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Accountable Development To Communities

Breaking Alert! A community fighting forced eviction during COVID-19 lockdown, Witness Radio-Uganda together with Accountability Counsel file a complaint before the World Bank’s Inspection Panel…

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In the midst of the COVID-19 pandemic, the Kawaala community of Kampala, Uganda, is facing eviction to pave the way for the construction of the World Bank-funded Lubigi drainage channel. Accompanied by armed soldiers, representatives of the Kampala Capital City Authority (KCCA) turned up at shocked residents’ homes, placing a red “X” on many structures and explaining that they were earmarked for demolition – the first those families had heard of the KCCA’s plan to take their homes and land.

The construction of the Lubigi drainage channel will displace more than 100 families from their shelter and farmlands. These farms enable community members to feed their families and sell other produce, earning income that pays for their children to attend school. For some of the community members, family grave sites will be lost, as well as ancestral land intended for their children and grandchildren. Yet neither the KCCA nor the World Bank provided adequate information to the community about project plans, nor did they meaningfully consult them on the extent of displacement and any plans for compensation and resettlement, as required by World Bank policies, before issuing eviction notices.

After its glaring mismanagement of this project was highlighted by the Kawaala community and its local partners, including Witness Radio, KCCA and its agents have begun to push affected community members through a rushed and problematic resettlement process, prioritizing project timelines over the livelihoods and wellbeing of affected people and the accuracy and completeness of the process. Out of desperation, many community members have signed documents they do not understand.

The Kawaala community raised its concerns with the World Bank Uganda country office and asked them to closely monitor the project, but the World Bank refused – using restrictions associated with the COVID-19 pandemic as an excuse for their inaction – seemingly indifferent to the risks and impacts of forcibly displacing a vulnerable community during that same pandemic.

Given these failures, in the face of the severe threats to their wellbeing and livelihoods, the Kawaala community has filed a complaint about the project to the World Bank’s Inspection Panel seeking protection from the forced and unfair eviction processes, as well as meaningful consultation and participation in the design of a comprehensive and fair resettlement solution.

THE STORY: 

An attempted forced eviction, during a pandemic

A channel diversion constructed around 2014 now causes water to flow through
residents’ properties. The planned expansion will widen it to 70 meters across, causing
extensive forced eviction.

In December 2020, in the midst of the COVID-19 pandemic, communities living in Kawaala Zone II, in Kasubi Parish, Rubaga Division, Kampala were awoken in the early morning hours to find excavators and armed guards destroying their property, without any prior consultation or plan for compensation and resettlement. The previous day, they had received eviction notices requiring them to vacate their lands within 28 days. The eviction notice was issued by the Kampala Capital City Authority (KCCA). The KCCA, with support from the World Bank, is constructing the Lubigi drainage channel as part of a broader road and infrastructure project.

The Kawaala community has lived, built their homes, and earned their livelihoods through farming and livestock-keeping in the area since the 1960s. With a population of approximately 300, the community is composed mostly of elderly men and women. Given the high number of elderly persons in the community, most are illiterate. Their farms enable community members to feed their families and sell other produce, earning income that pays for their children to attend school.

On December 3, 2020, the Kawaala communities were shocked to find KCCA representatives in their village, accompanied by armed guards, distributing eviction notices and informing residents that they had 28 days to vacate their homes. KCCA representatives approached residents’ homes, placing a red “X” on many structures and explaining that they were earmarked for demolition.

The eviction notices included a claim that violations of health and safety code were the reason for the evictions. However, through active investigations, the community was able to confirm that the area was being cleared to make way for the expansion of the Lubigi drainage channel, part of the World Bank-funded Second Kampala Institutional and Infrastructure Development Project (KIIDP-2).

Over the following two days, in contravention of the 28-day notice period, the KCCA began attempting to evict residents. They brought excavators and destroyed some homes and gardens before community members were able to contact local leaders, who successfully intervened and persuaded the KCCA to halt the eviction process.

