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Bamugemereire blasts judges, courts over land grabbing

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A Court of Appeal judge has in a no-holds-barred missive exposed the rot in courts and Judiciary, offered evidence on how judges connive with land grabbers, and lashed out at what she called the “wanton abuse” of criminal justice system.

Justice Catherine Bamugemereire, who also chairs the Commission of Inquiry into Land Matters has condemned “bogus judgements and orders” in the eviction of bibanja holders, and warned that if the Judiciary, the third arm of the State, “does not rise to the occasion, it will be captured wholly by land grabbers and used as a catalyst of untold social distress arising from pressure on land”.

Justice Bamugemereire’s verbal assault on the abuse of courts at a news conference on Friday, came four years after Anup Singh Choudry, a retired High Court judge also complained about corruption in the ‘temple of justice’ and accused senior lawyers and judges of conniving with the Attorney General’s office to defraud “impoverished” Ugandans.

Call for action
The judge called for stern action against a racket of ‘mafias’ in the country’s judicial system.
Criticising judges, Justice Bamugemereire said her team encountered a rising number of orders, rulings, judgments and injunctions entered by judicial officers which have led to eviction of thousands of bibanja holders [bona fide tenants] or giving away protected land like forest reserves and wetlands countrywide. She has recommended an urgent review of all judgments issued by the courts on matters of land.

Judiciary’s senior communications officer Solomon Muyita told Sunday Monitor that the Judiciary’s top management would convene soon next week to respond to Justice Bamugemereire’ s concerns.
He said the meeting will come up with possible solutions, adding: “There has been engagements before and the Judiciary also appeared and gave their position on some of those issues.”

Bamugemereire’s full statement

Date: October 26, 2018

Press release on the presenting role of the judiciary in catalysing rising land distress, grabbing of protected and fragile areas causing landlessness and a state of lawlessness.
The commission of inquiry has recently been faced with a number of developments on land for which a deserving press brief needs to be given. Notably, in the process of inquiring into the effectiveness of law, policies and processes of land in Uganda, the commission of inquiry has encountered a rising number of orders, rulings, judgments, and injunctions entered by judicial officers which have led to the eviction of thousands of bibanja holders or the giving away of land protected by gazette as a forest or wetland.

In a recent judgment, arising out of Civil Suit 885 of 2017, Justice Godfrey Namundi, on June 28 2018, ruled that about one square mile that is actually part of Kajjansi Central Forest Reserve belonged to Eria Mubiru, Vivian Keza and Peninah Busingye Kabingani, simply because they have land titles over the land.
This ruling was made in spite of the fact that a copy of the Legal Notices gazetting the forest, dated 1932, 1948, 1968 and 1998, were tendered as evidence before court. The judge declared National Forestry Authority (NFA) trespassers on the “forest reserve” because they had attempted to stop the encroachment, and awarded costs of the suit plus general damages of Shs200m against NFA. This judgement carries the import of degazetting a central forest reserve. Degazetting is the sole preserve of the Parliament of Uganda and not the High Court of the Judiciary of Uganda.

Relatedly, up to four court orders have been granted over Namanve Forest Reserve where titles were issued on an existent forest reserve. As a result of originating summons No. 9 of 2014, up to 50 private security guards were deployed on the land triggering a stand-off between UPDF [Uganda People’s Defence Forces] and NFA rangers. In this case, the court directed the commissioner of land registration to create hitherto non-existent plots in the forest reserve. Some judges and high-level government officers have been named in this forest reserve grab. The commission notes that speculators who get insider information on where future projects will be situated, desire titles in areas such as central forest reserves hoping to be paid astronomical compensation arising out infrastructural project over such areas. The preceding area is one such area bringing a convergence of projects such as the Bukasa Port, the Standard Gauge Railway, among others.

Further, more than 12 square miles of Bugoma Central Forest Reserve have been handed to Hoima Sugar Works through a ruling of court that reversed the cancellation of title to the land by the commissioner of land registration.
The commission continues to investigate sand mining in Lwera where individuals collude with officials from National Environmental Management Agency (Nema). Nema grants licences to mine the sand. The individuals then use these licences to apply for lands titles whose issuance contravenes the law as they are made over gazetted areas. Such activities have threatened fish breeding areas of Lake Victoria whose effects can be potentially catastrophic.
Multiple evictions in Entebbe, Wakiso, Mityana and Mubende [districts] have all been authorised by judicial officers. Some of these matters are under investigation by the commission.

