limited, and Tulip properties and others are mentioned in land-grab scandals, causing tens of thousands of indigenous and local communities to landlessness and homeless.

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