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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

The abducted community land rights defender is found and released on a police bond.

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By Witness Radio Team.

A Kawaala Zone II community land rights defender who was waylaid and arrested by eight (8) armed policemen has been found at Old Kampala regional police headquarters and released without a charge.

On 31st/10/2022, armed Policemen arrested Kabugo Michael who was due to set off for a community meeting between the residents, Witness Radio – Uganda, and the Accountability Counsel intended to discuss issues surrounding their land interests targeted by the infrastructural project.

Kabugo is a community land rights defender in Kawaala Zone II Rubaga division, Kampala district. He is one of the community land rights defenders facing reprisals for defending the community’s land targeted by Kampala Capital City Authority (KCCA) for a drainage channel construction and expansion project funded by the World Bank.

After a long day search for the abducted community defender, Witness Radio lawyers found him held at the Old Kampala regional police headquarters.

Mrs. Adongo Sarah, one of the victim’s lawyers said the police reviewed an old file where the victim was accused of ‘fraud’ and re-interviewed him.

“He was able to make an additional statement, and his police bond and that of his other colleagues accused alongside with on the old file was extended to Friday 4th November this year.” She added.

She further said Michael’s arrest was arbitrary, adding that even the Officer in Charge of the case at Old Kampala Regional Criminal Investigations Department could not give reasons.

The victim’s lawyers believe these increased actions of arrests, kidnaps, and detentions of Kawaala community land rights defenders are reprisals for their work of opposing

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Defending Land And Environmental Rights

Breaking: A Kawaala community land rights defender kidnapped and taken to unknown destinations, others on the run.

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By Witness Radio-Uganda.

Armed Policemen have this morning waylaid and arrested a community land rights defender in Kawaala zone II Rubaga division, Kampala district, Witness Radio-Uganda has learned.

Mr. Kabugo Micheal is a renowned community land rights defender who advocates for fair compensation of the community land on an ongoing project of Lubigi drainage channel expansion funded by the World Bank and implemented by the Kampala Capital City Authority (KCCA).

According to eyewitnesses, the defender was at Mr. Kasozi’s home (one of the community defenders) before setting off for a community meeting between the residents, Witness Radio – Uganda, and Accountability Counsel. The meeting was to discuss issues surrounding their land interests targeted by the infrastructural project.

“As he was sitting on a Boda (motorcycle taxi driven in Uganda and other East African States), police rounded him up before his arrest. We saw him being manhandled. They (police) forced him onto one of the police bodas before he was taken to unknown destinations.” Said an eyewitness.

Another eyewitness further explained that he was arbitrarily arrested by eight (8) armed policemen on a police patrol

Mr. Kasozi Paul Ssengendo who also witnessed the arbitrary arrest of Michael said police are targeting them with arrests because of their work to resist forced eviction by Kampala Capital City Authority.

“I am currently on the run. I was a target of police but I managed to escape.” The defender told Witness Radio.

In June this year, Mr kabugo and 5 others were arrested and falsely charged with forgery, a charge they said is retaliation for their work in fighting for their land rights.

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Accountable Development To Communities

Breaking: Court dismisses a criminal case against a community land rights defender for want of prosecution.

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By Witness Radio Team.

Kiryandongo. A criminal trespass case against a community land rights defender has been dismissed over the prosecution’s failure to adduce evidence before the Chief Magistrate Court that pinned the community defender on the alleged charges.

On 27th October 2021, Kiryandongo Chief Magistrate Court charged Otyaluk David with criminal trespass and remanded him to Masindi prison. He was later granted court bail and since then, he has been traveling 48 kilometers to and from court every fortnight.

Before he was presented before a court, Otyaluk was kidnapped and illegally detained in Kiryandongo Central Police Station (CPS) cells for five (5) days for trespassing on a piece of land he (Otyaluk) had lived and cultivated since he was born.

In the afternoon of 21st October, two (2) armed men cladding Uganda People Defense Forces (UPDF) uniform and police personnel raided Otyaluk’s home and got him kidnapped to an unknown destination. UPDF soldiers guard Kiryandongo Sugar Limited plantations.

“On the day of his kidnap, Otyaluk was found praying in his house. In a blink of an eye, the defender was rounded up and bundled onto a vehicle owned by Kiryandongo Sugar Limited, forcefully evicting us off our land. We later learned that he was taken into evictor’s facilities where he was kept for some time before being transferred to Kiryandongo CPS” A family member remembers.

A family member further added that before the kidnap, Otyaluk’s family had lost about 12 acres of land to Kiryandongo Sugar Limited.

“Company workers under the protection of soldiers brought a tractor and plowed acres of semi-mature maize, beans, sorghum, and sim-sim. We were only left with a small piece of land where our house sits and we are currently trapped in the middle of a sugarcane plantation” a family member added.

Since the trial period was announced, the prosecution failed to bring witnesses to pin Otyaluk for trespassing on his land. It was only on the 19th of July, 2022 during a court session, one Adamuru Peter, allegedly to be a company manager turned up as a company representative but not as a witness.

In her ruling last week, a magistrate at Kiryandongo Magistrate court discontinued the trial of Otyaluk and dismissed the case.

Otyaluk is one of the luckiest among hundreds of community land and environmental rights defenders currently under persecution to have his case dismissed. It’s an order of the day for the community land and environmental rights defenders to be kidnapped, arbitrarily arrested, and tortured on orders of investors for their work of mobilizing the communities to desist land grabs.

Kiryandongo Sugar Limited is among multinationals forcefully evicting over 35000 local and indigenous people off their land to give way to large-scale agribusinesses.

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, Rai Ply, and Webuye Panpaper.

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

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

“Court has shown today that the company is maliciously arresting us to keep us in jails. To weaken our hearts, wasting our time and resources. They intentionally do this because we refused to surrender the land we have lived on for years. It is shaming that the government has failed to protect the rights of the poor people.” The defender noticed.

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