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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: Police raids a community land rights defender’s home, and arrests another community land rights defender.

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By Witness Radio Team

Police has arrested Mr. Kabugo Micheal, a community land rights defender of Kawaala Zone II in the wee hours of the morning.

Mr. Kabugo Micheal, a community land rights defender in Kawaala Zone II, Rubaga Division in the City of Kampala has been mobilizing his community to resist an illegal eviction by Kampala Capital City Authority (KCCA) implementing a project financed by World Bank.

In 2015, KCCA acquired USD 175.5 million loan from the World Bank and the International Development Association (IDA) to finance Kampala Institution and Infrastructure Development (KIIDP) project. Part of the money (USD 17.5 million, which is 63 billion Uganda shillings) was earmarked to construct Lubigi Primary Channel which is negatively impacting the local communities.

In not less than a week, police have arrested three projects affected persons (PAPs) of Kawaala Zone II including two community land rights defenders.

Mr. Kasozi Paul Sengendo, a community land rights defender, and Mr. Sserugo Charles, a project-affected person, were arrested on Wednesday 16th February 2023 and detained at Old Kampala Police Station and later arraigned before the Mwanga II Magistrate Court where they were charged with fraud and obtaining money by false pretense. Kabugo’s arrest is the latest.

According to Kabugo’s family members, two-armed anti-riot police accompanied by the Kasubi Parish Local Council II Chairperson, Mr. Tamale Peter, and a one Mr. Ssenyonga Sulaiman raided the defender’s home in Nabweru village in Kawempe Division at 5:00 a.m. EAT,  a jumped over his fence and arrested the defender.

“At around 5:00 am, we heard footsteps moving around our house but we did not notice their intentions. Shortly, we then heard people climbing over our fence and accessed our compound. They immediately demanded that we open our doors. When we opened, the police informed Mr. Kabugo that he is being taken for interrogation. Asking what he had committed, Mr. Ssenyonga said he received compensation for land that does not belong to him. They handcuffed him and forced him to sit on a waiting boda-boda (motorcycle) and later rode him to Nabweru police.” A source from his family member revealed.

A person who preferred anonymity for fear of reprisal revealed that a one Ssenyonga Sulaiman is conniving with police and area leaders to grab belonging to a beneficiary of the project. “He said he will do whatever it takes to grab our land because he is backed by powerful people. He claims ownership of our land.” A member of Kabugo’s family added. We tried to reach Sulaiman on his known contacts for a comment but in vain.

Lawyers representing the community described the escalating arrests as a move targeted to eliminate the vocal community defenders mobilizing their fellow communities to resist landgrab by KCCA implementing a World Bank-funded project.

“We condemn the illegal arrests of community land rights defenders of Kawaala Zone II who among others include Mr. Kabugo. This is the third time he has been arrested for defending his community of over 300 people whose land is to be used for the Lubigi drainage project. We believe these continued illegal arrests are retaliations arising from his work of defending the poor community.” His lawyer told Witness Radio.

Mr. Kabugo was first arrested on 18 July, 2022 together with three other land defenders and charged with fraud. Police at Old Kampala Regional Police Headquarters arrested three community land rights defenders including; Kasozi Paul, Busobolwa Adam, and Kabugo Micheal from Kawaala Zone II, Rubaga division, and preferred a fraud charge against them.

On 31 October, 2022, 8 armed Policemen arrested Kabugo Michael who was due to set off for a community meeting between the residents, and their advisors, Witness Radio – Uganda, and the Accountability Counsel, intended to discuss issues pertaining the infrastructural project.  He was later released without charges and the latest news is he got arrested after his home was raided today.

In a space of less than a year, 4 community land rights defenders, who include Abas Ssegujja, Kasozi Paul Ssengendo, Busobolwa Adam have been arrested, detained and charged for mobilizing their communities to resist land evictions. The continued resistance to surrender land has also caused the arrest of one Project Affected person, Charles Sserugo.

The defender is currently being held at Nabweru police station.

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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.

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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.

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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.

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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.

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Buganda Road Court will hear a bail application for 15 EACOP activists today.

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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.

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