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Appellate Division of the East African Court of Justice (EACJ) rejects the request to dismiss the EACOP appeal case.

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By Witness Radio team.

The Appellate Division of the East African Court of Justice (EACJ) has rejected a request by the Tanzanian government to dismiss an appeal filed by four East African civil society organizations (CSOs) seeking compliance with the East African Crude Oil Pipeline (EACOP) with regional and international human rights standards.

Tanzania’s Deputy Solicitor General, Mr. Mark Mulwambo, requested the judges dismiss the Appeal, arguing that the record of proceedings from the hearings held at the First Instance Division was missing. The record of proceedings includes the CSOs and respondents’ submissions. He added that, without it, the judges at the Appellate Division could not determine whether the First Instance Court erred in the ruling that they made.

However, the court could not grant his request. Instead, it ordered the four CSOs that filed the Appeal to file supplementary information so that the judges could hear the case.

The Appeal will be heard by a panel of judges from the Appellate Division of the EACJ, including Justice Nestor Kayobera, the division’s president; Justice Anita Mugeni, the Vice President; Justice Kathurima M’Inot; Justice Cheboriona Barishaki; and Justice Omar Othman Makungu. These judges, with their expertise in regional and international law, will review the Appeal and make a final decision.

The Appeal was filed by four CSOs, including the Africa Institute for Energy Governance (AFIEGO) from Uganda, the Centre for Food and Adequate Living Rights (CEFROHT) from Uganda, the Natural Justice (NJ) from Kenya, and the Centre for Strategic Litigation (CSL) from Tanzania, in December 2023. This was in response to the dismissal of their case, which sought compliance with the East African Crude Oil Pipeline (EACOP) with regional and international human rights standards, by judges at the First Instance Division of the EACJ in November 2023.

During the dismissal, the court ruled that the applicants filed the petition out of time, stating that the petitioners should have filed the petition as early as 2017 instead of 2020. The court also ruled that it did not have jurisdiction to hear the case, meaning it did not have the legal authority to decide on this matter. These decisions were based on legal precedents and the specific circumstances of the case.

The CSOs were ordered to file the record of proceedings by Justice Nestor Kayobera by November 29, 2024.

The court session was attended by EACOP-affected communities from both Uganda and Tanzania. Among them was Mr. Gozanga Kyakulubya, an affected person from Kyotera District in Southern Uganda, who traveled to Arusha to participate in the hearing. His personal story underscores the profound impact of the EACOP on the lives of these communities.

He shared his grievance, stating, “I came to the court because I have a lot of pain. My land was taken for the EACOP, and before I was paid, it was fenced off. The government of Uganda also sued me because I rejected the low compensation offered by EACOP. We need at least one court to be fair to EACOP host communities, and we hope the East African Court of Justice will be that court.”

The EACOP has been designed, constructed, financed, and operated through a dedicated Pipeline Company with the same name. The shareholders in EACOP are affiliates of the three upstream joint venture partners: the Uganda National Oil Company (8%), TotalEnergies E&P Uganda (62%), and CNOOC Uganda Ltd (15%), together with the Tanzania Petroleum Development Corporation (15%).

The 1,443km pipeline will eventually transport Uganda’s crude oil from Kabaale—Hoima to the Chongoleani peninsula near Tanga Port in Tanzania.

Climate activists and civil society organizations, however, continue to oppose the project, claiming that it will harm several fragile and protected habitats irreversibly and violate key agreements and treaties.

The potential environmental damage is a cause for concern among these groups.

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Gov’t Land Grabbed by Gov’t Officials: Minister Exposes Fraud Inside Lands Ministry

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Government land across Uganda is increasingly being grabbed, encroached on and fraudulently titled, with some officials in the Ministry of Lands, Housing and Urban Development accused of facilitating illegal transactions, State Minister for Lands, Harriet Ntabazi, has said.

Ntabazi said some high-ranking government officials with access to information in the ministry had acquired titles on public land, while others had illegally occupied government property and were using it for activities not authorised by government. She also accused some ministry officials of deliberately issuing multiple titles on the same piece of land despite records showing the property belongs to government.

She said government is strengthening land information systems to prevent fraudulent transactions and improve integrity of land records. Ntabazi made the remarks on Tuesday during a regional stakeholders’ engagement on development of a comprehensive government land inventory organised by the Uganda Land Commission (ULC) at Hoima Resort Hotel in Hoima City.