Daily Monitor

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WITNESS RADIO MILESTONES

Land grabbers evict 360,000 Ugandans in 2024

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A staggering 363,021 Ugandans were displaced due to forced land evictions between January and June 2024, according to a new report by Witness Radio Uganda.

The report documented 90 cases of land evictions during this period, with nearly four incidents occurring weekly, affecting over 15,126 people and threatening 5,060 hectares of land nationwide.

The Central region was the epicenter, recording 52 eviction cases, followed by 24 in the Western region, eight in the Northern region, and six in the Eastern region. Alarmingly, the report estimated that 2,160 Ugandans face eviction daily, with 723 hectares of land at risk of being grabbed every day.

VIOLENCE AND HUMAN RIGHTS VIOLATIONS

Despite government promises and directives from President Museveni to halt evictions, land grabbers have routinely ignored these orders, often resorting to violence. Armed security forces, private militias, and police were reported to have carried out the majority of the evictions.

Of the reported cases, 37 were enforced by armed gangs on behalf of evictors, 25 involved Uganda Police, five were carried out with the participation of UPDF soldiers, and four were linked to private security companies.

“The egregious levels of impunity exhibited by land grabbers have left communities defenseless, creating an environment where their human rights are trampled without consequence,” said Jeff Wokulira Ssebaggala, country director of Witness Radio Uganda.

He called for accountability and justice, warning that the unchecked power of influential individuals and entities leaves marginalized communities vulnerable and without recourse.

DRIVERS OF EVICTIONS: INDUSTRIALIZATION AND LAND-BASED INVESTMENTS

The report identified the government’s push for industrialization and land-based investments as the primary drivers of forced evictions. Land is increasingly targeted for oil and gas extraction, mining, agribusiness and tree plantations for carbon offsets. While some of this land is already under development, other parcels remain vacant but are guarded by military personnel and private security firms.

Ssebaggala emphasized that industrialization must balance economic development with the protection of smallholder farmers’ rights to land and food security.

TRAGIC STORIES

The report highlighted harrowing cases that underscore the human toll of forced evictions. In Nakasongola, smallholder farmer Dan Ssebyala was ambushed and killed by armed men following a confrontation over disputed land. The district has become a hotspot for violent evictions involving absentee landlords and powerful investors.

Ismael Bwowe, a disabled father of 20, recounted how his land was confiscated after he demanded fair compensation. He faced intimidation, arrests and false charges from state authorities, including being accused of robbing an influential individual. Bwowe claimed that Total Energies offered legal support and representation on the condition that he accept their compensation terms.

“I refused,” he said, adding that the pressure to relinquish his land remains intense. The report underscores the urgent need for reforms to address forced evictions, ensure accountability, and protect the rights of vulnerable communities. Without meaningful intervention, Uganda risks deepening inequality and undermining the livelihoods of smallholder farmers who are essential to the country’s food security.

FAMILY JAILED AMID LAND DISPUTE

The plight of Richard Ssebagala, his wife Prossy Namande, and their relative Anania Ngabirano, residents of Kabubu-Kabongo village in Nansana Municipality, Wakiso district, highlights the human toll of Uganda’s ongoing land disputes. The family spent nine months in prison following their arrest on January 10, 2024, under controversial circumstances.

ARREST AND ALLEGATIONS

The arrests occurred at 1am, during a raid by officers from Luweero police station. Police reportedly banged on the doors and forcefully detained the family, accusing them of aggravated robbery. However, the family believes the arrest was a tactic linked to a land dispute with Benon Ntambi, a man who allegedly grabbed their land.

Before the arrests, Ntambi had reportedly destroyed crops, including tomatoes, potatoes, and bananas, on the contested land. While the family was incarcerated, a new building was constructed on their land, which is now occupied, raising further questions about the motivations behind their detention.

CALLS FOR JUSTICE

The case has drawn attention from Witness Radio Uganda, which has urged the government to take immediate action to address land grabbing and illegal evictions. The organization emphasized the need to strengthen land laws and protect vulnerable communities from abuses.

It also called for greater accountability in institutions such as the Uganda Police Force, the army and land registries, which are often accused of corruption and favoritism toward the wealthy.

“The government must prioritize justice for victims of illegal evictions and address systemic corruption that leaves the poor defenseless against land grabbers,” Witness Radio Uganda stated.

BROADER CONTEXT

This case underscores the broader issue of land conflicts in Uganda, where vulnerable families are often caught in disputes with powerful individuals or entities. Advocacy groups warn that the failure to address these issues not only erodes public trust but also perpetuates inequality and injustice.

As the government faces mounting pressure to act, the story of Ssebagala and his family serves as a stark reminder of the urgent need for reforms to protect land rights and ensure justice for those impacted by land disputes.

