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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Benet: Uganda’s stateless people

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3 years ago

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Kapchewuut cave in Benet Sub-County in Kween District still acts as a home for some of the evicted people who were evicted 13 years ago from their ancestral home.

Kampala, Uganda. The Ugandan government must recognise the Benet as the indigenous inhabitants of the forest from which it evicted them and restore them to their ancient home.

Amnesty International, the London-based international human rights NGO made the demand in a report titled, ‘13 Years in Limbo: Forced Evictions of the Benet in the Name of Conservation,’ that it launched on Nov.08.

“The treatment of the Benet is a flagrant violation of Uganda’s constitution and its own international human rights obligations,” said Deprose Muchena, Amnesty International’s Regional Director for East and Southern Africa during the release of the report.

This is the latest call for the restoration of the rights of the Benet, a community of an estimated 18,000 people who lost their ancestral land in Mount Elgon area of Sebei in eastern Uganda in 1920 when the British colonial protectorate classified the moorland and grasslands as a forest reserve.

Subsequent governments have piled violations on the minority group, including violent forced evictions since 1983, further deepening the plight and poverty of this community. Amnesty International says the Benet face a multi-generational struggle.

The Benet is one of Uganda’s indigenous ethnic minority groups who have been deprived of their right to health, adequate housing and education, it said.

“They are still living in temporary settlements made of flimsy huts of mud and stick, deprived of essential services such as clean drinking water and electricity and cut off from healthcare and education,” said Muchena.

Perhaps the most brutal evictions happened on Feb.16 in 2008 when 178 families were rendered homeless.

The Uganda Wildlife Authority and the national army—the Uganda People’s Defence Forces (UPDF)—forcefully evicted the families claiming they were still settled inside the national park despite government allocating the same land to them after previous evictions.

People’s houses and crops were destroyed, cattle were confiscated. The displaced Benet found shelter wherever they could: in caves and under trees. The luckier ones stayed in a nearby primary school or joined relatives elsewhere.

David Chemutai, the current coordinator of the Benet-Mosop Indigenous Community Association, a community based organisation in Kween District in eastern Uganda still remembers the 2008 evictions.

“I came back home from school only to find our home burnt. All the houses in the homestead were burnt,” he told The Independent on Nov.10, “Our food which we used to keep in the house was also burnt. My parents were gone and I did not know where to find them.”

Chemutai who was 23 at the time was only able to find his parents days later in a cave. Over a decade later, hundreds of families of the Benet community still live in temporary resettlement sites. Some still live in the cave.

They accuse UWA of killings, unlawful use of force and firearms, including shootings, beatings, and even crimes under international law, including torture and other cruel, inhuman and degrading treatment. This often happens when they try to enter the forest which was declared a national park in 1993.

In 2004, the Uganda Land Alliance (ULA) filed a legal suit, Uganda Land Alliance, Ltd. v. Uganda Wildlife Authority in the High Court of Uganda on behalf of the Benet community, for enforcement of their right to use their forest land.

On 27 October 2005, the court in a judgment commonly referred to as the “Consent Judgment”, which was settled and agreed to by the affected Benet community, the UWA, and the Attorney General of Uganda, recognised the Benet as the historical and indigenous inhabitants of the forest that the government had classified a national park in 1993.

The judgment underlined the need to “redress the imbalance” facing the Benet in education, infrastructure, health, and social services, provided for under Article 32 of Uganda’s Constitution.

Despite the court ruling, the Benet are still not permitted to build permanent structures and live in small huts constructed from sticks and mud in temporary resettlement camps, with no electricity and potable water.

The restriction has impacted the Benet peoples’ agro-pastoral lifestyle and other economic, social, and cultural practices such as the right to access cultural sites for rituals, fruit gathering, bee keeping, and hunting.

“We are now a stateless community,” says Chemutai, “This is something we are still fighting for.”

The Uganda Wildlife Authority insists it is not to blame for the fate of the Benet.

“We are not responsible for the gazettement and degazettement of these places. The Uganda Wildlife Authority only manages these spaces,” Bashir Hangi, the UWA public relations officer,told The Independent on Nov.10, “Regardless whether they were evicted or not, when the government handed over the area to us, we had no alternative but remove the people.”

But Amnesty International’s Muchena says academic research says conservation, such as by UWA, works best when the state works with the indigenous people as equal partners in conservation.

“It must not result in human rights violations, or be used to justify them,” he said.

Original Source: independent.co.ug

Related posts:

Govt told to urgently resettle people evicted from national parks Benet residents battle disability meted by UWA Human Rights Commission Report faults Government on denying Ethnic Minority Groups (EMGs) access to Land Trauma and Land Loss: New Study Focuses on Mental Health of Evicted Indigenous People Breaking Alert: Uganda passes the National Action Plan (NAP) on Business and Human Rights

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: Buganda Road Court grants bail to 15 stop EACOP activists after 30 days in prison.

