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Appellate Division of the East African Court of Justice (EACJ) to hear an Appeal filed by CSOs which seeks to reinstate a petition against the construction of the EACOP project tomorrow.

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By Witness Radio team.

In a stirring development for environmental and human rights advocacy in East Africa, the Appellate Division of the East African Court of Justice (EACJ) is set to hear an appeal that four East African civil society organizations (CSOs) filed to re-instate the petition challenging the construction of East African Crude Oil Pipeline (EACOP) project.

The organizations spearheading this appeal include the Africa Institute for Energy Governance (AFIEGO) from Uganda, the Center for Food and Adequate Living Rights (CEFROHT) also from Uganda, Natural Justice (NJ) based in Kenya, and the Centre for Strategic Litigation (CSL) from Tanzania.

This appeal comes in response to a ruling handed down in November 2023 by the Court of First Instance at the EACJ, which dismissed the case on ground that it was filed out of time.

The pipeline, spanning 1443 kilometers from Uganda to Tanzania, has been met with fierce opposition from many groups and environmental activists all over the world, who argue that it violates key East African and international treaties, as well as laws safeguarding human rights, environmental conservation, biodiversity, and the protection of Lake Victoria.

According to activists, the EACOP project is traversing through sensitive ecosystems, including protected areas and internationally significant wetlands, posing threats to biodiversity and ecosystems that local communities depend on for their sustenance posing grave environmental risks.

Furthermore, the project also termed as a curse by the majority of the would-be beneficiaries due to displacement of thousands of individuals from their ancestral lands, and human rights violations/abuses.

Despite the setback of the initial dismissal, the four organizations pressed forward their pursuit of justice.

In their appeal, groups contend that the Court of First Instance erred in its ruling, and want the Appellate Division to reinstate their case.

Mr. Dickens Kamugisha, the CEO of AFIEGO, expressed that they remain resolute in their pursuit of justice through the East African Court of Justice and other courts.

He further mentions that millions of East Africans have high hopes in the regional court to protect their socio-economic and environmental rights and help them continue advancing their aspirations for climate change mitigation and clean energy.

Mr. Kamugisha added that they maintained hope that the court would prioritize the rights of East Africans over the profit-seeking endeavors of large corporations, even if it came at the expense of people.

According to the Executive Director of Natural Justice, Ms. Farida Aliwa, the EACOP and related projects have already led to serious human rights abuses, including evictions, assaults and environmental destruction

“In the interests of justice, we believe that this case needs to be heard at the East African Court of Justice, as a positive outcome will be good for the East African people and planet. The Court has the power to affirm that the governments, investors, and companies violate both national and international laws and that the EACOP project must be stopped. We trust that the East African Court of Justice will see this, and decide to hear the merits of this case.” She revealed.

The case will be heard tomorrow 9:00 East Africa Standard Time at the Court of Appeal of the East African Court of Justice.

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Happy 2025 to you all! Please join Witness Radio again this year to protect thousands of local farmers who are losing their land to a tree plantation owned by a Taiwan investor.

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By Witness Radio team.

Dear supporters and followers, we are deeply grateful for your continued support and commitment to our cause. Your involvement is crucial as we navigate the challenges ahead. Welcome back from the festive holidays.

At Witness Radio, breaking off for a holiday was not possible because we received devastating news about the sentencing of three community activists to Muyinayina prison before the Christmas and New Year’s holidays. Prisoners include, Byakatonda David, Kabuuka Levi, and Byamukama Yuda. Prisoners include, Byakatonda David, Kabuuka Levi, and Byamukama Yuda. Byamukama is the Kicucuulo Local Council One Chairperson. Their imprisonment is a grave injustice that we cannot ignore.

The situation in the Mubende district is urgent and cannot be overstated. The activists are currently held in Muyinayina prison, located in southwestern Uganda, and their immediate release is crucial.

A magistrate court in the Mubende district deemed the trio’s activities, which were aimed at defending their community’s land, criminal. This unjust ruling led to a 30-month jail sentence, a grave injustice that we cannot ignore.

We chose to sacrifice our holidays to visit the victim’s local farmers. We started with visiting prisoners at Muyinayina prison. However, upon reaching the prison, we were informed by officers at the prison’s quarter-guard that the prison authority had banned all prison visits in the country until mid-January 2025 due to the Christmas holiday. We engaged the Muyinayina prison administration about our visit as lawyers, and eventually, we were allowed in and met our clients. Despite being incarcerated, very calm, confident, and committed activists felt energized by our visit.