Source: The Observer

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WITNESS RADIO MILESTONES

Uganda: Community members violently evicted by security forces, allegedly related to EACOP; incl. co. responses

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On 10 February 2023, more than 2,500 community members were forcibly evicted from their land in Kapapi village in Hoima district in Western Uganda by security forces, receiving no compensation or resettlement.

Witness Radio, an Ugandan non-profit organisation comprised of human rights investigative journalists, lawyers, and social workers, said that many people were wounded during the eviction, women were raped, and houses were destroyed.

Witness Radio said its investigations found that this eviction occurred to clear the path for the Tilenga feeder pipeline, part of the East African Crude Oil Pipeline (EACOP). According to Witness Radio, in 2022 Kapapi community members’ land was surveyed for the Tilenga pipeline and people were informed they would be compensated for the land. Instead, they were forcibly evicted, which Witness Radio allege was backed and financed by Swacoff Intertrade Company Limited, known to TotalEnergies. They also allege that guards from private security company Magnum Security were involved. Witness Radio has also found that dozens of local farmers who were evicted have been arbitrarily arrested and face criminal charges.

The Business & Human Rights Resource Centre invited TotalEnergies, Swacoff Intertrade Company Limited, and Magnum Security to respond to the allegations. TotalEnergies responded and stated that no land eviction activities had been carried out by or on behalf of TotalEnergies EP Uganda (TEPU) and EACOP Ltd and that none of the affected people are Tilenga or EACOP Project Affected Persons. Swacoff responded and said that the company has never engaged in forceful eviction of any sort and asserts that these allegations are completely false. Their full responses and rejoinders from Witness Radio are available below. Magnum Security did not respond.

Source: Business & Human Rights Resource Centre

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WITNESS RADIO MILESTONES

Uganda: Land-grab victim communities will join counterparts in commemorating the 2024 International Day of Struggle Against Industrial Plantations.

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By Witness Radio team.

On September 21, 2024, land-grabs communities under their group, the Informal Alliance for communities affected by irresponsible land-based investments in Uganda for the first will join fellow victims in commemorating the International Day of Struggle Against Industrial Plantations, highlighting the growing threat posed by large-scale monoculture plantations.

These industrial plantations have led to the forced eviction of millions of people across Uganda, displacing indigenous communities and stripping them of their land rights and livelihoods. Driven by multinational companies and government-backed investors, with the support of government and private security entities, these evictions prioritize profits over people.

Among the many Ugandan communities still suffering the devastating impact of monoculture plantations are over 30,000 people who were violently displaced from the Namwasa and Luwunga forest reserves between 2006 and 2010 to make way for the New Forests Company’s pine and eucalyptus plantations. In addition, thousands of local and indigenous communities were illegally evicted to make way for palm oil plantations in Kalangala district. Nearly 4,000 people had their land grabbed by the Formosa tree planting company in the Mubende district, and over 35,000 were displaced in Kiryandongo to make way for industrial agriculture to grow maize, soybean, and sugarcane plantations, among others. These and other affected communities united and formed the Informal Alliance for Victims affected by irresponsible land-based investments to defend their rights in early 2019.

The International Day of Struggle Against Industrial Plantations was first celebrated on September 21, 2004, during a community network meeting fighting against industrial tree plantations in Brazil. Since then, it has become a day when organizations, communities, and movements worldwide come together to celebrate resistance and raise their voices, demanding an end to the relentless expansion of industrial tree plantations.

In Uganda, on Saturday, September 21, the 2024 commemoration will start with a radio program in a local dilect (Luganda) purposely to highlight weird experiences faced by communities displaced by large-scale monoculture plantations, struggles for justice, and holding companies and financiers accountable. A one-hour radio program starting at 10 a.m. EAT will feature leaders of the loose alliance. Listen to the radio program on Witness Radio platforms on the website www.witnessradio.org or download the Witness Radio App on playstore.

Later, land-grab victims in Uganda will join their colleagues from Africa and other countries around the globe in a webinar meeting aimed at fostering organizations’ and rural communities’ connection across member countries and communities to build confidence, share experiences, strengthen our campaign to reignite hopes and forge a bond of understanding between the Informal Alliance and victim communities shattered by destructive plantations as well as deterring future plantations expansion.

The Webinar will start at 3PM EAT and will be aired live on Witness Radio platforms on the website www.witnessradio.org or download the Witness Radio App on playstore.

Please note: Both the radio show and Webinar will be live on Witness Radio on www.witnessradio.org or download the witness radio app on playstore to listen live.

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