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Defending Land And Environmental Rights

As the court starts to hear a case filed against Kiryandongo Sugar Limited, president Museveni offers to compensate forced eviction victims

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By Witness Radio Team

President Yoweri Museveni pledged to compensate Kiryandongo Sugar Limited forced eviction victims shortly after the Masindi High court fixed a hearing date.

Today, the 30th May 2022, Witness Radio lawyers, representing the victim community are in court as the hearing of the case kicks off.

A victim community that is part of a bigger group of 35,000 people being forced off their land by several multinationals, has suffered unabated violence and gross human rights violations/abuses orchestrated by government soldiers that grab land on behalf of the company.

Since 2017, a year after the company arrived in the area, human rights violations/abuses ranging from abduction, torture, and inhuman and degrading treatment, keeping people in kangaroo detention centers, rape, defilement, demolition of houses, cutting down food plantations for community members, demolishing of schools and private health centers to plowing gardens have been committed against local communities.

Kiryandongo Sugar Limited is one of the many companies owned by the Rai Group of Mauritius. The dynasty owns several other companies in DR Congo, Kenya and Malawi, and Uganda. A dynasty owns companies such as West Kenya Sugar (which owns Kabras Sugar), Timsales Limited, Menengai Oil Refineries, RaiPly, and Webuye Panpaper.

In Uganda, the Rai Group of Mauritius owns Nile Ply limited, Kinyara Sugar Limited, and Masindi Sugar Limited among others and one of its directors is a shareholder of a British Virgin Islands company, which was listed in the Panama Papers database recently.

The same company has fraudulently gotten a license to replace part of Bugoma natural forest with sugarcane plantation.

Mrs. Anna Maria Mukabaryanga, a mother of 5 is one of the hundreds of victims that have tested the wrath of the army. She sustained serious injuries during forced evictions.

“I was sternly beaten by Uganda People’s Defense Forces soldiers (UPDF) on my back while I was pregnant. They were very many and eventually got a miscarriage and lost my twins. I did not get enough treatment since I did not have money to cater for the bills. I have visible scars and I cannot afford to do any work due to severe pain. It is hurting that I continue to suffer when the foreign company is reaping big on grabbed land. Whereas I lost everything during the evictions, I was not compensated nor treated. I am deeply suffering up to now.” The 32-year-old recounts.

Although Anna Maria and her community have been tormented by forceful and violent evictions, they were blocked to open a case with the area police against the company.

“The police officers attached to Kiryandongo and Kimogola police units refused us to open cases of criminal trespass and destruction of property against the company. When we went to report, we were threatened with arrests, which caused us to abandon our fight for justice,” Anna revealed.

The area Woman Member of Parliament, Hon. Hellen Max Kahunde said her office had been receiving several complaints of forced evictions, human rights violations by armed soldiers guarding Kiryandongo Sugar Company, and the little compensation offered to them.

“People were beaten, arrested, tortured, and forcefully evicted by the company on the land that they called home. People have visible scars resulting from the torture by the army on behalf of the investors. Can you imagine even the company went ahead to deduct the already undervalued properties by 40%? It’s very unfair,” she added.

While commissioning the $60 million equivalent to Uganda Shillings 216 billion, factory last week in Kimogora village in Kiryandongo, President Museveni said that the government will compensate the people despite encroachment on government ranch land.

In his speech quoted by one of Uganda’s dailies, the Daily monitor on Monday 16th, Museveni said, “The squatters had encroached on government ranch land and were not bona fide occupants but are our people. Bonafide occupants are those who had stayed on the land before 1983, but these came much later. The NRM government, however, we will compensate them.”

In 2020, the Kiryandongo affected victims through their lawyers from Witness Radio lodged a case at Masindi High court against the Kiryandongo Sugar Limited over forced eviction and committing human rights abuses/violations. The victims are seeking compensation and to be returned to their land.

The Masindi resident Judge Hon Jessie Byaruhanga fixed the hearing of Miscellaneous Cause Number 12 of 2020 of Otyaluk Ben Wilson and 8 others vs. Kiryandongo Sugar Company

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Defending Land And Environmental Rights

Kawaala community land rights defenders will report for police bond for the fourth time on 1st August.

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By Witness Radio – Uganda team

Kampala, the three community land rights defenders from Kawaala Zone II charged with fraud are reporting back at the Old Kampala Regional Police Headquarters on Monday 1st of August.

It will be the fourth time for the defenders to report for the bond.

While appearing at the station on 18th July 2022, the two of the three defenders were re-arrested and subjected to another interrogation which lasted for one hour between 11 am to 12 pm local time.

They were quizzed by the head of the investigations at the Old Kampala Police headquarters, Deputy Assistant Inspector of Police (D/AIP) Patrick Domara. Land rights defenders Kabugo Michael and Kasozi Paul Ssengendo reported.  The third defender Busobolwa Adam did not turn up due to health-related issues.

On the third time, the two defenders who reported before police recorded additional statements on fraud charges that were preferred against them on July 11th, 2022.

Section 342 of the Penal Code states that forgery is the making of a false document with the intent to defraud or deceive. It carries three-year imprisonment on conviction.

The lawyers representing the defenders said their clients were questioned by the police about their land ownership in Kawaala and the documents proving ownership. Police said that the complainant accuses defenders of forging land sales agreements and occupying land illegally.

The defenders were summoned, arrested, and interrogated on the orders of the Deputy Resident City Commissioner (RCC) in charge of Rubaga Division Anderson Buroora who is accusing them of fraud.

The Resident City Commissioner is a representative of the president in the Capital City at the division level.

