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Coffee investor accused of evicting 400 peasants

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  • Written by joomlasupport

Mubende-based Kaweri Coffee Plantation Ltd. is embroiled in controversy after its parent company, the Neumann Kaffee Gruppe (NKG) of Hamburg, Germany, was accused of unlawfully evicting peasants from their land.

The complaint against NKG was filed by a German NGO, FoodFirst Information and Action Network (FIAN), that faults NKG for violating the Organisation for Economic Co-operation and Development (OECD) guidelines that govern the behaviour of multinational companies.

FIAN said that the complaint was filed on behalf of 400 small-scale farmers in Madudu sub-county, Mubende, who were allegedly, forced to vacate their land without adequate compensation. The land in question was subsequently leased to Kaweri by the government.The case was lodged on 15th June 2009 via the OECD contact at Germany’s Federal Ministry of Economics in Berlin.

Sandra Ratjen, FIAN’s Advocacy and International Policies Coordinator told The Observer that, “the complaint was a response to the lack of success-seeking legal remedies before national courts in Uganda, as well as to the unsuccessful attempt to dialogue and find [an] out-of-court agreement with the company.”

Illegal displacement

 NKG acquired the 11.6 square miles of contested land from the Uganda Investment Authority (UIA) on a 99-year lease, and the plantation was inaugurated by President Yoweri Museveni and Michael Neumann, Chairman of NKG, in August 2001.

However, advocacy group ActionAid International (Uganda), which works with the dispossessed farmers and first alerted FIAN to their plight, says that in the same month, over 2,000 people were forcibly evicted from the land and denied adequate compensation.

Evictions were allegedly, conducted by soldiers from a nearby army barracks led by Mubende’s then Resident District Commissioner. Residents from the villages of Keitemba, Luwunga, Kijunga and Kiryamakobe reportedly had their houses razed and property looted.

They lost their means of livelihood and are currently struggling to access adequate food, shelter, water, healthcare and education, FIAN said.

UIA rejection

“Neumann did not do anything wrong,” says Dr. Maggie Kigozi, Executive Director of Uganda Investment Authority. “The UIA bought that land from the landowner and the landowner had been the one to resettle the bona fide occupants, or squatters, or whatever you want to call them,” she said.

Kigozi admits that given the size of the land, and the conflicting claims over its earlier ownership, some people might feel they were poorly compensated, but the investment itself cannot be faulted.

“Neumann has invested in a large coffee plantation”, she said. “They produce high-end coffee, they have huge out-grower schemes. The township of Mubende, which used to be a miserable little town, is now booming, because so many people are now employed, either in the plantation, or they are benefiting from being out-growers.”

Still, many believe that the company’s actions have not translated into a fair deal for the aggrieved parties. “There were irregularities in [the] supposed compensation and relocation”, says Charles Businge, Country Director of ActionAid Uganda.

“There were failures to establish true facts regarding who were the occupants of the land before eviction. There were issues that led to forceful eviction by the army even before the notice period had elapsed. We think that if all these issues had been handled professionally, such a case would not have emerged.”

Compensation

According to Ratjen, “Only 2% of the evictees have been compensated and even in their case, compensation is not adequate following national and international standards.” FIAN explains that the OECD – which is itself committed to promoting sustainable economic growth and democratic processes in market economies – has guidelines that require multinational enterprises to act responsibly in host countries by respecting human rights.

Thus, it believes NKG should have ensured such rights were guaranteed before concluding its contract with the Uganda government. Peter Kayiira, an evicted Madudu resident, today heads ‘Stand up and fight for your Rights’, a loose coalition of the 400 dispossessed farmers on whose behalf FIAN has filed its complaint.

In 2002, the coalition, supported by FIAN and ActionAid, moved to sue both the Uganda Government and NKG. “According to the Constitution and the laws, the land is still ours”, Kayira explains.

“So in that case, the restitution of our former holding is inevitable. He says the group is suing for damages incurred by the evictees as their houses were razed and property looted, as well as punitive costs should the court find the treatment meted out to them to have been malicious, while also claiming legal costs.

