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Africa’s carbon deals and the hidden tenure challenge

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I. New pressure on land?

Observers marked 2023 as a “make-or-break” year for voluntary carbon markets and a key “ inflection point ” for their role in addressing climate change and global deforestation. Proponents highlight that forest carbon projects channel  much-needed funds  towards forest protection and are pivotal to climate change mitigation. On the other hand, critics emphasize that carbon deals set incentives for overcrediting. Moreover, carbon offsetting allows the biggest emitters to simply outsource their climate mitigation efforts with potentially  adverse impacts  for  affected communities .

The debate was fueled when several large-scale carbon offset projects were reported in Sub-Saharan Africa just before the UN Climate Change Conference COP 28 took place in Dubai in 2023. The sheer dimensions of the planned projects bring back memories of the last major wave of large-scale land deals in 2011 — notably, memories of evictions of local communities and Indigenous Peoples, loss of livelihoods and a lack of free, prior and informed consent (FPIC) practices.

2007/2008

The global financial crisis unleashed.

2010/2011

A major wave of land investments for food and biofuel production in across Africa and the Global South.

2022/2023

Seventeen years on, the pressure on land never eased with a  new wave of deals  related to carbon offsets, green hydrogen schemes, and other “green investments”

 Since 2015, fewer deals have been concluded due to factors like stricter land policies and declining support for biofuels. Based on Land Matrix data, the number of concluded and failed deals is under-reported in this illustration because deals with no information about the year of negotiation are excluded. On the other hand, intended deals are slightly over-reported, as some concluded deals with unknown dates are included as ‘intended.’ 

 Picture: Demonstrators at COP 25 in Madrid, December 2019, against carbon offsetting schemes, advocating for equitable climate solutions and rejecting market-based approaches.

In 2023, four land-sector organizations came together, with support from the European Commission, to strengthen the central role of data in securing equitable land rights for sustainable development, poverty eradication, peace and the protection of human rights. The  Land Data Partnership , which includes the  International Land Coalition , the  Land Portal Foundation , the  Land Matrix Initiative , and  Prindex , aims to improve the complementarity of global land data initiatives and to identify opportunities to hold key actors responsible.

Organisations collaborating in the Land Data Partnership

At first glance, carbon offsetting projects appear to be win-win-win deals for local communities, governments, and the environment, and a key strategy in mitigating climate change. Yet, if we look more closely the question arises: how much can communities benefit if they face insecure land rights and weak land governance systems?

This data story explores in detail the consequences of climate change mitigation for land tenure, and vice versa. Zooming into several case studies in East and West Africa, it highlights the dimensions of tenure security and how people-centered, inclusive and effective land governance systems can help manage the influx of carbon offset projects.

A group of women in Kenya’s Kasigau Corridor, supported by the REDD+ Project manager Wildlife Works, gathers to create sustainable crafts and strengthen their community livelihoods.

Civil society organizations, as well as policymakers, are concerned about the pressures exerted by large-scale carbon deals and the corresponding threats to the land rights of local populations. In this context, Kenya provides an important example. According to Land Matrix and LANDex data, conflicts were reported in 57% of all large-scale land acquisition deals in Kenya.

“The Mau is Kenya’s biggest forest. The Ogiek people are on the front line of a climate solution that is used to justify ongoing evictions and emission. In our view it’s clear that the interest shown by offsetting companies is prompting the Kenyan Government to assert its control.”

Justin Kendrick, Forest Peoples Programme

The recent rise of the voluntary carbon markets (VCM) for land-based carbon removal and avoidance to offset countries’ own emissions was commented on by prominent headlines, such as “the new scramble for Africa” and “carbon cowboys”. On the other hand, supporters emphasize that the voluntary mechanism has  begun to “mature”  and provides much needed funding for forest conservation in places where government support and protection failed.

Read full article: Africa’s carbon deals and the hidden tenure challenge

Source: storymaps.arcgis.com

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Palm oil plantation expansion: A disturbing alliance between a palm oil company, district officials, and a college school is actively seizing land from farming communities in Buvuma district for their own profit.

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By Witness Radio team.

A Buvuma district land grab cartel, allegedly involving district officials, judicial officials, police personnel attached to Buvuma district police, officials from Buvuma College school, and OPUL workers, is using both police and judicial harassment to target and criminalize the farming activities of several community members in the Nairambi sub-county to expand palm oil plantations.

