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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking Alert: Uganda passes the National Action Plan (NAP) on Business and Human Rights

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3 years ago

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By witnessradio.org Team

Kampala – Uganda – the Government of Uganda is yet to launch the first-ever National Action Plan (NAP) on business and human rights, Witness Radio – Uganda has learned.

Bernard Mujuni, the Commissioner of Equity and Rights at the Ministry of Gender Labor and Social Development, has confirmed that the NAP document was signed and approved by the cabinet.

In June 2011, the UN Human Rights Council established the United Nations Working Group on Business and Human Rights (UNWG) and tasked it with facilitating the global dissemination and implementation of the United Nations Guiding Principles (UNGPs). The framework provided by the UNGPs entails the duties of States and responsibilities of business enterprises in addressing adverse business-related human rights impacts.

As part of the state’s responsibility to disseminate and implement the Guiding Principles on Business and Human Rights based on this mandate, the UNWG strongly encouraged all states to develop, enact and update national action plans (NAPs) and has also developed a Guidance on National Action Plans on Business and Human Rights (GNAPs) which provides recommendations on the development, implementation, and update of NAPs.

In June 2014, the Human Rights Council passed a resolution calling upon states to develop NAPs. In 2016, the Government of Uganda acknowledged recommendations under the Universal Periodic Review (UPR) to develop a National Action Plan (NAP) on Business and Human Rights to implement the UN Guiding Principles (UNGP).

According to the United Nations Human Rights Council (UNHRC), the Universal Periodic Review (UPR) is a unique process that involves a review of the human rights records of all UN Member States. The UPR is a State-driven process, under the auspices of the Human Rights Council, which provides the opportunity for each State to declare what actions they have taken to improve the human rights situations in their countries and to fulfill their human rights obligations.

The UPR is often designed to ensure equal treatment for every country when their human rights situations are assessed. It is aimed at advancing the situation of human rights and human rights violations in all countries.

Uganda’s NAP was first drafted by the NAP Resource group, comprised of the Ministry of Gender Labor and Social Development (MGLSD), the Office of the President, the Ministry of Foreign Affairs, the Uganda Human Rights Council (UHRC), the Equal Opportunities Commission (EOC), the UN Global Compact Uganda chapter and CSOs (including the Initiative for Social and Economic Rights, the Uganda Consortium for Corporate Accountability and FIDA-Uganda) and OHCHR held consultations from different stakeholders on key issues arising from the business-related developments.

According to the Initiative for Social and Economic Rights, the major issues identified by the participants during the stakeholder consultations included; environmental pollution, low remuneration for workers, and absence of contracts, child labor, human rights violations concerning the externalization of labor, sexual exploitation, and gender-based violence, land conflicts and forced evictions.

In Uganda, violent and forced evictions resulting from business activities aided by national and foreign investors are escalating. The communities are grappling with evictions by multinational companies, politically connected and wealthy individuals. Districts such as Mubende, Kiryandongo, Kassanda, Mityana, Kayunga, Kiboga, and Hoima, according to a survey by Witness Radio are riddled with evictions.

Mr. Haweka Martin is one of the land rights defenders in Jerusalem-Kisalanda, Kiryandongo district. His family is being evicted by Great Seasons SMC limited owned by a Sudanese investor to pave way for a coffee plantation.

He owned over 20 (twenty) acres of land, but he currently stays on less than an acre. His family of 10 (ten) lives in their small, wattle and daub house in the middle of the plantation.

“We are sleeping in a small house. The others were razed by the company, and they don’t allow you to reconstruct them,” he said

Since 2017 an estimated number of 36,000 people have been evicted from their land in the Kiryandongo district by the three (3) multinational companies without prior consultation, education, or compensation.

The companies have not stopped.  Rape, defilement, and fly-grazing are being meted to some of the residents who refused to vacate the said land. The evictees are now jobless.

“We are not accepted to dig on our land. We spend all the time at home. Our families are starving, because we used to survive on agriculture which we no longer practice,” the 52-year-old defender shares.

Land evictions have affected the wellbeing of the poor families, whose entire livelihood only depended on their land.

“The only thing we can do now is collecting pieces of dry wood, burning them to charcoal to get what to feed the family. You have to struggle to find them and if the guards see you, you are arrested and charged either with criminal trespass or malicious damage. Due to lack of food, the entire village depends on water but even then, some wells were contaminated by the companies while others like boreholes were also fenced off.” he revealed.

According to Mujuni,  Haweka and other people whose rights have been breached as a result of business-related activities will have a lasting solution. “The NAP is a big achievement for Uganda as a country. Having and acting on a National Action Plan on Business and Human Rights shall fulfill the state’s duty to protect citizens and communities from business-related human rights abuses. It is now a National document awaiting to be launched,” he said.

Since, and conflicts being one of the major issues raised during the stakeholder consultations, he believes all developments causing disintegration of families, shall first and foremost be required to consult, educate and compensate residents before the projects take off.

“No project is expected to start without clearing the processes, we are tired of seeing our people suffering,” he added.

For complaints arising from the unfair compensation, he says that there shall be a grievance redress mechanism comprised of different stakeholders to resolve the matters before seeking justice from courts of law.

Related posts:

Times for mitr phol, coca cola, nestle, mars wrigley and bonsucro to live up to their human rights responsibilities. Investigate the criminalization of land rights defenders – witnessradio.org asks National Human Rights Body. Breaking Alert! Uganda Police Nets a middleman linked to the Kiryandongo district land grab saga Breaking! Kiryandongo human rights situation is presented before the United Nations… Advocates meet in Accra to assess the performance of the 10 year United Nations Guiding Principles (UNGPs 10+) on business and human rights on the African continent.

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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.

Published

1 week ago

on

December 11, 2024

By

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

1 week ago

on

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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