The Kawaala community, with the support of Witness Radio, was then able to challenge the eviction by filing a case at the High Court in Kampala. This prompted the KCCA to halt the eviction process. However, the court case remains undecided and the eviction notice still has not been withdrawn, leaving the community at risk of sudden eviction.

The World Bank’s involvement

The World Bank’s KIIDP-2 project funds the construction and rehabilitation of roads and associated infrastructure throughout Kampala via a USD 175 million loan. This project includes, among other works, the expansion and construction of the Lubigi Primary Drainage Channel, which forms part of the eight primary channels in Kampala and is 2.5 kilometers long. The project also involves institutional and systems development support to the KCCA, including for engineering and technical services.

KIIDP-2 follows the Kampala Institutional and Infrastructure Development Project (KIIDP-1), which had similar objectives. Around 2014, KIIDP-1 led to the construction of a channel diversion that ran through the land of many local residents and cut others off from easy access to schools and basic services. Residents report that this diversion was described to them as “temporary,” and they were therefore not offered resettlement compensation. Some received a small sum for temporary disturbance from project works, while other families affected by the diversion did not receive even this much and were thrown into a state of desperation or even homelessness following the original channel diversion. KIIDP-2 will expand on this diversion, widening it significantly and requiring forced eviction of residents across an area 70 meters wide and 2.5 km long. Many residents report that they never realized that the diversion would be made permanent until the forced eviction process began last December.

A general project fact sheet by the KCCA claims that all affected properties were registered years ago, and states that no new developments will be valued or compensated, but residents dispute this claim. The KCCA has since walked back from this assertion and begun a rushed and problematic resettlement process, based on a contested and non-consultative surveying process that residents believe does not accurately reflect their land rights.

The channel diversion that began construction nearly 10 years ago has separated community members’ homes from the shops and schools visible across the waterway. This bridge was built by community members as a temporary fix, but it is dangerous, especially when water levels rise. Community members fear the channel expansion will exacerbate these problems.

The devastating impacts of this project

The Lubigi drainage channel project will result in most affected families losing their homes and others losing their farmland, leaving very little for them to sustain themselves. In addition to that displacement, the construction of the drainage channel poses a series of other environmental and social concerns:

  • Loss and disruption of family remains: Some community members risk losing the remains of their loved ones that are buried in the land set aside for the project.
  • Food insecurity: This risk comes as a result of the destruction of crops, including those crops already destroyed in the attempted forced eviction in December 2020.
  • Loss of education: In case of any eviction or relocation without adequate compensation, community members fear that the children will be forced to drop out of school since the houses built and the crops grown on the land are their sole sources of income to cover their fees and tuition. Community members fear that this in turn will lead to increased marriage rates for young girls with limited options.
  • Safety risks: Following the construction of the channel to date, the local area has become unsafe for children to play outside due to a constant risk of drowning, which is especially heightened during rainy periods. There have been reported cases of people drowning.
  • Sexual exploitation: Some women in Kawaala have been compelled to engage in transactional sexual relationships to ensure that their children’s basic needs are met ever since the KCCA coerced them into abandoning their gardens to make way for the construction of the channel diversion under KIIDP-1. Residents fear that this pattern will be intensified if community members are not provided with fair and complete compensation to address the full extent of economic impacts from another forced resettlement.
  • Cumulative impacts of multiple infrastructure projects: The Kampala Northern Bypass Highway, funded by the European Union and the Government of Uganda, as well as the Lubigi Sewage Treatment Plant, funded by the European Union and the German Government, were also constructed in the community’s immediate vicinity in recent years, surrounding the Kawaala community on multiple sides by government-sponsored and internationally funded infrastructure projects.
  • Flooding: Far from improving the flooding problems that plague the area, community members have observed that flooding has actually increased in Kawaala Zone II, since the channel diversion and other multiple infrastructure projects began.
  • Other social impacts: Residents expect that eviction without adequate compensation will likely lead to a host of other foreseeable social issues, such as increased rates of domestic violence, child abandonment, or other family rifts.

Because of the totality of these impacts, the community deems it best to be compensated and resettled elsewhere in order to live with dignity.