They are however, still open to out-of-court settlements that will allow them to legally re-settle on two square miles of the contested land and provide suitable compensation for livelihoods lost.

Kaweri adamant

Jeremy Hulme, the Managing Director of Kaweri Coffee Plantation Ltd appeared unaware of the complaint filed with the OECD, telling The Observer it was a matter that could only be dealt with by NKG’s legal office. He said that the company’s actions and impact simply do not warrant the legal suits brought against it. “We are entirely the innocent party,” said Hulme.

“We paid for and took possession of an unencumbered piece of land, so surely, it is up to those that sold that land, to deliver such. We have no case, as far as we’re concerned, to answer.”

He added that Kaweri grows Robusta coffee over on 1,800 hectares, processes roughly 1,500 tons per year (much of it for export), and is the only substantial producer of ‘Uganda washed robusta’ in the country.

Moreover, it claims to employ some 250 permanent staff, and between 800 to 1,500 seasonal workers.  Ratjen agrees the Uganda government must primarily address the case as it has a duty to protect its citizens under international law.

However, “This does not mean that the company has no responsibility towards the respect of human rights when it invests abroad. NKG cannot pretend that it could not appreciate the impact of the establishment of the plantation on the lives of the forcibly evicted people.

The eviction itself took place to enable the project of the company.”  On its part, UIA is concerned, but not unduly worried by this latest controversy to embroil one of its most cherished foreign investors.

“The OECD will listen to both sides of the story”, Kigozi states. “They are not about to make decisions based on rumours.”

devapriyo_das@yahoo.co.in

THE WITNESS

Enemies of the State: Resistance to the EACOP becomes a deadly task

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It is no secret: in Uganda it is badly about human rights. With the construction of the East African Crude Oil Pipeline, repression against lawyers, but activists and journalists is taking on new proportions. They are staged as enemies of the state. The human rights organisation Witness Radio reports from Uganda.

The morning of the 15th April 2024 in the court of the Ugandan city of Hoima did not go as usual: court officials, police officers and passers-by watched helplessly as a crowd led by the activist Fred Mwesigwa read a petition in the Hoima High Court: “We are deeply concerned about the recent court ruling that orders the expulsion of 42 families in the Buliisa district to make room for the Tilga project.” They protested against a court order of December 2023, which gave the government the green light to the community to expel the community for the oil production project. The community had previously refused to accept the government-intended compensation payments for their country, on which they live and from which they live.

The Buliisa case is just the tip of the iceberg of the many communities affected by oil production projects. In Uganda and Tanzania, the rural population in particular has to give way to a 30-metre-wide pipeline corridor, oil production fields, tank farms, infrastructure and safety zones around the East African Crude Oil Pipeline (EACOP). According to a study published in 2022 by the organisation Les Amis de la Terre, up to 118,000 people could be affected by resettlement along the pipeline route, including mainly farming communities.

Low discompensation

In a conversation with Witness Radio, those affected reported that they were no longer in a position to meet their basic needs due to insufficient compensation and inadequate resettlement plans. James 1, who was taken to the Kyakaboga resettlement camp, declared that the inhabitants had been provided with infertile land that was unsuitable for the cultivation of crops. In addition, the camps are overcrowded, which means that the residents are exposed to illness. He stressed that access to health services is particularly challenging. Pregnant women in particular are facing difficulties, as the nearest health centre is eight kilometres away. Tragically, James said, three pregnant womans would have lost their babies on their way to there.

As in the case of the 42 households from Buliisa, who refused compensation from the government, many of the EACOP projects say those affected that the government did not adequately assess their land and property. Nevertheless, they were forced to release their land for the project. They criticised the fact that they were not sufficiently sensitised to the negative effects of the project. Instead, the government and the majority shareholders Totalenergies promised large compensation, prosperity growth and employment opportunities that have not yet occurred.