She cautioned individuals illegally occupying government land to voluntarily vacate before enforcement measures are taken. She said government land, including property occupied by health facilities, police stations, district headquarters, markets, schools, road reserves, forests, game reserves, wetlands and other public institutions, must be protected from encroachment and fraud.

Ntabazi urged district technical officers, town clerks, land officers, physical planners, surveyors, natural resources officers and political leaders to ensure accurate information about public land is collected and submitted to relevant authorities. She said districts should take responsibility for establishing accurate inventories of government land instead of waiting for the Ministry or ULC.

The minister said government has embarked on identifying, verifying, profiling, registering and titling all its land to protect it from illegal occupation and land grabbing. She cited Section 3.7, Statement 27 of the National Land Policy 2013, which requires government to audit, survey, title and maintain an inventory of government and public land.

Ntabazi called on leaders and stakeholders in Bunyoro and across the country to take active role in identifying and documenting government land in their areas. She said the exercise would also enable government to establish a land bank for future expansion, industrialisation, infrastructure development and investment.

The minister however reassured lawful landowners that the exercise was not intended to dispossess people who had legally acquired land in good faith. She emphasised importance of protecting government land in Bunyoro, citing the region’s strategic importance due to ongoing oil and gas developments, construction of Kabalega International Airport and other major infrastructure projects.

ULC: Most Gov’t Land Untitled

Prof. Pen Mogi Nyeko, Chairperson of the Uganda Land Commission, said a significant portion of government land remained untitled, exposing it to encroachment and fraudulent acquisition. Nyeko said the Commission, the Ministry of Lands and local governments need to work together to protect public land.

He said a comprehensive government land inventory would help reduce land disputes arising from inadequate records while protecting environmentally fragile areas and public utility corridors. Nyeko added that reliable geospatial land data is essential for infrastructure development, service delivery and effective planning.

He called on religious institutions, civil society organisations and opinion leaders to mobilise communities to provide information about leases granted by or obtained from government.

Hoima LCV Chairperson Uthman Kadir Mugisa said the district had so far titled 60 percent of its government land, adding that local government allocates funds annually towards securing titles for public property.

However, Mugisa raised concern over allegedly fraudulent titles acquired by wealthy individuals and speculators, saying some were being used to threaten hundreds of residents with eviction. He asked the Ministry of Lands to investigate how the titles were obtained and cancel those found to have been fraudulently acquired.

Hoima City Mayor Edward Isingoma said increasing population was putting pressure on land in Bunyoro. He asked the Ministry to consider providing free land titles to residents, arguing that cost and bureaucracy made the process inaccessible to many.

Buliisa LCV Chairperson Twairi Atuhaure Wandera also reported increasing cases of land grabbing in the district, saying the situation had left many residents uncertain about security of their land.

He called on the ministry to extend free land titling services to residents through the Systematic Land Adjudication and Certification (SLAAC) programme.

Hoima Resident City Commissioner Badru Mugabi said about 70 percent of their work involved resolving land-related disputes, reflecting growing pressure on land in Bunyoro. He said some wealthy individuals had encroached on government land, adding that the proposed inventory would help safeguard public property.

The engagement attracted district surveyors, district land board committees, Resident District Commissioners, Chief Administrative Officers, LCV chairpersons and town clerks from across Bunyoro sub-region.

Source: -URN Via businessfocus.co.ug

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Uganda’s drive to expand oil palm farming is stirring unease among rural communities, who worry about the far-reaching effects on their lives and land.

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By the Witness Radio Team

From Kalangala to Buvuma and Sango Bay, oil palm development has brought worries about land loss, delayed compensation, and dwindling access to natural resources. Now, as the government sets its sights on Busoga, community land defenders are questioning whether this expansion will truly uplift rural households or repeat the hardships seen elsewhere.

In Buvuma, community land defender Atanansi Musagala says some residents who surrendered land for oil palm development have waited years for compensation, some reportedly as long as a decade.

He says these delays have left families grappling to rebuild their lives after losing the land that once sustained them.

“Land is often the foundation of household survival. Families cultivate food crops, raise livestock and earn income from agricultural activities. It can also serve as a financial safety net, allowing households to sell produce or use their property to support other investments during difficult times,” Musagala told Witness Radio.

“When families lose this resource without timely compensation, rebuilding their livelihoods becomes more difficult. They may have to find alternative land, seek casual employment or depend on relatives to meet basic needs. Children’s education, household food consumption and other essential expenses may compete for whatever income remains available.”