Commercial oil palm tree growing in Uganda started around 2005, with the first large-scale planting occurring on Bugala Island in Kalangala district under a tripartite public-private partnership with Oil Palm Uganda Limited (OPUL) and Kalangala Oil Palm Grower’s Trust (KOPGT) as the key implementers.

Initially in 2003, the Government signed an agreement to develop Uganda’s oil palm value chain with BIDCO Uganda Limited. They agreed to establish 40,000 hectares of oil palm across the country. The OPUL was to establish 23,500 hectares, while smallholders would be supported to establish 13,500 hectares.

The experience of the people in Kalangala is devastating. Several have seen their lands grabbed, their forests destroyed, and their water contaminated. People have been arrested and tortured for opposing the company, while women and children have been displaced and have nowhere to stay.

Statistics from the Ministry of Agriculture, Animal Husbandry and Fisheries reveal that in Kalangala district, the total area planted with oil palm is 10,924 hectares, comprised of 6,500 hectares belonging to OPUL and 4,424 hectares by smallholder farmers. This has forced the Government of Uganda and BIDCO to source land from other districts, including Buvuma.

Before rectifying the mess caused in the Kalangala district, OPUL, a subsidiary of BIDCO Uganda is expanding the oil palm tree growing in the Buvuma district, and there’s a notable repeat of palm oil growing-related challenges.

Buvuma District is a district in the Central Region of Uganda. Jinja District borders it to the north, Mayuge District to the east, Tanzania to the south, and Buikwe District to the west and northwest.

More than a dozen smallholder farmers in Majjo and Bukula villages in Nairambi Sub-county have been framed with criminal charges, including malicious damage and Criminal trespass on their land for refusing to give away their land for palm oil growing.

In Nairambi, Witness Radio has documented troubling patterns of land grabbing, displacement, conflict, poverty, and environmental degradation. Communities living in areas targeted for palm oil plantations are increasingly losing their ancestral lands without being consulted or expressing consent for land takeovers.

This cartel causing mayhem involves Buvuma district authorities, judicial officials, police personnel attached to Buvuma district police, officials from Buvuma College school, and OPUL workers, all colluding to take farmers’ land to grow palm oil trees forcefully.

Meet Ssalongo Ssentongo Living Stone, a 58-year-old farmer in Majjo village in Nairambi Sub-county. He is one of the many victims of the palm oil company. Over the past decade, he has been in and out of prison, facing the same charges repeatedly. He has lost four out of his five pieces of land to the company, plunging him into poverty. His story is a stark example of the injustice faced by many in similar situations.

“I am facing criminal charges because of refusing to surrender my land. Two complainants arrested me four times for a criminal trespass charge—two files by Buvuma College school and two others by Buvuma district officials. In the first case in 2020, I was arrested by police on orders of Buvuma College School as soon as I came back from prison after a year I was then re-arrested and charged with the same case of criminal trespass by police on orders of the same school. This has been the trend. When I refused to surrender it to the School, Buvuma district officials started on the same. They tell me that the land is not mine; it belongs to the school, and at the same time, the district tells me it’s forest land, yet this is land that I formally requested from the Buganda Land board.” Ssentongo added.

He said he owned about five pieces of land that supported his family of 12, but four of them were forcefully taken. He added that he has written to the Oil Palm company seeking to re-possess his land but in vain. It is now almost 10 years since four of my pieces of land were forcefully taken and have never been compensated,” Ssentongo revealed.

Despite initial land acquisitions for palm oil in Kalangala being filled with concerns of land grabbing, the trail of land grabbing for project expansion has since been replicated in Buvuma district. In the project pioneer villages of Buvuma, more than 600 people whose land was taken for the oil palm project in 2015 with promises that it would be compensated later are suffering.

Many families in Kakyanga, Kiziiru, Bukiindi, and Bukalabati villages are struggling to make ends meet. Their land, measuring over 388 hectares, was forcefully taken and is now occupied by oil palm plantations. They can no longer afford to meet their families’ basic needs, a stark reminder of the human cost of land grabbing.