However, Witness Radio – Uganda believes that charges preferred against the community land rights defenders are a result of their continued mobilization of the local community of Kawaala to resist forced eviction, seek fair compensation, and resettlement before the Lubigi drainage channel is constructed.

“We challenge the RCC to bring evidence pinning the community land rights defenders on the alleged charges. We believe this is intimidation and continued efforts of fighting back to silence the work of the land rights defenders, wastage of their time and resources,” said one of the lawyers.

Since the first COVID outbreak in 2020, the victim defenders and others have been leading a pushback campaign to stop forced evictions by a multimillion dollars Kampala Institutional and Infrastructure Development Project (KIIDP-2) funded by World Bank. Kampala Capital City Authority (KCCA) is the implementer of the project.

The said project first impacted Kawaala Zone II around 2014, when a channel diversion was constructed. The current planned expansion will widen that channel and require forced evictions across an area at least 70 meters wide and 2.5 km long.

According to Witness Radio-Uganda lawyers, the community which is being forced off of its land without due process started living on that land in the 1940s and did not invite the project on their land.

The defenders will be reporting back on police bond at 10 am local time on the 1st of August 2022.

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Defending Land And Environmental Rights

Police re-arrest and interrogate Kawaala Community land rights defenders upon reporting back on bond.

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By Witness Radio Team

Kampala, Two of the three community land rights defenders from Kawaala Zone II, Kampala suburb have been re-arrested and re-interrogated on fraud charges at Old Kampala Regional Police Headquarters.

The duo had reported back to police on bond on fraud charges for the third time since they were first summoned on June, 29th 2022.

Kasozi Paul and Kabugo Micheal were subjected to another interrogation which lasted for one hour between 11 am to 12 pm local time. They were quizzed by the head of the investigations directorate at the Old Kampala Police headquarters, Deputy Assistant Inspector of Police (D/AIP) Patrick Domara. The third defender Busobolwa Adam could not make it due to health-related issues.

According to defenders’ lawyers, the duo recorded additional statements on fraud charges that were preferred against by police on July, 11th, 2022.

According to defenders’ lawyers, the victims were questioned by the police about their land ownership in Kawaala and the documents proving ownership. Police are saying that the complainant is accusing defenders of forging land sales agreements and occupying land illegally.

Section 342 of the Penal Code states that forgery is the making of a false document with the intent to defraud or deceive. It carries three-year imprisonment on conviction.

The defenders were summoned, arrested, and interrogated on the orders of the Deputy Resident City Commissioner (RCC) in charge of Rubaga Division Anderson Buroora who’s accusing them of fraud.

Resident City Commissioner is a representative of the president in the Capital City at the division level.

Witness Radio-Uganda says that the community which is being forced off its land without due process started living on that land in the 1940s and did not invite the project on their land.

Witness Radio – Uganda further believes that charges preferred against the community land rights defenders are a result of their continued mobilization of the local community of Kawaala to resist forced eviction, seek fair compensation and resettlement before the Lubigi drainage channel is constructed.

Since the first COVID outbreak in 2020, the victim defenders and others have been leading a pushback campaign to stop forced evictions by a multimillion dollars Kampala Institutional and Infrastructure Development Project (KIIDP-2) funded by World Bank. Kampala Capital City Authority (KCCA) is the implementer of the project.

This project first impacted Kawaala Zone II around 2014, when a channel diversion was constructed. The current planned expansion will widen that channel and require forced evictions across an area at least 70 meters wide and 2.5 km long.

The defenders were released on a police bond and required to report back on the 1st of August 2022 at 10 am local time.

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Defending Land And Environmental Rights

Six community land rights defenders from Kawaala have turned up at police for interrogations but, failed to take off

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By Witness Radio Team.

The six community land rights defenders from Kawaala zone II and the local leader that were summoned to appear at the Old Kampala Regional Police Headquarters have turned up, however, the interrogations did not take off due to the absence of the head of investigating team.

The six community defenders were required to report back to police for further investigations into alleged crimes that have not yet been officially disclosed to defenders’ lawyers. They were supposed to appear before the police investigation team today the 06th of July 2022 at 10:00 AM.

The defenders include; Kasozi Paul, Busobolwa Adam, Kabugo Micheal, Serugo Charles, Ssemanda David, Sserukwaya David, and the area vice-chairman Patrick Kato Lubwama.

While appearing before police for the first time last week on Wednesday 29th, the Deputy Assistant Inspector of Police (D/AIP) Domara Patrick who heads the investigations team casually said the defenders and the local leader are being investigated for obtaining money by pretense and forgery, which charges are not mentioned on police summons.

Since the first COVID outbreak in 2020, the victim defenders and others have been leading a pushback campaign to stop forced eviction by a multimillion dollars Kampala Institutional and Infrastructure Development Project (KIIDP-2) being implemented by Kampala Capital City Authority (KCCA). The drainage channel construction is financed by the World Bank.

This project first impacted Kawaala Zone II around 2014, when a channel diversion was constructed. The current planned expansion will widen that channel and require forced evictions across an area at least 70 meters wide and 2.5 km long.

Witness Radio – Uganda has established that the Deputy Resident City Commissioner (RCC) in charge of Rubaga Division, Mr. Anderson Burora is among the complainants. Resident City Commissioner is a representative of the president in the Capital City at the division level.

Witness Radio – Uganda believes that police are being used to harass and intimidate defenders to back off the justice campaign for people negatively impacted by the drainage channel.

The defenders and the local council leader have been booked to report back to the police on Monday, the 11th of July 2022 at 9:00 AM local time.

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