“Even when compensation eventually arrives, the money may no longer be sufficient to purchase equivalent land or restore the economic activities that families previously depended on,” he added.

The worries about land loss and threatened livelihoods stretch beyond Buvuma. In Kalangala, the birthplace of Uganda’s oil palm program, women’s rights and land defender Prossy Gwobikira says the expansion has also strained communities’ access to natural resources and sparked environmental fears.

“You see, hundreds of people were evicted to give way for oil palm. They cut forests to plant these palm trees, and now they have gone on to destroy our lake by planting trees in the buffer zone,” she said.

In Sango Bay, Kyotera District, oil palm development has been shadowed by bitter disputes over land acquisition and compensation.

In 2022, as the government moved to clear land for the project, reports surfaced of evictions in the Sango Bay Estate. Bulldozers tore down structures belonging to those labeled as encroachers across roughly 247 square miles.

At the time, the government said it was prepared to compensate only 300 people considered bona fide occupants, out of an estimated 10,000 households living in the area.

Reports suggested that compensation had begun, yet uncertainty lingered for the many households still unsure how their claims to land and property would be resolved.

Anxiety is growing as the government eyes Busoga for oil palm expansion, touting the crop as a solution to boost rural incomes and reduce Uganda’s reliance on imported vegetable oil.

On October 21, Agriculture Minister Frank Tumwebaze told Parliament that Uganda consumes approximately 450,000 tonnes of vegetable oil annually but produces only 80,000 tonnes, leaving a deficit of 370,000 tonnes.

The country spends about US$300 million, equivalent to Shs1.25 trillion, on annual imports, he said.

To address the shortfall, the government plans to expand oil palm cultivation to approximately 100,000 hectares, with a longer-term ambition of reaching between 150,000 and 200,000 hectares within a decade.

Tumwebaze said oil palm produces between four and 10 times more oil per hectare than crops such as soybean and sunflower.

He also said farmers could earn about Shs500,000 per acre per month from the fourth year after planting, with production continuing for about 20 years.

But Musagala warns that farmers also shoulder costs that could eat into their earnings.

“Oil palm takes several years to mature, while farmers must meet the costs of seedlings, fertilizers, labor and other inputs before harvesting begins. Loan repayments can add to the pressure for those who borrow money to establish their plantations.” He added.

In Mayuge, Bugiri and Namayingo, 589.56 hectares are already under oil palm, out of the 2,817 hectares earmarked for cultivation.

As the project spreads into Busoga, community land defenders urge the government to address the challenges already reported in existing oil palm regions.

“People where this project has been, have suffered a lot. We pray that the government learns from the past mistakes and addresses the impacts that have come along with the project so that elsewhere people benefit,” Gwobikira said.

Busoga has already felt the impact of sugarcane cultivation, sparking worries over food security, land use and rural livelihoods. Now, as oil palm production expands, community land defenders are pressing the government to ensure this new investment does not deepen existing problems but instead offers farmers a steady income and safeguards their access to land and food.

 

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Kiryandongo district, a notorious hotspot for land grabs in Uganda: A bitter land dispute spanning 22 years has left residents landless and food-insecure, while the investor anxiously guards his investment.

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Special report by Witness Radio Team

In Uganda’s Kiryandongo district, a simmering land dispute has forced residents into a relentless struggle to reclaim ancestral land. They insist their family roots run deep in this soil, now swallowed by a vast agricultural estate purchased by an investor.

But the owners of Kisirizi Excellence Center (EA) Ltd, whose agricultural venture sprawls across 751 hectares, reject the residents’ claims. Renewed calls to return the land have stirred anxiety about the safety of their investment and the well-being of their farm workers.

“We fear violence. We fear for our investment and the lives of the workers on the farm,” Patrick Byabakama Kaberenge, the company’s managing director, told Witness Radio.

Kiryandongo District, nestled in Uganda’s midwest, has become a battleground for land disputes fueled by large-scale agricultural investments. In 2020, Witness Radio and its partners revealed that these projects had uprooted over 35,000 people from their land. The investigation spotlighted Kiryandongo Sugar Limited and Great Seasons SMC Limited, while in 2023, Somdiam joined the list of companies embroiled in controversial land takeovers for sugarcane cultivation.

Drawn by the district’s fertile soil, major agricultural projects have flocked to Kiryandongo, while oil development has only intensified the scramble for land. Against this backdrop, the Buhomoozi Parish dispute raises urgent questions: How are residents’ land rights safeguarded when new owners take over?