Raising concerns with the World Bank Uganda country office

The KIIDP-2 project is proceeding in blatant contravention of a host of World Bank commitments designed to ensure meaningful consultation of communities and to avoid or mitigate environmental and social impacts, including resettlement. Although the KCCA has walked back from its initial assertions denying residents’ rights to compensation, in recent months it has undertaken a forced, rushed, and non-transparent survey process that some residents were unable to participate in. Residents are deeply skeptical that any compensation determined based on this incomplete survey will provide them with fair and accurate compensation assessments.

On March 4, 2021, community representatives raised their concerns regarding the project and the potential harm in a meeting with KCCA officials and the World Bank Uganda country office team. The World Bank team directed that the KCCA intensify citizen and stakeholder engagement and provide adequate project information to the community in Luganda rather than English. Further, the KCCA was asked to carry out proper identification of the project-affected persons and, through a consultative process, determine the amount and type of compensation needed. Lastly, the World Bank team directed that the KCCA re-constitutes a Grievance Redress Committee composed of representatives of all the stakeholders in the project.

The World Bank, however, refused the community’s demand that Bank staff visit the project site and engage in follow-up meetings with the community. The community feared that, without this supervision, the KCCA would continue to abuse the rights of affected community members.

Those fears have been realized. The KCCA has not followed the directions of the World Bank and is continuing to rely on its forced survey process, as well as failing to meaningfully consult community members on the details of any compensation.

A Kawaala resident was in the midst of constructing his home when he heard about the eviction notice. He hesitates to continue construction out of fear of imminent demolition.

Inspection Panel complaint

Through Witness Radio, community representatives reached out to Accountability Counsel to support the filing of a complaint. Because of the non-responsiveness of the KCCA and the World Bank to their concerns, the community wanted to escalate those concerns to the World Bank’s independent accountability mechanism, the Inspection Panel. After several consultations with different groups in the community to understand their concerns and goals of the complaint, Witness Radio and community representatives filed a complaint on June 17, 2021 with the following demands (in summary):

  • That the project should be investigated and evictions halted until affected people are properly informed about the project and consulted about its impacts and necessary mitigation measures, and are consulted on the formation of a resettlement action plan that addresses the concerns of local residents;
  • That the KCCA formally withdraws the eviction notice issued under the Public Health Act Cap. 281 against the residents and other similarly affected persons;
  • That the community be resettled and fairly compensated, given that the land is now uninhabitable;
  • That the compensation processes be aimed at ensuring that the entire family is included and able to share in the benefits, rather than being provided to the head of household only, which can contribute to intra-family and social conflicts and gender disparities. For example, the KCCA should encourage both spouses to sign compensation documents and attend related meetings, and it should provide compensation funds into jointly-owned bank accounts; and
  • That the affected people should be provided with resettlement assistance, including scholarships for their children at least until families have an opportunity to find an alternative livelihood. Any resettlement assistance should include social support programs such as stress management, anger management, and domestic violence sensitization programming to reduce common social problems that can accompany physical displacement.

The complaint is currently awaiting registration and an assessment of eligibility by the Inspection Panel.

Case Partners

Accountability Counsel is partnering on this case with Witness Radio, an advocacy and media organization focused on issues of rights in development in Uganda, cutting across sectors (including agribusiness, environment, mining, and extraction). They monitor, document, and report human rights violations using traditional and new media formats and, where possible or necessary, support communities to seek justice through judicial and non-judicial mechanisms.

THE CASE: 

  • Jun 2021

    Community representatives filed a complaint with the World Bank’s independent accountability mechanism, the Inspection Panel, on June 17.

  • Mar 2021

    Community representatives met with the World Bank Uganda country office and the Kampala Capital City Authority (KCCA).

  • Dec 2020

    In spite of the 28-day notice period communicated on the previous day, on December 4 and 5, the KCCA began attempting to evict residents. They brought excavators and destroyed some homes and crops before community members were able to contact local leaders, who successfully intervened and persuaded the KCCA to halt the eviction process. Shortly after, the Kawaala community, with the support of Witness Radio, was then able to challenge the eviction by filing a case at the High Court in Kampala. This prompted the KCCA to halt the eviction process. However, the eviction notice still has not been withdrawn.

