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Defending Land And Environmental Rights

Breaking: Police invade the Kiryandongo community in the wee hours of the morning and arrest 12 people including children, others on run.

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By Witness Radio team

12 people in Nyamuntende village, Kiryandongo district have been arrested by the police in Kiryandongo in an early raid targeting male family heads. The raid was superintended by the Kiryandongo Officer in Charge of operations and involved 3 full police patrols, beating whoever resisted the arrests.

The raid that happened at 2:00 am in the wee hours of the morning has been described by the majority as the most traumatic incident forcing others to run to bushes to escape the attack.

The arrested community members include Mulenje Jack, Steven Kagyenji, Mulekwa David, Ntambala Geoffrey, Tumukunde Isaac 15 years, Kanoni Vicent 16 years among others. The community members are part of a community of over 300 smallholder farmers resisting forced evictions by a group of local investors, which includes; Mbabazi Samuel, Isingoma Julius, Mwesigye Simon, John Musokoto among others in Ranch 22, Nyamuntende village in Kiryandongo district.

According to eyewitnesses, three full-armed police patrols invaded Nyamutende village at 2:am in the morning, beating and arresting people. The attack left 12 members of the community arrested forcing the majority to go into the hideouts.

“They came at night and demanded us to open doors without identifying that they are police officers. When we opened, they swung in and arrested whomever male they found in the homes. Some of them that were protesting the arrest were seriously beaten. Other community members are on the run because the police said it is coming for them.” An eye witness told Witness Radio.

Police accuse the community of attacking and threatening to kill workers of the investors and burn the investors’ tractors, and stopping them from cultivating on land that investors paid for.

“A group of 40 people last week attacked on Thursday attacked and threatened to harm and kill workers of the investors who were operating tractors. They also threatened to burn their tractors yet the land that was being plowed was not for the community. It belongs to the investor” The Kiryandongo District Police Commander, Odonga Tonny told Witness Radio.

He added that police is still looking for other members that fled their homes to escape the arrest. “Some members were not found in their houses and we understand, were part of the group. We are coming for them any time.” The DPC added.

However, the community says one Mbabazi Samuel one of the investors encroached on their land while plowing his land. Mr. Mbabazi and others at large are accused of grabbing over 2000 acres of the community land.

“Mr. Mbabazi and his men encroached over 49 acres of our land while plowing. We approached to the tractor operators and kindly requested them to leave our land because it was not belonging to the investor. They listened and left our gardens and now we are wondering how we threatened to kill them or burn their tractors.” Mr. Kaliisa Yozefu, one of the residents whose 25 acres of his garden were plowed narrated.

The 12 community members according to the DPC are currently in Custody at Kiryandongo Police station, likely to be charged with threatening violence and criminal trespass.

 

Defending Land And Environmental Rights

Breaking: A defender is kidnapped from his home, sitting on land targeted for large-scale sugarcane growing. 

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By Witness Radio team

A group of people with some believed to be attached to Kiryandongo district police have kidnapped Wandiba Moses, a Nyamuntende-based community land rights defender, and taken him to yet unknown places, his family members have confirmed to Witness Radio.

According to eyewitnesses, Wandiba was kidnapped from his home the previous weekend shortly after refusing a forced survey of his land. 

The defenders home is located on land targeted by Somdium Limited for large-scale sugarcane growing. The company was incorporated in Uganda in 2011 and brands itself as one of the biggest sugar exporters to the Democratic Republic of Congo and South Sudan among others. 

Wandiba is the third (3) community land rights defender to be targeted with kidnap for his involvement in rejecting the forceful acquisition of their land commonly referred to as Ranch 22 in less than two months. 

On the 7th of February 2023, Kiryandongo police under the command of the District Police Commander (DPC) invaded the Nyamuntende community and arrested twelve (12) members of the Ranch 22 community. These included two community land rights defenders Mulekwa David and Mulenga Jackson. Eight (8) were cattle farmers including Kanunu Innocent, Musabe Steven, Munyankole Enock, Lokong Gabriel, Ntambala Geoffrey, Kagenyi Steven, Mukombozi Frank, one Karim, and Kuzara Frank. At the same time, one minor Tumukunde Isaac was also arrested.

We saw some people in police uniforms together with familiar faces of land brokers in Kiryandongo district. We identified one of them as Mbabazi Samuel. When they reached his home, they told him they wanted to value his land and properties. In his response, the defender vehemently refused and stopped everybody not to enter his land,said Caleb Mushija, the chairperson of the affected community, who witnessed the incident.

He further narrated that the defender’s refusal led him to be grabbed by men from behind and handcuffed knot before being thrown onto a white double Cabin with registration number UG0203L.

According to the Witness Radio research team, the vehicle number plate described above belongs to the government of Uganda. 

The kidnap of the defender follows a meeting on Tuesday 21st of March 2023 meeting between affected residents in Ranch 22 in Nyamuntende, District leadership, and the District Security Committee, chaired by Mr. Dan Muganga, the Kiryandongo Resident District Commissioner (RDC). 

According to the residents, the RDC said in the meeting that the government had brought valuers to undertake land property assessment exercises. Still, he called on all stakeholders to have it peaceful.