A study by Inclusive Development International also concludes that, in accordance with international standards, the government and TotalEnergies have systematically failed to involve the people affected by the project and civil society in the planning and providing them with low-threshold information. The study also states that when testing the environmental impact of Tilenga, Kingfisher and EACOP, it was found that the project promoters do not use the “best available techniques” to prevent the impact on the impact of ecosystems. The decision to use low-cost technologies for oil drilling and water-leading areas is therefore a predictable risk to the health and safety of local residents.

Opposition underesired

When the first land survey for the Tilenga project took place in 2020, many families expected to benefit from the project. Later, however, TotalEnergies aimed to acquire their country free of charge. In consultation with some real estate agents, local authorities, police and army, the company distributed almost 20,000 people in Kapapi (Hoima) in February 2023. In the course of this, women were also raped. Before the forced expulsion, the local police, in cooperation with the real estate brokers, had arrested those who criticised the land grab in order to intimidate the other members of the community.

Activists are presented as ‘anti-development’

The seven defenders of the plaintive families, Karongo Edward, Mulega Eria, Kataza Samuel, Rangira Stephen, Rubyogo Edward and Mbombo Stephen, were charged with a host of alleged crimes. In June 2023, after three to five months in prison, they were released on bail. However, as part of their bail pads, they must report regularly to the court in Hoima.

The criminalisation of land and environmentalists has become a common tactic by the Ugandan authorities in order to silence opposition and maintain impunity. This tactic does not only exist in Uganda, it is a global problem – especially in the context of large infrastructure projects.

According to the data from Witness Radio, in seven out of ten cases of evictions, defenders are subjected to targeted violence, torture and arbitrary arrests. They are often falsely charged with a large number of crimes ranging from domestic peace and attempted murder. At the end of June 2023, Witness Radio reported that more and more environmental and land-legal defenders who uncover questionable business are targeting state controls. From 2010 to 2023, more than 1,500 people. In connection with the pipeline, Witness Radio has documented 75 cases of arbitrary arrests, detentions and forced disappearances since the first construction work.

Opposition to the EACOP has become a mortal danger. Activists and human rights activists are confronted with hate speech, arrests, torture and death threats and are portrayed as ‘honsensible to development’ – on the grounds that they would promote the interests of Western countries.

The Resistance goes on

Ugandan activist Bob Barigye reports that the state security forces are using “false accusations” to arrest activists. “We are considered enemies of the state,” says Barigye. “The police are now preferting psychological torture because physical torture would create poor publicity for the oil pipeline project, which could deter investors and insurers. The government does not want to be in the international spotlight for the wrong reasons.”

Not only the project opponents, but also journalists in Uganda find it difficult to report on the EACOP projects: Gerald Tenywa is a Ugandan science journalist who has been reporting intensively on environmental protests for decades. In an interview with Drilled Media, he describes the difficulties in reporting on EACOP activists who criticise the construction of the pipeline. He cites the government’s intolerance to protests as a hurdle for journalistic work and stresses that in developing countries “oil and politics have almost always merged”.

“Oil and politics are almost always fused”

Emmanuel Okello works for the Uganda Radio Network in the Ugandan Albertine region. According to him, reporting is also made more difficult by the fact that the government and the companies involved keep the most important information about the oil projects under wraps. “A lot is claimed to promote these projects, including the development of the communities,” says Okello, “but this is not the case on the ground. People do not benefit from the projects, they only destroy their livelihoods. If you ask the government who exactly the beneficiaries they are talking about, there is no clear answer.”

It remains a difficult task to bring the voices of the affected communities into the public and to cope with the associated repression. It is also connected with obstacles to achieving justice through legal route. Thus, the court in Hoima rejected the application for the cessation of the evictions of the 42 families in Buliisa mentioned above.

The presentation of the plight of these communities, the protection of the environment and support for court cases are crucial, especially at a time when the space for civil society and media freedom in Uganda is becoming ever smaller. This requires cooperation with international groups and support for civil societies and media.

