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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

COVID-19 LOCKDOWN LAND GRAB VIOLENCE: Multinational company, security firm sued for torture

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By witnessradio.org Team

 

Masindi – Uganda – In an effort to hold investors and their agents accountable and curb COVID-19 lockdown violence and human rights abuse, communities in Kiryandongo district have ran to Masindi High Court and sued Agilis Ranch 20 and 21 limited and Saracen, a private security firm hired to guard the company. Agilis Ranch 20 and 21 is a subsidiary of Agilis Partners, which also owns many other food dealer companies including Joseph Initiatives and Asili Farms.

 

Agilis Partners through its companies is financially supported by DOB Equity (dob Foundation) of the Netherlands, via the UK-based Dutck Oak Tree Foundation, owned by the De Rijcke family of the Netherlands; the United Nation’s Common Fund for Commodities, via the Dutch Trust Fund arrangement set up by the Netherlands Ministry for Development Cooperation; and the UK’s Department for International Development (DFID) via its Food Trade programme among other Development Finance Institutions.

 

Since lockdown measures were announced in Uganda on March 18th, 2020, multinational companies that are grabbing community land with the help of district security apparatus, have intensified violence ranging from house demolition, illegal arrest and detention, torture, attempted defilement,  water sources have been filled with soil to plowing food crops (cassava, maize, sweet potatoes, and banana e.t.c) covering hundreds and hundreds of acres of land without a court action.

 

Byaruhanga John, one of the land owners who was tortured with intention to force him off  his land by Agilis Ranch 20 and 21 limited workers and security guards from Saracen security firm, said state institutions in Kiryandongo district have abandoned them while siding with their tormentor-investors.

 

He added that the compromised area police has made it difficult for affected locals in Kiryandongo district, to report and open up a case against companies or their workers during the current COVID-19 lockdown. “all police officers have informed us that they have instructions from Kiryandongo district police head one Bakaleke Joseph not to attend to our concerns, instead they refer us to his office” said Byaruhanda.

 

He further explained that when he went and met Bakaleke Joseph in his office, Bakaleke offered to mediate between him and his tormentors to get treatment, which he refused.

 

Byaruhanga narrates that on the 22nd day of March 2020, at around midnight, he heard a knocking noise reverberating from the door to his house.  He said that followed with voices of some unknown people who were demanding him to open the door.  He added that they threatened to break in or burn down the house if he did not open for them, which he begrudgingly complied with their demands.  He revealed that they were armed with clubs, pangas and the other was armed with a gun.

 

He further narrates that when he opened the door and stepped out they ordered him to sit down, which he complied. He added that a group of men grabbed him, got beaten and kicked, which.  lasted about 30 minutes. He said, it reached a point where by he could not endure any further beatings from his captors prompting him to make an alarm. He explained that his wife, who watched my beating in disbelief, could not contain it anymore and therefore joined him in wailing and making an alarm in anticipation of being rescued from my captors.

 

“The wailing and alarms from both my wife and I forced my captors to bundle me into the trunk of an awaiting Tata lorry truck, and drove off to the Agilis Ranch 20 and 21 Limited camp which is about 30 miles from my home. To the best of my recollection, Odongo and Ondema, employees working with the company, were part of the six members who beat me” narrates Byaruhanga.

 

Byaruhanga who’s among the many victims of torture and violence orchestrated by Agilis Ranch 20 and 21 Limited especially during the ongoing COVID-19 lockdown said, the attack left him stressed, psychological tortured, helpless and hapless and stripped of his dignity, with other effects spread to his children who are traumatized after learning of his ordeal during his arrest, and detention by company workers.

 

He said, he wants court to order companies to compensate him and other victims for torture suffered and properties destroyed as well as direct re-instatement back on their land.

 

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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