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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

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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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: 15 Anti-EACOP Activists have been charged with common nuisance and remanded to Luzira prison.

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By Witness Radio team.

A group of 15 anti-EACOP protesters from Kyambogo and Makerere University Business School (Mubs) Universities was arrested on Monday, 11th, for protesting against the East African Crude Oil Pipeline (EACOP) project. They have been arraigned before Buganda Road Chief Magistrates Court and charged with common nuisance.

Fourteen of them were students from Kyambogo University including 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 from Makerere University Business School (MUBS). Grade one magistrate Sanula Nambozo remanded them.

Section 160 (1) of the Penal Code Act states that any person charged with common nuisance, once convicted, is liable to imprisonment for one year.

Police arrested them while marching toward Uganda’s Parliament to meet the Speaker of Parliament and raise concerns about the East African Crude Oil Pipeline (EACOP) project, including the gross human rights abuses and the significant threat it poses to the environment.

This case is part of ongoing protests against the $3.5 billion EACOP project, which will transport crude oil from Uganda’s Albertine region to Tanzania’s Tanga seaport. The project has faced criticism over delayed compensations for affected persons and secretive agreements. Despite a European Union resolution against the pipeline, President Yoweri Museveni has insisted it will proceed as planned.

The prosecution alleges that on November 11, 2024, the accused gathered at Parliamentary Avenue, causing disruption and inconvenience by holding an unauthorized demonstration on the road while displaying placards and banners opposing the oil pipeline.

The 15 activists have been remanded to Luzira Prison until November 26, when their lawyers could apply for bail.

 

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: 15 Anti-EACOP Activists Arrested in Kampala While Marching to Parliament

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By Witness Radio team

Kampala, Uganda – A group of 15 anti-EACOP protesters from Kyambogo University have been arrested in Kampala, Uganda’s capital by police while marching toward the Ugandan Parliament, Witness Radio has learned.

The activists, dressed in orange T-shirts bearing the slogan “No to Oil” and chanting “Stop EACOP,” were arrested by Police at Parliamentary Avenue at approximately 10 a.m. EAT this morning. They wanted to meet the Speaker of Parliament to raise concerns about the East African Crude Oil Pipeline (EACOP) project.

The protesters claim that the EACOP project has led to severe human rights abuses and poses a significant threat to the environment.

Their arrest comes just hours after the start of COP29 in Baku, Azerbaijan. The 29th Conference of the Parties (COP29), hosted by the Government of Azerbaijan, officially begins today, Monday, 11 November, and runs through Friday, 22 November 2024. It aims to build on previous achievements and set a foundation for future climate ambitions to address the global climate crisis.

Uganda, represented at COP29, hopes to use this opportunity to obtain funds for projects related to resilience and adaptation. However, campaigners contend that rather than speaking for Ugandans negatively impacted by climate change, the delegates will emphasize securing financing for environmentally damaging initiatives like EACOP.

Activists are being detained at the Central Police Station in Kampala.

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

18 arrested in oil pipeline protests

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Police in Kampala yesterday arrested 18 individuals who were marching to the Energy Ministry to deliver their petition to Minister Ruth Nankabirwa, expressing their concerns over the planned construction of the East African Crude Oil Pipeline (Eacop).

The arrested individuals are part of the more than 50 students from various institutions under their umbrella body, Students against Eacop Uganda, and a section of Eacop Project Affected Persons (PAPs) who are opposed to the building of the pipeline.

Mr Luke Owoyesigyire, the Kampala Metropolitan Police deputy spokesperson, confirmed the arrests.

 “We are holding 18 people who had gathered or assembled unlawfully with the intent to march to the Ministry of Energy. They are currently being held at the Central Police Station in Kampala on charges of holding unlawful assembly,” he said.

Mr Owoyesigyire added: “We are aware that this is the same group that has been moving to the Chinese Embassy, last time they were moving to the Chinese company in charge of oil drills and this group is very resilient because every week, we arrest them. Like they are not tiring, even us we shall not tire to deploy our officers to arrest them and produce them in courts of law.”

Eacop is a 1,443km heated pipeline that will be constructed from Hoima in Uganda to Tanga in Tanzania to transport the crude oil that is expected to start being extracted next year.

It is being constructed by four partners; Total Energies owning 62 shares, China National Oil Company (Cnooc) [8 percent], Uganda National Oil Company, and Tanzania Petroleum Development Corporation owning 15 percent shares each.

 

Soldiers arrest some of the protesters in Kampala yesterday. 

Affected areas

In Uganda, it passes through 10 districts of Hoima, Kikube, Kakumiro, Kyankwanzi, Mubende, Gomba, Sembabule, Lwengo, and Kyotera, 27 Sub-counties, three Town Councils and 171 villages.

Before the arrest, the PAPs and student activists said the project had caused more suffering and posed more risks.

Mr Robert Pitua, one of the students and a PAP, said the project, despite coming with rosary statements, did not benefit them.

“We want to reach these people as a way of raising our concerns. Livelihood restoration programmes were insufficient, and now we cannot manage to restore the initial livelihoods we had. Most people are given unfair and inadequate compensation. They are using the old valuation rate and yet we are supposed to be using the current one,” he said.

Mr Bob Barigye one of the activists, said “Some people were given Shs260,000 as compensation in an acre of land, which payment is not clear since it was valued at an old rate. So we are here to express our concerns in a peaceful protest since we wrote letters and reports in vain.”

Mr Stephen Okwai, another PAP, said: “Currently most of us in western Uganda are being disturbed. You cannot know when the rain is going to start and when it will stop yet most of these people are farmers. The effect of this oil project is greatly impacted on the grassroots people.”

One of the protesters being dragged onto the police pickup truck.

What government says

According to their official website, Students against Eacop Uganda is an umbrella body of different student climate activists who are fighting to stop the pipeline construction because of what they call its devastating environmental impact.

These claims were, however, bashed by officials from Eacop Ltd, a firm responsible for the construction of the pipeline.

Mr John B Habumugisha, the deputy managing director of Eacop Ltd, said 99 percent of PAPs have fully been compensated.

“As of August 2024, a total of 9,831 out of 9,904 (99 percent) of PAPs in Tanzania and 3,549 out of 3,660 (97 percent) PAPs in Uganda have signed their compensation agreements. 9,827 out of 9,904 (99 percent) PAPs in Tanzania and 3,500 out of 3660 (96 percent) PAPs in Uganda have been paid. All 517 replacement houses, (177 in Uganda and 340 in Tanzania), have been constructed and handed over,” he said.

He added: “Land is accessed by the project only after compensation has been paid and the notice to vacate is issued and lapsed. Eligible PAPs are entitled to transitional food support and have access to livelihood restoration programmes.”

About pipeline

The 1443km pipeline from Hoima in Uganda to Tanga Port in Tanzania is expected to reach financial close this year, with the nearly $3 billion debt component of the project coming from Chinese lenders Exim Bank and Sinosure. The project is financed on a 60:40 percent debt-equity ratio. As at the end of April this year, the Eacop project progress in Uganda and Tanzania stood at 33 percent.

Source: Monitor

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