With significant financial and political backing, the Buvuma Oil Palm land grab cartel which began from Kakyanga, Kiziiru, Bukiindi, Bukalabati, and Bukinarwa continues to extend to Majjo and Bukula villages in the same sub-county, Nairambi.

According to the Ministry of Agriculture statistics, palm oil trees have already covered over 5,000 hectares in the Buvuma district.

According to the affected residents, Mr. Adrian Ddungu, the chairperson of Buvuma District, is allegedly colluding with Buvuma College School to grab their land for palm oil plantations. All five families share a common struggle—the increasing criminalization they face for refusing to surrender their land. The urgency of their situation is pressing as the land grab continues to extend to Majjo and Bukula villages.

“All of our subcounty land is mostly occupied by oil palm trees. Most of it has been grabbed, and OPUL’s agents are now extending to our side. As you can see, one of our community members’ land was taken and is currently planted with palm trees.” Nsubuga, another victim, said.

Efforts to get a comment on the community’s allegations from OPUL were futile, as our phone calls went unanswered, and our emails received no response.

However, Mr. Adrian Ddungu, the District Chairman, and Mr. Lawrence Sserwanga, the Chairperson of the Board of Governors at Buvuma College, denied allegations of involvement in land grabbing. Instead, they both claimed that the residents were occupying the land illegally and insisted they had no intentions of selling it to OPUL. They also stated that the land was given to the school, and the residents were compensated.

“The land belongs to the Buvuma school; those people gave the land to the school and were compensated.” Mr. Ddungu revealed.

In contrast, Mr. Ddungu’s response diverged from Mr. Sserwanga’s. Mr. Sserwanga maintained that the early inhabitants of the land had willingly donated it to the school without expecting compensation. “They gave it freely because they wanted to see a school built; donations are not supposed to be compensated,’ he told Witness Radio, which raises questions on how the school acquired land.

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The Taiwanese investor & Others: Dozens of community land and environmental rights defenders are in prison for opposing his aggressive land acquisition tactics.

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By Witness Radio team.

An independent investigation by Witness Radio has revealed that a tree plantation co-owned by the Taiwanese has aided the criminalization of over 20 community land defenders’ work in Mubende District and caused prison sentences ranging from 30 months to 34 years, respectively.

Witness Radio is a Ugandan-based not-for-profit organization that uses legal aid support and media-oriented approaches, such as investigative, data, and advocacy journalism, to protect and promote the land and environmental rights of local and Indigenous communities in development.

These investigations, spanning two months, have unearthed a staggering 23 cases of criminalization against defenders since Quality Parts commenced operations in Mubende District in 2011. These arbitrary arrests, kidnaps, raids of defenders’ homes at night, assaults, tortures, and alleged aiding of unfair convictions are a stark reminder of the profound injustice faced by those who oppose the company’s land grab of the community land.

For many years, Quality Parts Limited has deployed Mubende district police, private security firms, and company workers to carry out intimidation, coercion, and manipulation. No community member has ever been consulted or consented to the removal of their land.

In their unwavering commitment, these defenders are protecting a community of smallholder farmers who have lawfully occupied and cultivated their land for over five (5) decades. Most smallholder farmers have legal documents proving their legitimate land ownership, starkly contrasting the injustice they face.

Quality Parts Uganda Limited, incorporated in 2000, operates plantations of pine and eucalyptus trees in Mubende district, southwestern Uganda. The company is co-owned by Taiwanese investor Chang Shu-mu, known as Martin Chang, and his wife, Anna Kyoheirwe.

When writing this report, nine (9) community defenders are serving prison sentences ranging from 30 months to 34 years in Muyinayina and Kaweeri government prisons in the Mubende district, with the majority facing multiple offenses. According to Witness Radio interviews, more community defenders allege that the company regularly threatens community land defenders that they will face the same fate if they continue to oppose its actions.

In the latest incident, hell broke loose in the early morning hours of January 29, 2024, when four Quality Parts Uganda Ltd company workers, guarded by three armed police officers in casual attire (later it was established to be attached to Mubende Central Police Station), attacked, beat, and arbitrarily arrested three land rights defenders based in Kicuculo village, Kiruuma Sub-county in Mubende district accusing them of destroying the tree plantation. It was the second brutal arrest of the trio.