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1 week ago

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December 11, 2024

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By Witness Radio team.

The Magistrate at Buganda Road Court has granted non-cash bail to 15 stop EACOP activists from Kyambogo and Makerere University Business School (MUBS) Universities. They spent 30 days in detention at Luzira Maximum Security Prison on charges of common nuisance.

After the defense lawyers successfully applied for bail, on 10th December, the trial magistrate, Her Worship Nankya Winnie, granted a non-cash bail of 500,000 Uganda Shillings (approximately 136.50 USD) for each activist and their sureties.

The hearing of the bail application for the EACOP activists flopped yesterday. It was adjourned after it was reported that the then-presiding magistrate, Her Worship Sanula Nambozo, had been transferred to another duty station and replaced by Her Worship Nankya Winnie.

The accused activists are all young students from the universities mentioned above. The students include Simon Peter Wafula, Gary Wettaka, Martin Sserwambala, Erick Ssekandi, Arafat Mawanda, Akram Katende, Dedo Sean Kevin, Noah Katiti, Oscar Nuwagaba, Oundo Hamphrance, Bernard Mutenyo, Nicholas Pele, Shadiah Nabukenya, Shafiq Kalyango, and Makose Mark.

They were arrested in early November 2024 for protesting the East African Crude Oil Pipeline (EACOP) project in Kampala, Uganda’s capital. The EACOP project, a major oil pipeline, has been controversial due to its potential environmental impact, including the risk of oil spills and deforestation, and the alleged human rights violations associated with its construction, such as forced evictions and land grabbing.

Despite the risks, the activists marched to Uganda’s Parliament to meet the Speaker and raise concerns about the EACOP project. The peaceful march reiterated numerous concerns raised by civil societies and the European Parliament about the project’s negative impacts.

The EACOP project, which will transport crude oil from Uganda’s Albertine region to Tanzania’s Tanga seaport, has been criticized for delayed compensation for affected persons and secretive agreements. The potential impact on the environment and human rights is a cause for concern.

On 11th November, the accused were charged with common nuisance. Section 160 (1) of the Penal Code Act states that anyone charged with common nuisance is liable to one-year imprisonment on conviction. This charge, frequently imposed against individuals peacefully protesting in Uganda, has notably been used against Stop EACOP activists. While common nuisance addresses acts causing inconvenience or disruption to the public, it is crucial to emphasize that the accused were engaged in peaceful protest, causing no harm or disturbance.

The prosecution alleges that on 11th November 2024, the accused gathered at Parliamentary Avenue, peacefully expressing their dissent and causing no harm. Yet, they were charged with common nuisance, which seems unjust given their peaceful protest. It’s important to note that their protest was non-violent and aimed at raising awareness about the potential negative impacts of the EACOP project.

The court has adjourned the case to 16th January 2025 for a hearing.

Related posts:

Buganda Road Court will hear a bail application for 15 EACOP activists today. Breaking: The Bail Application for the 15 EACOP Activists flops for the second time, as the trial magistrate is reported to have been transferred. A bail application for the 15 EACOP activists failed to take off, and they were remanded back to Prison. Breaking: 15 Anti-EACOP Activists have been charged with common nuisance and remanded to Luzira prison. Breaking: Mwanga II Court grants bail to two defenders and a Project Affected Person (PAP).1
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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: The Bail Application for the 15 EACOP Activists flops for the second time, as the trial magistrate is reported to have been transferred.

Published

2 weeks ago

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December 10, 2024

By

By Witness Radio team.

A bail application for the 15 EACOP activists from Kyambogo and Makerere University Business School (MUBS) Universities currently on remand at Luzira Maximum Prison on charges of common nuisance has flopped for the second time due to the absence of the presiding magistrate.

The prosecution stated that the bail application could not proceed because the presiding magistrate, Her Worship Sanula Nambozo, had been transferred to another court. As a result, the case file was allocated to a new magistrate, Her Worship Nankya Winnie. She rescheduled to hear the bail application for today, October 10th, 2024, at 9 a.m. EAT.

The bail application for the 15 activists has faced yet another setback, marking the second failed attempt.

This delay in the bail application process means that these young students continue to be held in remand at Luzira Maximum Prison, a situation that is undoubtedly taking a toll on them. On November 16th, 2024, the bail hearing was disrupted due to the absence of two student activists, Wafula Simon and Kalyango Shafik. During that court session, the prosecution informed the court that both individuals were unwell, suffering from red eyes, and had been placed in isolation at the prison hospital.