When contacted about the kidnap of the defender in a forced valuation exercise RDC Muganga claimed that he was unaware of the incident. 

I told the District Police Commander (DPC) himself that valuation exercise should not be forceful, people should consent first before any exercise. If that is the case, let me call him now.He said.

The District Police Commander, Muhangi Edson requested time to establish where the defender is being held.

I am trying to call someone to find out. I will get back to youthe DPC added.

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Defending Land And Environmental Rights

Breaking: Mwanga II Court grants bail to two defenders and a Project Affected Person (PAP).

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By Witness Radio team

A Magistrate court sitting at Mwanga II road in Kampala has granted a cash bail to two community land rights defenders and a project-affected person after spending 24 and 21 days on remand respectively.

Defenders; Kabugo Michael and Kasozi Paul Ssengendo and a project-affected person, Charles Sserugo, were charged with conspiracy and obtaining money by pretense before being sent to Luzira prison.

Before being charged and remanded to prison, Kabugo and Kasozi, on several occasions, had been in and out of Old Kampala Police on orders of the Deputy Resident City Commissioner (D/RCC) in charge of Lubaga Division in Kampala Kampala.  RCC is a title given to the president’s representative at either district or division levels.

Both defenders have been mobilizing project affected community in Kawaala, Zone II, to resist forced evictions orchestrated by the Kampala Capital City Authority (KCCA) and demand justice for all project-affected persons. The project is implemented with funding from the World Bank.

KCCA acquired a loan of over USD 175 from the World Bank and the International Development Association (IDA) in 2015 for the second Kampala Institution and Infrastructure Development (KIIDP-2) project. Part of this money (USD 17.5 million, which is 63 billion Uganda shillings) is to construct the Lubigi Drainage Channel.

Before granting them bail, the court gave stringent conditions namely; each of the accused had to pay paid cash of two million Uganda Shillings (equivalent to 535.06 US Dollars); attend court whenever summoned; directed them not to leave the country; and keep off the prosecution’s investigations.

Section 309 of the Penal Code Act Cap. 120 states that the charge of conspiracy takes three (3) years imprisonment on conviction while the maximum sentence of obtaining money by pretense, according to Section 305 of the Penal Code Act Cap. 120, is a punishment of five years imprisonment on conviction.

His Worship, Byaruhanga Adam, relied on the submissions filed by the defense lawyers, which included presenting substantial sureties. Their sureties were conditioned with 50 Million Uganda Shillings (equivalent to 13,376.50 US Dollars) non-cash.

The Court will resume on the 4th of April 2023 at 10: 00 am East African standard time.

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Defending Land And Environmental Rights

The ruling of bail applications for the two community defenders and a project-affected person of Kawaala zone is happening today.

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By Witness Radio team.

Mwanga II Magistrate Court in Mengo, in Kampala is hearing bail applications for the two community land rights defenders and a project-affected person (PAP) of Kawaala zone II, in Rubaga division who have been on remand for 14 and 11 days respectively, this morning.

Mwanga II Grade I one Court charged the two community defenders, Mr. Kabugo Micheal and Kasozi Paul Ssengendo, and a project-affected person Mr. Sserugo Charles with conspiracy and obtaining money by pretense and remanded them to Luzira Government prison.

Mr. Kasozi and Sserugo were arrested on Wednesday, 15th February 2023, whereas Mr. Kabugo was arrested on Saturday 18th, 2023 in a morning raid.

Last week, the hearing of the bail applications that had been scheduled to take place on Wednesday, 22nd of February 2023 failed to take off due to the absence of the trial magistrate. Court said he (the trial magistrate) was nursing a sick person.

On the same day, all three appeared the second time before the Grade one Magistrate because the Magistrate His worship Byaruhanga Adam with jurisdiction to hear their case was attending to his sick mother.

According to their lawyers, they sought permission from the grade one magistrate to enter an oral bail application on record which he permitted but denied granting them bail. His Worship Magezi Amon said his Court does not have jurisdiction to grant bail to the accused and requested them to wait for a bail ruling when the trial magistrate returns. 

Section 309 of the Penal Code Act Cap. 120 states that the charge of conspiracy takes three (3) years imprisonment on conviction while the maximum sentence of obtaining money by pretense, according to Section 305 of the Penal Code Act Cap. 120, is a punishment of five years imprisonment on conviction.

The two defenders have been facing reprisals for leading their community to push back a forced eviction by a World Bank Project implemented by KCCA.

All the three who are expected to appear in Court today, are residents of Kawaala Zone II, Lubaga Division, Kampala district, an area Kampala Capital City Authority (KCCA) intended to forcefully evict locals and construct a drainage channel, a project funded by the Word bank.

KCCA acquired a loan of over USD 175 from the World Bank and the International Development Association (IDA) in 2015 for the second Kampala Institution and Infrastructure Development (KIIDP-2) project. However, part of the money (USD 17.5 million, which is 63 billion Uganda shillings) was meant for construct the Lubigi Drainage Channel.

His Worship Byaruhanga Adam is expected to return this morning, 1st March 2023, Wednesday to deliver the ruling of bail applications.

 

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