In Buhomoozi Parish, Kigumba Sub-county, the land dispute has ignited passionate demands from residents who say their families have called this land home for generations. Meanwhile, the investor now farming the contested property is seeking government protection for what he believes is rightfully his.

At the heart of the conflict are land deals involving businessman Mutebi Amans Kibibi and Byabakama with his partners. Residents allege these transactions triggered the eviction of over 500 people from their homes.

Documents seen by Witness Radio confirm that Byabakama holds a registered title to the property he claims to have bought from Mutebi. Yet residents challenge the registration’s legitimacy, arguing it now covers land their families have lived on for decades.

Asiimwe Moses Mwendwa, representing some affected residents, told Witness Radio that shifting land ownership and altered mapping have tangled claims and erased cherished community land.

Asiimwe maintained that the Church of God of East Africa and a property associated with Captain Omar Muhammed occupied separate parcels, with community land lying between them.

“We cannot now trace our origin. Our land was not titled, but it existed. People were living on it. When the rich men came in 2004, they evicted us and took it,” he said.

Asiimwe described the disputed land as a 500-acre stretch nestled between two registered properties: Plot 30 at Kisirizi Mixed Farm, owned by Captain Omar Muhammed, and a parcel at Kinyoga-Kaduku under the Church of God of East Africa.

Asiimwe recounted that the trouble began when Mutebi Kibibi acquired two titled properties that flanked land occupied by residents without formal titles. Rather than leaving the community land intact, Mutebi allegedly forced out the residents in 2004 and absorbed their land into a single, consolidated property.

Residents say this process wiped away the boundaries of land their families had known for generations, leaving them homeless and dispossessed. They allege that Byabakama and his partners later took over the property, insisting they bought a single registered parcel from Mutebi.

“Some people had occupied the land since the 1930s. It was terrible. People were evicted, some were beaten, and others lost their lives,” he told Witness Radio.

These allegations raise urgent questions about protecting customary land rights, the murky circumstances of land transfers, and the ethical duties of businesses acquiring contested property.

Uganda’s Constitution protects property rights and prohibits torture and cruel, inhuman or degrading treatment. The Land Act, 1998, also recognizes customary tenure, including rights that may arise from family and communal land arrangements. The application of these protections to the disputed property depends on the facts and the relevant legal records.

At the international level, the United Nations Guiding Principles on Business and Human Rights establish that businesses have a responsibility to respect human rights, avoid causing or contributing to adverse impacts and address harms in which they are involved. The principles also emphasize access to effective remedies for people whose rights have been violated.

Desperate for justice, the affected residents petitioned the State House Lands Unit, urging the government to step in and resolve the dispute.

The State House Lands Unit, which handles land matters, became the residents’ last hope. They hoped this intervention would untangle the competing claims and determine whether the investor’s title truly covered their ancestral land.

Mr. Osaja Peter, a 61-year-old community leader and land defender who says he was born on the disputed land, told Witness Radio that a State House team conducted a site visit and made a decision concerning the dispute.

“A locus visit was done by State House and led by counsel Susan Abbo, and the ruling was that Byabakama should go back on the land that he bought,” Osaja said.

Yet the details and current status of the alleged ruling remain unclear.

Peter recalled that his grandfather settled in Kaduku II, Kigumba, back in the late 1930s. He claims his family lost nearly 70 acres in the turmoil of the disputed takeover.

“At that time, over 500 people were evicted from our land, which covered the three villages of Nyama I, Kaduku II and Kinyonga II. We just saw the bullets, and when people see bullets, they run away. Some have remained lame, while others died because of injuries. Many are struggling to rebuild their lives,” he said.

Mr. Byabakama, now 70 and once the acting deputy governor of the Bank of Uganda, said he and 30 partners founded Kisirizi Excellence Center (EA) Ltd with a vision for commercial farming, focusing on animal husbandry.

“We wanted to do commercial farming,” he told Witness Radio.

In 2006, Byabakama and his partners purchased land at Kisirizi, Plot 80, Block 9, measuring about 751 hectares, from Mutebi Kibibi.

According to documents reviewed by Witness Radio, Omari Mohamed had previously mortgaged the land, but allegedly failed to meet the loan obligations. Uganda Development Bank subsequently exercised its powers under the mortgage arrangement and sold the property to Mutebi Kibibi.

Before sealing the deal, Byabakama said he and his partners conducted thorough due diligence, inspected the land, and confirmed its boundaries with local leaders and community members.

“We spent around three days inspecting the land. Apart from the seller, Mr Mutebi, there was no other person occupying the said land,” he said.