See brief facts from the fact-finding mission below;

  1. The investor, with the help of Mubende district police and other private security firms, has seized over 2,590 hectares so far and continues to expand.
  2. Mubende district police and investor’s workers continue to invade the homes of the community, defenders, activists, and leaders opposed to the illegal eviction in the wee hours and cause arbitrary arrests.
  3. The investor is claiming land that hosts ten (10) villages occupied by thousands of smallholder farmers.
  4. The investor’s name was established as Mr. Chang Shu-mu, commonly known as Martin Chang, and his wife was Anna Kyoheirwe.
  5. Locals report cases of violence and destruction of properties against the investor to police but are not investigated as all perpetrators are enjoying their freedoms uninterrupted.
  6. The trio claim they were unheard of before a prison sentence was passed.
  7. Locals have raised their concerns with various government offices, including the office of the Resident District Commissioner (the president’s representative at Mubende district). However, no intervention has been made, and forced evictions continue unabated.

The situation is dire and requires immediate action. We urge you to join us in demanding a review of the case file, protection of the community’s land rights, and, most importantly, a thorough investigation into the conduct of the Mubende district police and investor’s workers. Those in power must be held accountable for their actions.

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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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COP16 in Riyadh: World Leaders Commit $12.15B to Combat Land Degradation and Drought

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The 16th Conference of the Parties (COP16) to the United Nations Convention to Combat Desertification (UNCCD) has concluded in Riyadh, marking the largest and most inclusive conference in the organization’s history.

With over 20,000 participants, including global leaders, scientists, private sector representatives, and civil society groups, the conference laid out bold strategies to address land degradation, drought, and desertification.

The highlight of the conference was the announcement of the Riyadh Global Drought Resilience Partnership, which secured $12.15 billion in pledges to support drought-affected regions in 80 vulnerable countries, including Uganda.

This funding aims to strengthen food security, promote sustainable land management, and protect ecosystems from the growing impacts of climate change.

For Uganda, where over 40% of the population relies on agriculture, this commitment offers hope for combating the devastating effects of prolonged droughts in the cattle corridor and other semi-arid regions.

In a move to enhance global preparedness for droughts, COP16 launched an AI-powered Drought Observatory, a groundbreaking tool designed to provide real-time data and predictive analysis.

Uganda, with its ongoing challenges in monitoring and responding to climate impacts, stands to benefit immensely from this technology, which will enable the government to anticipate and respond effectively to severe drought conditions.

This could mitigate the recurring food insecurity and water scarcity issues faced by communities in Karamoja and other drought-prone areas.

H.E. Abdulrahman Abdulmohsen AlFadley, COP16 President, in his closing remarks, stated:

“This session marks a turning point in raising awareness and strengthening efforts to restore land and build resilience. The Riyadh Declaration sends a clear message: the time for decisive action is now.”

For Uganda, this turning point is critical as the country battles desertification in key ecosystems like the cattle corridor and Lake Kyoga basin, which threaten biodiversity, agriculture, and livelihoods.

With only 6% of land restoration funding currently coming from private sources, COP16 introduced the Business for Land initiative to increase private sector engagement in land restoration.

Over 400 companies participated in discussions on sustainable finance, environmental, social, and governance (ESG) practices, and strategies to mobilize private investment for land restoration projects.

Uganda, which has already seen successful private-sector participation in conservation projects such as carbon trading and reforestation in areas like Mabira Forest, could tap into this global momentum to attract more investments for land restoration initiatives.

To promote inclusivity, COP16 placed women and youth at the forefront of the fight against land degradation. Key outcomes included:

The launch of youth-led initiatives to drive grassroots climate action.

Adoption of gender-responsive policies to ensure equitable participation in land restoration efforts.

For Uganda, these measures are especially relevant.

The country has a youthful population and strong women-led grassroots organizations that are already leading efforts to promote climate resilience through tree planting and sustainable farming practices.

The resolutions adopted at COP16 provide a framework for scaling up these local efforts while ensuring inclusivity and equitable representation.

Scientific data presented at COP16 painted a dire picture of the planet’s land resources:

77.6% of Earth’s land is drier today than it was 30 years ago.

40.6% of the planet is now classified as drylands, threatening ecosystems, food security, and livelihoods.

For Uganda, this data underscores the urgent need for action.

With parts of the country already facing desertification and reduced rainfall patterns, the findings highlight the importance of restoring degraded lands like Nakasongola and tackling deforestation in critical areas such as Mount Elgon.

As COP16 wraps up, attention now shifts to COP17, which will take place in Mongolia.

Delegates will continue discussions on establishing a global drought regime, building on the momentum and progress achieved in Riyadh.

For Uganda, the outcomes of COP16 represent a pivotal moment.

The historic commitments, technological innovations, and inclusive policies offer the country an opportunity to address its growing environmental challenges.

If implemented effectively, these resolutions could help Uganda restore its degraded lands, safeguard livelihoods, and build resilience against future climate shocks, positioning the country as a leader in sustainable land management in Africa.

Source: nilepost.co.ug

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