The activists on remand, all young students, include Simon Peter Wafula, Gary Wettaka, Martin Sserwambala, Erick Ssekandi, Arafat Mawanda, Akram Katende, Dedo Sean Kevin, Noah Katiti, Oscar Nuwagaba, Oundo Hamphrance, Bernard Mutenyo, Nicholas Pele, Shadiah Nabukenya, Shafiq Kalyango, and Makose Mark.

The 15 were arrested in early November 2024 for protesting against the East African Crude Oil Pipeline (EACOP) project in Kampala, Uganda’s capital. The EACOP project, a major oil pipeline, has been a subject of controversy due to its potential environmental impact and the alleged human rights violations associated with its construction.

Despite the risks, the activists marched to Uganda’s Parliament to meet the Speaker of Parliament and raise concerns about the EACOP project. Their persistence in the face of adversity is truly inspiring.

The EACOP project, which will transport crude oil from Uganda’s Albertine region to Tanzania’s Tanga seaport, has been criticized for delayed compensation for affected persons and secretive agreements. The potential impact on the environment and human rights is a cause for concern.

On November 11th, the accused were charged with common nuisance. Section 160 (1) of the Penal Code Act states that anyone charged with common nuisance is liable to one-year imprisonment on conviction. The charge of common nuisance is often used in cases where individuals are accused of causing inconvenience or disruption to the public, but it is important to note that the accused were peacefully protesting and causing no harm.

The prosecution alleges that on November 11th, 2024, the accused gathered at Parliamentary Avenue, peacefully expressing their dissent and causing no harm. Yet, they were charged with common nuisance, a charge that seems unjust given their peaceful protest.

The third attempt for the bail application of the 15 activists has been rescheduled for hearing today at 9 a.m. EAT before Her Worship Nankya Winnie of the Buganda Road Court.

Related posts:

Buganda Road Court will hear a bail application for 15 EACOP activists today. A bail application for the 15 EACOP activists failed to take off, and they were remanded back to Prison. Breaking: 15 Anti-EACOP Activists have been charged with common nuisance and remanded to Luzira prison. Breaking: 15 Anti-EACOP Activists Arrested in Kampala While Marching to Parliament Breaking: Mwanga II Court grants bail to two defenders and a Project Affected Person (PAP).1
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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Buganda Road Court will hear a bail application for 15 EACOP activists today.

Published

2 weeks ago

on

December 9, 2024

By

By Witness Radio team.

A bail application for the 15 EACOP activists from Kyambogo and Makerere University Business School (MUBS) Universities currently on remand on charges of common nuisance will take off today.

On November 16, 2024, attempts to apply for bail for the 15 students flopped due to the absence of two activist students in court.

The prosecution informed the court that Wafula Simon and Kalyango Shafik were sick and suffering from red eyes. They were placed in an isolation room in the prison hospital, thus causing a setback to earlier bail application attempts.

The activists on remand, all young students, include Simon Peter Wafula, Gary Wettaka, Martin Sserwambala, Erick Ssekandi, Arafat Mawanda, Akram Katende, Dedo Sean Kevin, Noah Katiti, Oscar Nuwagaba, Oundo Hamphrance, Bernard Mutenyo, Nicholas Pele, Shadiah Nabukenya, Shafiq Kalyango, and Makose Mark.

They were arrested in early November 2024 for protesting against the East African Crude Oil Pipeline (EACOP) project in Kampala, Uganda’s capital. The activists, undeterred by the risks, were marching to Uganda’s Parliament to meet the Speaker of Parliament and raise concerns about the EACOP project, including the continued gross human rights violations/abuses, the significant threat it poses to the environment, and the criminalization of the mega project’s critics.

The EACOP project will transport crude oil from Uganda’s Albertine region to Tanzania’s Tanga seaport. The project has been criticized for delayed compensation for affected persons and secretive agreements.

On November 11, the accused were charged with common nuisance. Section 160 (1) of the Penal Code Act states that anyone charged with common nuisance is liable to one-year imprisonment on conviction.

The prosecution alleges that on November 11, 2024, the accused gathered at Parliamentary Avenue, peacefully expressing their dissent and causing no harm, yet they were charged with common nuisance. They were accused of causing disruption and inconvenience by holding an unauthorized demonstration on the road while displaying placards and banners opposing the oil pipeline.

The bail application for the 15 activists will be presented before Her Worship  Sanula Nambozo the Grade One Magistrate of Buganda Road Court.

Related posts:

Some of the 15 activists standing in the court dock.
A bail application for the 15 EACOP activists failed to take off, and they were remanded back to Prison. Breaking: 15 Anti-EACOP Activists have been charged with common nuisance and remanded to Luzira prison. Mubende Land Grab: Anxiety as court finally fixed a date to hear bail application for seven Formasa victims Mubende Land Grab: Judge declines to hear bail application, sends suspects back to prison Breaking: 15 Anti-EACOP Activists Arrested in Kampala While Marching to Parliament
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