Byabakama said an independent surveyor, Angellus Mawa of Geomaps, opened the boundaries in the presence of community members and local leaders, including then Kigumba Sub-county LC III chairperson Mary Matunda and other officials.

He explained that this careful inspection, combined with checks at the land office, reassured the partners that the property was safe to buy.

“Upon confirming that there were no registered encumbrances on the land at the land office, we agreed to buy the land from Mutebi,” he said.

Yet the residents tell a different story. They allege their land once lay between two registered properties, but was swept up into the land Mutebi acquired and eventually passed to Byabakama.

The affected families formally brought the dispute to the State House Lands Unit’s attention.

In a letter dated July 2023, Susan Abbo, Senior Private Secretary to the President in Charge of Land Matters, invited Byabakama to a meeting on allegations that residents occupied land between two registered properties.

The letter identified one property as Plot 30 at Kisirizi Mixed Farm, associated with Omar Mohammed, and the other as Plot 66, Block 9, at Kinyogonya-Kaduku, registered in the name of the Church of God of East Africa.

According to the letter, the petitioners alleged that Mutebi and Byabakama had acquired the two properties, Kisirizi Mixed Farm and the Church of God of East Africa, and incorporated the intervening land occupied by residents, despite the community’s claims that the land had previously existed as a separate area with identifiable boundaries.

The letter further stated that the petitioners did not object to the purchase of the two registered properties but alleged that the intervening community land had been incorporated into them, resulting in the eviction of residents.

In response to the State House letter, Byabakama disputed the allegation that he had acquired multiple parcels or participated in an amalgamation of community land.

In a response submitted on behalf of the investor, his representatives, H&G Advocates, said their client acquired a single registered parcel identified as LRV 1759, Folio 15, Plot 80, Kibanda Block 9, at Kisirizi, along Masindi Port Road.

“Our client does not know about the alleged amalgamation of two land parcels mentioned in your letter or the persons who allegedly occupied an untitled parcel of land between two alleged titled parcels. Our client bought a single parcel of land comprised in LRV 1759, Folio 15, Plot 80, Kibanda Block 9, at Kisirizi, Masindi Port Road, Masindi. This can be verified from the land office,” the response stated.

Byabakama also said that after the company began commercial farming, nine people complained that a previous owner had given them extremely short notice to vacate their homes before the 2006 purchase.

He said the company asked why the complainants had not pursued the previous owner in court but agreed to help them maintain peaceful relations with neighboring communities.

According to the company’s response to State House, the partners agreed between 2006 and 2009 to provide the nine complainants with household resources and some land for cultivation, with the assistance of local leaders. The company said it believed it had no legal obligation to settle the claims.

But this response left the residents’ deeper grievances unresolved, especially their claims about lost boundaries and the absorption of their land into the registered property.

A State House official, who spoke to Witness Radio on condition of anonymity, said the matter remained under investigation.

“People are saying the land had two titles initially, and that Byabakama’s title overlapped with the others. They have no problem with Byabakama; rather, they have an issue with Mutebi, who sold the land to Byabakama. The land in the middle was also titled with the larger part and also got taken,” the official said.

The official explained that authorities plan to retrace the boundaries of the old properties and compare them with the land now under Byabakama’s title.

“We are going to open the boundaries of the former titles and compare them with his title to find out the truth. We will inform you once the investigations are complete,” the official said.

Former Kigumba Sub-county LC III chairperson Mary Matunda, meanwhile, told Witness Radio that the alleged evictions and burning of houses occurred before Byabakama acquired the property.

She said local leaders knew the incidents happened when Mutebi owned the land and argued that Byabakama and its partners should not be blamed for actions that allegedly took place before their purchase.

Byabakama said the company coexisted peacefully with neighboring communities until residents reignited their demands to return the disputed land.

For the families caught in the dispute, this is about far more than lines on a map. It is about ancestral land, lost homes, shattered livelihoods, and community bonds built over generations that are unraveling.

“What we have suffered is enough. Let the injustices that occurred be solved,” the residents said, vowing to continue pursuing their claims.

For Byabakama and his partners, the dispute casts a shadow over an agricultural investment they insist was acquired lawfully and with careful due diligence.

Now, the fate of the land hangs on the State House Land Unit’s findings from its investigation into the tangled history of transfers and boundaries.

Until those questions are resolved, the residents’ demands and the investor’s defense remain in conflict, leaving the future of the disputed land uncertain.

 

 

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