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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Civil Society Petitions U.S, British Governments Over Kiryandongo Evictions

Published

5 years ago

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A look of anguish covers their faces, some break down in tears as they reminisce the events that led to their forceful eviction from a 13-square-mile chunk of land in Kiryandongo district.

The evictions that started on Christmas day in 2017 have left more than 30,000 families homeless after three plantation farmers – Kiryandongo Sugar Ltd, Agilis Partners, and Great Seasons Ltd took ownership of land that the government had originally allocated to Nyamalebe Farmers Association.

“We have petitioned several government ministries and departments including Parliament, we have been to courts and State House but no one seems to care about our plight,” John Isingoma, the chairman of Nyamutende village told a group of rights activists that visited the area on March 12.

The activists were drawn from Food Rights Alliance, International Accountability Project, GRAIN and Witness Radio which taking the lead in pursuing a litigation process against the government and the investors whom they accuse of rights violations.

The land in question is part of the 37.8 square miles of land, originally registered under the Bunyoro Ranching Scheme but allocated to landless people in 1997 under the ranches restructuring program that began in 1990.

It is part of what was formerly registered as Nyamakere and Kibeka Central Forest Reserves.

According to a June 16, 2014 letter by the then State Minister for Environment, Flavia Nabugere to the Prime Minister, the decision to allocate the forest reserves to the landless people was reached after an assessment that proved that human settlement was a better option than having ranches along the River Nile Basin.

This was the position of the relevant government Ministries, Kiryandongo district local government and backed by a cabinet and Parliamentary approval especially after the government found the same land suitable for the resettlement of the 2011 Bududa landslide victims.

Behind the scenes, the district leadership entered into a memorandum of understanding (MOU) with Kafu Sugar Ltd to take over the land for sugarcane growing.

The locals ran to the High Court in Masindi to the challenge the MOU and for an injunction to the activities of the sugarcane growers on the land.

The suit has remained in the court shelves while the Asian directors of Kafu Sugar Ltd incorporated another company in the names of Kiryandongo Sugar Ltd that went ahead with the sugarcane growing program.

MINISTERS FIGHT

Kiryandongo Sugar Ltd moved to take possession of the land after a November 16, 2017 letter by then Lands minister, Betty Amongi, addressed to the Kiryandongo district leadership, telling them that the Uganda Land Commission had allocated ranches numbers 23, 28, 29 and 30 to the sugarcane growers.

She reported that Museveni had approved the allocation while other private holders of the ranches had sold their stake to other investors.

Agilisi Partners from the Cayman Islands paid more than Shs 7.7 billion to take possession of 2600 hectares (four square miles) of land to cultivate simsim, soybean, and maize while another five square miles of land is held by a coffee-growing company, Great Seasons Ltd.

“In respect of the above, the resident district commissioner [RDC] and the district leadership are instructed to assist in all ways possible the owners of the specified ranches to amicably negotiate and settle any disputes with the legal tenants on the subject properties In accordance with the relevant land laws,” Amongi wrote.

Her letter was in protest of an earlier letter by the State Minister for Lands, Persis Namuganza that favoured the tenants against the interests of the investors.

“The issue of Kiryandongo ranches is before cabinet and His Excellency the President guided that a clear government program be drawn to come up with projects that will be established in these ranches, and also guided that all title [deeds] that were acquired on the same land be canceled, and those who purport to have bought [the land] be arrested because these are government ranches,” Namuganza’s November 7, 2017 letter to the Kiryandongo RDC partly reads.

Amongi told the Kiryandongo leaders to disregard Namuganza’s letter because it was “bound to cause legal suits” against the government.

While Namuganza relied on what transpired in the cabinet, Amongi acted upon Museveni’s July 17, 2017 letter in response to hers written on May 15, 2017, requesting for presidential approval to lease the Kiryandongo ranches to Kiryandongo Sugar Ltd.

REGRETS

What is so hurting for Joyce Bududu Tayebwa is that the evictions started a year after she had mobilized the locals to give Museveni a 100 percent score in the 2016 presidential elections.

“I feel ashamed that Museveni is doing this to us; it hurts me so much that for all this time, I have been working for NRM but Museveni found no difficulties in deploying his soldiers to inflict all sorts of atrocities on us,” a teary Badudu said.

Unlike others who were resettled on the land, Badudu was born here in 1975. Her mother, Stella Kamwoshe looked on as her daughter narrated their ordeal.

Kamwoshe now sleeps by the roadside under tarpaulin covers as she keeps watch over her herd of about 30 heads of cattle.

Attempts by the Kiryandongo district leaders to get her back on her land, and for her cattle to access her valley dam have not yielded any fruit.

“I blame Museveni for the scars on my body because it is him who sent the army to shoot at us, beat us, raze our homes and kill our animals,” Badudu said.

ONLINE CAMPAIGN

The CSOs led by Witness radio have in the meantime launched an online campaign urging the governments of the UK, Netherlands and the United States to freeze their support to the companies involved in the evictions over human rights violations.

The CSOs put the number of victims at more than 30,000 families that have suffered violations such as the use of excessive force, illegal arrest, and detention, harassment, intimidation, demolition of schools, worship centers and homes.

Source: The Witness

Related posts:

Why Are Evictions Still Happening In Kiryandongo: Witness Radio Petitions Government. As the court starts to hear a case filed against Kiryandongo Sugar Limited, president Museveni offers to compensate forced eviction victims 35,000 left homeless as private firms share Kiryandongo land Government issues notice on land evictions amid COVID-19 lockdown Seven lawyers among those arrested while investigating mass evictions by multina-tionals in Kiryandongo district.
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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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