  • Dec 2020

    On December 3, the KCCA issued a notice to residents of Kawaala Zone II to vacate their land within 28 days.

    IMPACT:

    Through their local partner, Witness Radio, community representatives reached out to Accountability Counsel because their concerns were not being heard by the World Bank or its client, the Kampala Capital City Authority. As is too often the case, as soon as Accountability Counsel became involved, the World Bank became more responsive – although their actions continue to be woefully inadequate to prevent harm and comply with their own environmental and social safeguards.

    Given those failures on the part of the World Bank and its client, community members decided to elevate their concerns to the World Bank’s Inspection Panel. In April 2021, Accountability Counsel’s Africa Communities Associate, Robi Chacha Mosenda, traveled to Kampala to document the community’s concerns and goals in preparation for complaint filing.

    On June 17, 2021, Witness Radio filed an Inspection Panel complaint on behalf of the Kawaala Zone II community, seeking protection from the forced and unfair eviction processes, as well as meaningful consultation and participation in the design of a comprehensive and fair resettlement solution.

    In close partnership with Witness Radio, we will continue to support the Kawaala Zone II community to prepare for, understand, and navigate through each stage of the Inspection Panel’s process, demanding accountability and remedy from the World Bank for its oversight and lack of due diligence that has harmed these communities.

    CASE MEDIA: 

    Photos

    Family burial sites have experienced regular flooding ever since the initial channel diversion directed water through residents’ properties. These burial sites now in the path of the planned channel expansion (Credit Witness Radio).

    This channel diversion constructed around 2014 will be widened to 70 meters, requiring extensive evictions. (Credit: Witness Radio).

    A makeshift bridge connects Kawaala residents with schools and shops across the channel but creates a safety hazards, especially during frequent flood events.

    The channel diversion constructed in 2014 has led to increased flooding and safety hazards, including at least one drowning due to inadequate walkways around the channel. (Credit Witness Radio)

    A community kickboxing academy marked for demolition by KCCA.

    A homeowner hesitates to finish construction his home, as it is marked for demolition by the KCCA.

    Original Source: accountabilitycounsel.org

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Accountable Development To Communities

A reference filed by CSOs against the planned construction of the East African Crude Oil Pipeline (EACOP) is set for hearing.

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By Witness Radio Team

Four East African Civil Society Organizations (CSOs) have petitioned the regional court of justice, seeking both temporary and permanent injunctions against the planned construction of the East African Crude Oil Pipeline (EACOP)

The reference submitted by the Center for Food and Adequate Living Rights (CEFROHT), Africa Institute for Energy Governance (AFIEGO), Natural Justice-Kenya, and Center for Strategic Litigation in Tanzania highlights significant issues including threatening local livelihoods, food security, public health, biodiversity and the global climate that have failed to be addressed by both the governments of Uganda and Tanzania.

According to the reference filed on the 6th of November 2022, the governments of Uganda, and Tanzania and the Secretary General of the East African Community have violated environmental laws, human rights obligations, and regional agreements, in authorizing French oil giant, Total, to build a massive oil pipeline from Hoima, Uganda to Tanga, Tanzania.

For years, communities and civil societies have echoed concerns over the impacts of the East Africa Crude Oil Pipeline (EACOP) project which has affected thousands in Uganda and Tanzania. Human rights organizations claim French energy giant Total and its partner China National Offshore Oil Corporation involved in the $3.5 billion EACOP have failed to fully address concerns raised by the project to host communities.

The 1,443km people crude oil export pipeline which is expected to impact over 118000 people will transport Uganda’s crude oil from Hoima in Uganda to Tanga port in Tanzania.

The project will cross through 10 districts in Uganda, a distance of 296 kilometers, and 25 districts in Tanzania, covering eight regions, and 25 districts is estimated to be the longest electrically heated pipeline in the world.

Its impact has largely been witnessed by the PAPs, leaders, and human rights activists opposing the project including land grabbing, harassment, and arrests of community leaders and rights activists.