The three defenders, Byakatonda David, Kabuuka Levi, and Byamukama Yuda, the Kicucuulo Village chairman, were briefly taken to Mubende Police before being aligned before Mubende district Magistrates’ Court. They were charged with malicious property damage and remanded to Kaweeri Prison on the same day.

Mr. Byamukama Yuda is one of those serving a 30-month sentence at Muyinayina Prison; an interview with Witness Radio revealed that three armed Police officers from Mubende and company officials raided his home at 5 a.m., manhandled and assaulted, and arrested him without explanation.

“In the early hours of the morning, the group raided my home and ordered me to open the door. At first, I hesitated because I had no idea who they were since they never introduced themselves. But when they started aggressively banging one of my house’s doors, my wife and I had no choice but to open it. The moment I did, my eyes met the furious faces of armed officers who humiliated and assaulted me in front of my wife and children before forcefully arresting me without offering any explanation. These officers threw me into a waiting saloon car whose number plates I can’t recall, where I found workers from Quality Parts. Instead of offering any clarity about my arrest, they just threatened me, accusing me of being ‘big-headed. Within minutes, they sped off to my son Levi’s home, where he, too, was arbitrarily arrested alongside me,” Byamukama revealed.

Another defender, 62-year-old Byakatonda David, was forcefully arrested by masked gangs wielding machetes, led by a man named Kayumba, affiliated with Quality Parts Uganda Ltd. He revealed, “These men told me that the police had instructed them to arrest me and take me to join the other two who had been arrested earlier (Byamukama and Kabuuka). They forcefully arrested threatening to cause more harm to me in case I tried to resist,” the defender told Witness Radio.

They further revealed that their continued mobilization of community members (villagers) to resist the company’s land grab continues to lead to their criminalization. This continued criminalization highlights the deep-rooted injustices that defenders face when opposing harmful development projects. The trio spent five months on remand at Kaweeri prison, appeared in court over 18 times, and emphasized that their conviction was made in bad faith.

“First of all, this case was unnecessarily delayed, as either the state or the magistrate frequently absented themselves, forcing us to appear in court numerous times. The trial was also unfair, as we were never allowed to defend ourselves. Also, the evidence presented was fake. In the ruling, the magistrate stated that the testimony of four witnesses satisfied the court, yet only three appeared, and even their evidence was questionable,” Mr. Byakatonda further mentioned.

Witness Radio has also established that powerful multinational companies are using police, district officials, and court personnel to aid land grabbing. The same system weakens the poor landowners and forces them to surrender their land for Quality Parts. “When we try to resist, they oppress us. The company tells us they are backed by government officials and other powerful individuals in security forces, which is evident because even when we report our cases to authorities, little or no action is taken. They tell us we have no power to oppose the investors,” Byamukama expressed his disappointment.

On June 21, 2024, the three were convicted of malicious damage to property and sentenced to 30 months in Muyinayina prison despite inconsistencies in the evidence presented by witnesses.

The charges against the community defenders stem from a violent incident on December 6, 2022, when a group of over 20 casual workers linked to Quality Parts Uganda Ltd attacked the village of Kicucuulo, hacked people, and destroyed property, including houses and crops. These workers raided the homes of outspoken community members, cut people with pangas, and beat everyone they found in their homes, threatening to kill them if they didn’t leave the land. Three people were hacked, while properties worth millions of Shillings were destroyed.

Despite the violence they endured that day, those who were hacked and others whose property was destroyed were arrested when they went to report the incident to Mubende police.

Meanwhile, the company workers responsible for the harm remained untouched. At that time, the defenders, Kabuka Levi, Lubwama Robert, Bulegeya Erisa, Byakatonda David, and Byamukama Yuda, were arrested, interrogated, and made to record statements before being released on police bond.

“When we reached Mubende police, we were all arrested and interrogated for almost an hour before recording statements on malicious damage charges. The company claimed we cut its trees, which we did not do,” Mr. Kabuka Levi told Witness Radio in an interview in 2023.

Witness Radio’s investigations have also found out that by the time the alleged tree cutting took place, as said by the company and its witnesses in court, that is the same time, the accused were treating wounds from the previous attack by the company workers, raising questions on whether the accused were the real suspects.

