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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: over 350,000 acres of land were grabbed during Witness Radio – Uganda’s seven months ban.

Published

3 years ago

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By Witness Radio Team.

As the onslaught on civil society heightens, its space continues to shrink which has bearing on the services they render to the communities. Witness Radio, was among the 54 organizations suspended by Uganda’s National Bureau for Nongovernmental Organizations on August 20th, 2021. The actions are amongst the recent forms of attack on civil societies in Uganda. Other numerous attacks include arrests of rights activists, harassment, tortures, and office- break-ins at night by security operatives who move away with valuables.

The effects of this suspension were felt by communities facing land grabs across the country. For seven months while the organization was suspended, over 300,000 people were evicted from their land and couldn’t access specialized and prompt legal assistance.

Witness Radio Uganda, globally known for its campaign against community land-grabs couldn’t assist these victims of land grab since it risked facing further sanctions from the Bureau in case it intervened. However, last week, there was some relief, when Uganda’s National Bureau for NGOs lifted suspension and certified its operation.

According to Mrs. Bulyerali Joan, the Head Legal at Witness Radio – Uganda, the organization conducted a review of the evictions that happened during the suspension. With information and assistance from some lawyers, local journalists, and community land and environmental rights defenders across the country, the evictions watchdog was able to document cases of hundreds of thousands of Ugandans that were either forcefully evicted or received threats of evictions while in its limbo.

The ban imposed on Witness Radio coupled with the disruptive impacts of COVID- 19 resulted in the surge of eviction cases, especially in areas where the organization had a presence. Throughout the ban, without access to swift and prompt legal support, the communities resorted to sharing with the world their ordeal.

She further noted that the evictions were conducted in disregard of the law on evictions. “I was shocked to see powerful people and companies take advantage of our suspension to escalate the evictions of vulnerable communities that received our assistance. The evictions did not comply with the land eviction practice directives. None of them was preceded by legal court orders.”  She noted.

According to the Land Eviction directives, issued by the former Chief Justice of Uganda, Bart Katureebe, evictions shall be preceded by valid court order, properly identifying the persons taking part in the eviction, and upon presentation of formal authorizations. The police and local authority of the area shall be notified and shall be present to witness the evictions, among others.

Based on the data gathered by the team, various communities across the country were left dispossessed by land grabbers without any form of assistance. Others have received threatening messages with intentions of dispossessing them off their land.

During the period under review, over 300,000 people across the country are believed to have been threatened with evictions, while 350,000 acres of land were either grabbed or on verge of being grabbed.

“However much, we gathered this information, we expect the cases to be higher because some evictions go unreported either due to the remoteness of the areas or other related factors.” One of the collaborators observed.

The evictions were extremely violent.  They were characterized by kidnaps, arrests and detentions, torture that often-caused unexpected grief to the communities.

Among the most affected districts include Kyankwanzi, Mubende, Kassanda, Hoima, Buikwe, Wakiso, Kikuube, and Bulambuli districts.

In some of the mentioned districts, the Lands, Housing, and Urban Development Minister toured and halted the evictions but the evictors continued unabated.

Mr. Kimazi Experito, a journalist based in Mubende, attributed the rise of evictions to the organization’s suspension which denied the evictions-affected communities access to specialized legal assistance.

He said Witness Radio has offered support to over 20 land-grab-affected communities in Mubende with legal support. “Witness radio is a game-changer that brought back lives of evicted communities to normal,” he lauded.

“Mubende is one of the fastest-growing areas because of gold and other minerals as well as factors related to fertile soils. Currently, it is one of the hotspots of evictions. Opportunists used this chance to grab land from people with full attention. Without the defenders, it’s often hard for people to get justice since local people are not much informed about land laws.” Kimazi explained.

Engineered by powerful people in public offices, multinational companies, and politicians using state machinery including the army and national police, forced evictions to continue to affect food sovereignty and threaten the role of indigenous communities to protect the environment.

During the same period, President Yoweri Museveni stopped any eviction without the approval of the Resident District Commissioners. However, legal experts warned that the move is to usurp the powers of the Judiciary. In a statement signed by Pheona Nabasa Wall, the Uganda Law Society President noted that the directive undermined the role and independence of courts in handling eviction matters.

That notwithstanding, “Occasionally, the residents are not given any opportunity to negotiate with the landlords. Even when the government obliges to pay landowners, neither does the government nor the evictor compensate for the damaged property. During evictions, properties that were made for their life end up being destroyed in seconds which causes lifetime misery.” Paul Kasoozi, a community land rights defender stated.

With different tactics aimed at alienating the poor from their land, it has been established that the police and the army continued to play a huge role in the largest forms of violent evictions through torture, arbitrary arrests, and detention and instilling fear and pressurizing the local communities to vacate their land on orders of the evictors.

Many of those community members who oppose land evictions end up being kidnapped, tortured, or arrested and detained to silence the community. It takes support from an organization defending communities’ land rights to intervene for such communities to get justice.

Days before the lifting of the suspension imposed on Witness Radio, communities neighboring the Katta Barracks in Bulambuli district, were violently evicted by the Uganda People’s Defense Forces under the alleged command of Lieutenant Colonel Mukiibi Julius without offering alternative resettlement.

Related posts:

Signs of harmful projects with financing from development institutions are spotted in Uganda… Witness Radio Uganda wins the best CSO land rights defenders award at the National Land Forum Awards. 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… Local communities lost over 60,000 acres of land to grabbers at a time Witness Radio – Uganda was under a suspension. Witness Radio – Uganda, Community members from Mozambique and other organizations around the world say NO to more industrial tree plantations

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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

2 weeks 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

2 weeks 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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