“Construction of the pipeline will destroy farmland, disrupt livelihoods and exacerbate food insecurity. Thousands of people are to be displaced and have already been told not to set up or plant any long-term structures or crops and yet they have not been given any compensation yet. These impacts are set to cause major social disruption and erode social cohesion, leading to increased poverty in areas affected by the EACOP in Uganda and Tanzania.” The reference reveals in part.

The reference further adds that the pipeline will traverse protected forests, such as the Wambabya and Bugoma reserves, and endanger numerous water sources of great importance to millions of people in East Africa, including Lake Victoria. The pipeline passes along the Lake Victoria basin which is a major water source for millions in not only East Africa but the whole of the African region. This risks and exposes Lake Victoria and River Nile to danger through oil spills and pollution. The EACOP will also significantly impact biodiversity and put numerously vulnerable and endangered species native to Uganda and Tanzania at risk, including elephants, lions, and giraffes.

The EACOP has been widely criticized by civil societies and other actors advocating for the rights of affected people expressing the unaddressed concerns the project is likely to expose to the host communities.

On the 14th of September 2022, the European Union Parliament passed an advisory resolution to suspend the oil pipeline for a year citing disastrous human and environmental rights violations associated with the project.

According to the resolutions by the European Parliament legislators, the oil pipeline has caused the displacement of people from their land without fair compensation, caused harassment, criminalization, intimidation, and arrests of human rights defenders, and closure of NGOs, and is likely to endanger the nature reserves and habitats.

The case is scheduled to be heard in Kampala on the 11th of November 2022.

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Accountable Development To Communities

The private sector, civil society organizations, government bodies, and development partners are to meet and discuss how to strengthen responsible business conduct in Uganda.

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By Witness Radio team.

For years, victim communities, and community land and environment defenders in Uganda have been facing negative impacts and reprisals arising from business investments. These investments often require large sizes of land and the government occasionally takes the responsibility to acquire land for these investments. However, the acquisitions or allocations of public or community land tend to leave the communities past retrieval.

Communities are faced with devastating impacts ranging from environmental challenges such as pollution of air and water, forceful evictions, and unfulfilled pledges such as good jobs that not only cause damages to their lives but also to the future generations.

Recently, a government entity the Kampala Capital City Authority (KCCA) wanted to expand the Lubigi drainage project with funds from the World Bank. But, during the initial stages of land acquisitions, the KCCA hid under the public health Act, Cap 281Act, to evict the people and then smoothly expand the drainage channel. This happened without sensitization, compensation, or resettlement of the project-affected persons.

According to documents seen by Witness Radio Uganda and testimonies from the affected communities, they had lived on the land for many years and were surprised to face eviction threats.

Continuously members of this community continue facing retaliation for their resistance to the land grab for the infrastructural project. Ever since the project began, community land defenders have been persecuted for their works and subjected to false charges including fraud, simple robbery and currently continue to report at police and courts over the charges. In contrast, others are on run for their dear lives.

Similarly in the Mubende district, a Chinese company has rendered thousands homeless over since it started its tree planting activities in 2011. Formosa tree planting company is planting eucalyptus and pine trees within the district. Over 12 villages have suffered the worst of this so-called development. These include; Butoro, Kyedikyo, Nakasozi, Namayindi, Kitebe, Kisiigwa, Namagadi, Mukiguluka, Busaabala, Ngabano, and Kicucuulo located both in Maduddu and Butoloogo sub-counties and those that resisted continuing to face violent threats from the company and its workers.

At least seven community land rights defenders since 2018 are languishing in jails for crimes they did not perform. According to the residents, the Formosa Company is responsible for false charges against the defenders. They were arrested for 15- 35 years.

“Wounds caused by Formosa to me can never heal. In 2017 my two sons; Sam Serugo and Yona Sejjombwe were arrested and imprisoned for 34 years over the same struggles. And again they came threatening to kill us if we did not move off our land. We have lived and occupied this land for decades.” Cecilia Namawejje revealed this to Witness Radio researchers.