“It is unfortunate that people accused of committing land-related crimes against the ‘investor’ are landowners who have for generations occupied and cultivated their land until they faced this violent land grab. Duty bearer agencies have been captured and are being used to target defenders and activists pushing back forced evictions,” Witness Radio’s Team Leader Jeff Wokulira Ssebaggala said.

The Mubende Magistrates Court eventually dismissed the case on October 17, 2023, due to a lack of evidence. However, in January 2024, the three Byamukama, Byakatonda, and Kabuuka were arrested, charged, and convicted again for the same offense of cutting the company’s trees.

This trend of persecution has instilled fear in the majority of the community, with a saying: “You accept what the company wants, or you go to jail for opposing it.” Other individuals arrested for resisting the company’s land grab include Kaberuka Fenehansi, who died last year while serving a prison sentence; Sinamenya Paul, Ssemombwe Richard, Ategeka Esau, Bukenya Godfrey, Ssebanenya Yona, and Sserugo Sam, all serving sentences ranging from 15 to 34 years.

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Details Revealed: Who’s a Taiwanese Investor linked to forcefully taking over 2500 hectares of land that belonged to local farmers in the Mubende district for a tree plantation project?

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By Witness Radio team.

A new wave of industrial tree plantation projects rapidly expands across Africa, significantly impacting local lives and livelihoods. Investors have continued to pour large sums of money into these plantations for carbon credits, timber, and other business projects. As companies seek more land for expansion, the burden often falls on communities whose land is targeted to host the project. This practice, known as ‘land grabbing, ‘involves the large-scale acquisition of land by investors, often at the expense of local communities.

Ugandan communities are among those hardest hit by the effects of these investments. Witness Radio Uganda’s investigation has uncovered a pressing issue: over 2000 people living in more than 10 villages have been evicted by a Taiwanese tree-planting company in the Mubende district. This situation demands immediate attention and action.

Quality Parts Uganda Limited, incorporated in 2000, operates plantations of pine and eucalyptus trees on grabbed land in Mubende district, southwestern Uganda.

The company is currently owned by Taiwanese investor Chang Shu-mu, commonly known as Martin Chang, and his wife, Anna Kyoheirwe. According to Witness Radio’s findings, Chang’s wife, Anna Kyoheirwe, owns 55 percent of the shareholding of the Quality Parts Uganda Limited company, while Chang owns the rest, 45 percent.

Initially founded in November 2000 by four individuals—Chang Shu-mu, Teng Chien Hwa, Yang Tien Won, and Phillip K.T. Chang. Quality Parts Uganda Limited underwent a leadership change in 2009. That year, the company appointed Anna Kyoheirwe as a new director, replacing the trio of Teng Chien Hwa, Yang Tien Won, and Phillip K.T. Chang.

Quality Parts Uganda Limited is also the Ugandan distributor of a Taiwanese company called TPI Bearings, which makes various ball bearings used in multiple industries, including automotive and household appliances.

Since 2011, when the company entered the land, more than 2590 hectares belonging to thousands of local farmers have been forcefully taken, and the investors continue to expand their boundaries, targeting more land.

The land taken so far has been hosting eleven (11) villages: Butoro, Kyedikyo, Nakasozi, Namayindi, Kitebe, Kisiigwa, Namagadi, Mukiguluka, Busaabala, Ngabano, and Kicucuulo, located in Maduddu and Butoloogo sub-counties, Mubende district.

Eighty-four (84%) percent of the Ugandan population still lives in rural areas, and agriculture remains the primary source of income and the main pathway out of poverty for most Ugandans.

Agriculture is the backbone of Uganda’s economy, employing about 70% of the population and contributing around 25% of the country’s GDP.

Local farmers, who were found lawfully occupying and cultivating their land to grow food for their families, to be able to send their children to school, and to meet basic needs, have been unfairly targeted. Dozens have been framed as criminals and are now languishing in prisons, including Muyinayina government prison. The investors have criminalized their garden tools and pieces of land to make profits, leaving them in a dire situation.

Decent living has become a serious challenge as victims of a land grab cannot find houses to stay in, no land to grow food for their families, and children have since dropped out of school.

We urge you to join us in this campaign to hold Chang Shu-mu, the owner of Quality Parts Limited, and his wife, Anna Kyoheirwe, responsible for gross human rights abuses. Your involvement is crucial in bringing about accountability and justice in this situation.

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