Source: www.iz3w.org

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Statement: The Energy Sector Strategy 2024–2028 Must Mark the End of the EBRD’s Support to Fossil Fuels

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The European Bank for Reconstruction and Development (EBRD) is due to publish a new Energy Sector Strategy before the end of 2023. A total of 130 civil society organizations from over 40 countries have released a statement calling on the EBRD to end finance for all fossil fuels, including gas.

From 2018 to 2021, the EBRD invested EUR 2.9 billion in the fossil energy sector, with the majority of this support going to gas. This makes it the third biggest funder of fossil fuels among all multilateral development banks, behind the World Bank Group and the Islamic Development Bank.

The EBRD has already excluded coal and upstream oil and gas fields from its financing. The draft Energy Sector Strategy further excludes oil transportation and oil-fired electricity generation. However, the draft strategy would continue to allow some investment in new fossil gas pipelines and other transportation infrastructure, as well as gas power generation and heating.

In the statement, the civil society organizations point out that any new support to gas risks locking in outdated energy infrastructure in places that need investments in clean energy the most. At the same time, they highlight, ending support to fossil gas is necessary, not only for climate security, but also for ensuring energy security, since continued investment in gas exposes countries of operation to high and volatile energy prices that can have a severe impact on their ability to reach development targets. Moreover, they underscore that supporting new gas transportation infrastructure is not a solution to the current energy crisis, given that new infrastructure would not come online for several years, well after the crisis has passed.

The signatories of the statement call on the EBRD to amend the Energy Sector Strategy to

  • fully exclude new investments in midstream and downstream gas projects;
  • avoid loopholes involving the use of unproven or uneconomic technologies, as well as aspirational but meaningless mitigation measures such as “CCS-readiness”; and
  • strengthen the requirements for financial intermediaries where the intended nature of the sub-transactions is not known to exclude fossil fuel finance across the entire value chain.

Source: iisd.org

Download the statement: https://www.iisd.org/system/files/2023-09/ngo-statement-on-energy-sector-strategy-2024-2028.pdf

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: Three community land rights defenders from Kawaala have been arrested.

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Old kampala police where defenders were arrested from .

Breaking: Three community land rights defenders from Kawaala have been arrested.

By Witness Radio team

Police at Old Kampala Regional Police Headquarter have arrested three of the six community land rights defenders from Kawaala Zone II, Kampala suburb, and preferred a fraud charge before being released on bond.

Kasozi Paul, Busobolwa Adam, and Kabugo Micheal got arrested on their arrival before being taken inside interrogation rooms. They were questioned from 11:00 AM – 12:30 PM local time and later recorded their statements.

Section 342 of the Penal Code states that forgery is the making of a false document with the intent to defraud or deceive. It carries a three year imprisonment on conviction.

According to lawyers representing victims, defenders are arrested on the orders of the Deputy Resident City Commissioner (RCC) in charge of Rubaga Division Anderson Burora and accused them of fraud.

Resident City Commissioner is a representative of the president in the Capital City at the division level.

The charges are a result of continued resistance by Kawaala community seeking fair compensation and resettlement before Lubigi drainage channel is constructed. Since the first COVID outbreak in 2020, the victim defenders and others have been leading a pushback campaign to stop forced evictions by a multimillion dollars Kampala Institutional and Infrastructure Development Project (KIIDP-2) funded by World Bank. Kampala Capital City Authority (KCCA) is the implementor of the project.

This project first impacted Kawaala Zone II around 2014, when a channel diversion was constructed. The current planned expansion will widen that channel and require forced evictions across an area at least 70 meters wide and 2.5 km long.

The New Vision, a local daily of June 21st, 2022, quoted Burora accusing Kasozi Paul, one of the community land rights defenders from Kawaala Zone II of being a fraudster.

Witness Radio – Uganda challenges the deputy RCC Burora to produce evidence that pins the defenders on fraud instead of criminalizing the work of defenders.

“We warn Mr. Burora against using police to harass defenders who have openly opposed a project which is causing negative impacts on the community” Adong Sarah, one of the lawyers representing the defenders said.

The defenders got released on police bond as they are expected to report back to the police on Monday, the 18th of July 2022 at 11:00 AM local time.

 

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