Communities still grapple with these related outcomes, sadly those who advocate for their rights are arrested for sabotaging the projects. These and other related issues are expected to be discussed by participants in a two-day 4th symposium on business and human rights on November 9th and 10th 2022.

The 4th annual symposium that will be held at Imperial Royale Hotel Kampala will bring together more than 100 stakeholders across Uganda and beyond to advance responsible business and human rights agenda in the region.

The symposium organized by Resource Rights Africa (RRA) and partners will bring together private sector players, government actors, academia, media, civil society, and local community representatives from Karamoja and Tooro regions to explore how accountability and remedy mechanisms for business-related human rights abuses can be enhanced to advance respect for people and the planet in the next decade.

The symposium is based on the theme “Strengthening Responsible Business Conduct in Uganda to advance respect for people and planet in the next decade.”

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Accountable Development To Communities

NFA land giveaway bonanza turns Luweero farmers into destitute.

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By Witness Radio Team

Land evictions in Uganda spiral and are a thorn in the lives of many poor Ugandan communities whose entire livelihood thrives on substance farming.

The government, and its agencies, especially the National Forest Authority (NFA), have been singled out by communities for aiding forced evictions to give way for land-based investments by the untouchable wealthy local and foreign investors.

The insatiable thirst for carbon credit schemes has left many smallholder farmer communities grappling with the life-threatening effects of violent land grabs masterminded by the National Forest Authority and fueled by unpoliced and loitering international funding.

The continuous evictions have left millions of indigenous and local smallholder farmers homeless and landless. Uganda’s National Forestry Authority has been cited in several cases for donating land occupied by communities to investors (both local and foreign) for planting trees in the name of reforestation of depleted forests for carbon credits.

Over 2900 acreages in the Luweero district belonging to residents were donated to investors to grow eucalyptus and pine trees while part of the said land is occupied by a goat farm.

Every time a conversation about NFA crops up, Topi Nalwoga is a taken-back to the 2015 eviction by NFA in Yandwe, Butuntumula Sub-County, Luweero district. It disintegrated her community and deprived her of human interaction. What used to be homes to friends and relatives is now littered with trees. Neither was she spared.  Her home is in the middle of a tree plantation.

Nalwoga said before the evictions would harvest coffee, maize, matooke, and mangoes from six acres of land to educate and provide for her family of 7.

This practice is not different in other parts of the country. On a fateful day of 18th May 2019, in Luweero, Yandwe village woke up under the invasion of armed soldiers and police who burnt houses and razed down their gardens claiming they were illegally occupying Mbale Central Forest Reserve land.

A 49-year-old, former landlord is now a casual laborer on nearby plantations to put food on the table for her family. In a day, Topi earns 5,000 Uganda Shillings (equivalent to 1.31 USD) explaining that it cannot meet all her family’s needs. Before, she was earning about 1,000,000 Million Uganda Shillings (about 262.62 dollars) from her proceeds in a season.

“I spend my daily wages on food.  My children no longer go to school because we have been turned into slaves in our own country,” she revealed.

Her settlement on the land has a lineage bond. Her grandfather Mr. Kosia Katula occupied the grabbed land in 1921 before its gazettement as a forest reserve. Later in 1944, her father was born and inherited the land.

The NFA gazetted the Mbale Central Forest Reserve in 1967 when people had already settled on it. This accordingly meant that the community had to be consulted, compensated, or resettled before the evictions.

Her story is not different from the other 700 community members who lost their source of livelihood in NFA evictions in the same area.

Some of the residents that have resisted the forceful evictions were barred from using the land. About 9 families have their houses trapped in the middle of the tree plantations laboring elsewhere to feed their families.

Mr. Wilson Kabiira who had 20 acres says he was denied access to his land. He said the NFA employed gangs to beat people who had refused to vacate the land.

“My family is starving because I have nowhere to work from, when they find you attempting to do any work on the land, they beat you and raze down your crops,” he added.

He added, “Our young girls have been married because ideally, they dropped out of school, families do not have food and many of them have separated as a result.

During the evictions, people lost property worth millions. The community says the NFA did not consult, or compensate them for their land.

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