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Criminalization of planet, land, and environmental defenders in Uganda is on the increase as 2023 recorded the soaring number of attacks.

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By Witness Radio team.

Close to 200 community human rights defenders and activists have paid a price for protecting the planet, land, and environmental rights in Uganda in the year 2023, Witness Radio – Uganda reports.

The abridged report titled “The State of Planet, Environmental, and Land Rights Defenders in Uganda 2023” by Witness Radio documented 181 cases of arbitrary arrests, detentions, imprisonments, disappearances, and other retaliatory attacks.

Witness Radio‘s findings reveal a disturbing pattern wherein all arrests are marked by extreme violence, particularly targeting those who boldly stand up to fight for nature, food sovereignty, and biodiversity and mobilize communities to push back violence against them. Beyond the mere detentions, these defenders often fall victim to kidnapping, torture, and arbitrary arrest, fostering an atmosphere of fear among them and the communities they represent.

Nevertheless, defenders who persist and stand up for their beliefs are at a higher risk of violent attacks from investors and their agents. Notably, the Western region emerges as a fiery epicenter for the unjust criminalization of these brave individuals, where the flames of oppression burn most intensely. It is followed by Central, Northern and Eastern regions respectively.

The report also highlights a concerning trend in Uganda’s agricultural sector, marked by a significant increase in violent and retaliatory attacks and detentions. It is closely followed by similar issues within the oil sector, as the infrastructure sector underscoring the urgent necessity for comprehensive action to address the escalating threats and attacks faced by land and environmental defenders in Uganda.

Witness Radio’s Community Empowerment officer, Ms. Bulyerali Joan, reveals that the prevalence of the continued unforceful evictions and escalating criminalization of community land and environmental defenders is a result of insufficient due diligence by both government entities and investors in their business investments.

“Land and environmental rights defenders are consistently targeted for arrest as a means to intimidate them into relinquishing their land. The collusion between the police, who are tasked with protecting the community, and investors results in the detention of these defenders, leaving them vulnerable to the whims of the investors. Furthermore, the government and various project funders fail to conduct proper due diligence to ensure that the entities they support uphold human rights standards,” Ms. Bulyerali emphasized.

“Over the past years, we have been documenting the complicity between the police, army, and private security guards in carrying out illegal evictions, as well as their roles in suppressing protesters advocating for land and environmental rights,” added Ms. Bulyerali. “Unfortunately, 2023 has seen a continuation of this pattern, with the police, private guards, and army actively involved in violent evictions, resulting in the arrests and detentions of critics of various projects.”

In one of the communities mentioned in the report, Rwabunyonyi village in Hoima district, a community member named Venessa not real name due to fear of retaliation from land grabbers, disclosed that in March 2023, 21 land defenders were forcibly arrested by local police, allegedly in collusion with land grabbers. Shockingly, these defenders were falsely charged with murder and aggravated robbery, a blatant attempt to silence them and instill fear among the communities they represent.

“Our land remains heavily guarded by private security personnel, preventing us from accessing and utilizing it for our livelihoods. These guards have intensified violence against us and persistently target our land for large-scale investments” Vanessa told Witness Radio.

Shockingly, despite Junior Lands Minister Mr. Sam Mayanja’s attempt to intervene and protect the community from land grabbing on August 24, 2023, security guards affiliated with the Pyramid Private Security group stationed on the land resorted to threatening him with gunfire.

According to the Rwabunyonyi community members, they perceive this act as demonstrating the impunity with which these powerful land grabbers operate to the extent of ordering the guards to shoot at the minister. They questioned how ordinary citizens like themselves could challenge the oppressive tactics of these guards if they showed no fear in confronting high-ranking officials.

In the oil sector, the controversial East African Crude Oil Pipeline (EACOP) has persistently inflicted detrimental effects on the very individuals it purports to benefit. From unfair compensations and land grabbing to relentless harassment and violent arrests of critics, its impact is starkly evident. Notably, among those forcefully arrested and falsely charged for raising legitimate concerns about the environmental damage caused by the pipeline project is Bob Barigye.

Barigye, a climate activist and an advocate for social justice and human rights, working with the African Initiative on Food Security and Environment (AIFE) was arbitrarily arrested and detained more than three times in 2023. He recounted one harrowing incident on January 24th 2023, while in Kampala. He revealed that during this arrest, 15 police officers manhandled and severely beat him. The catalyst for the activist’s arrest was his involvement in organizing a debate addressing the environmental, human rights, and economic ramifications of the EACOP project.

Barigye further described being forcefully placed into a police van, where officers compelled him to lie on the floor beneath the seats. He was then transported to and detained at Wandegeya Police Station, in Kampala district. He reported being charged with obstructing police officers while on duty before being released on police bond on January 27th 2023.

Despite the increasing number of reported cases, the report anticipates a potential reduction in land evictions shortly. This optimism follows President Yoweri Museveni’s decision to ban the involvement of the army in evictions. Museveni’s action was later complemented by the Minister of Internal Affairs, Kahinda Otafiire, who warned against the participation of both police and private guards in illegal land evictions.

Following growing concerns about the army’s role in carrying land evictions, in December 2023 the President announced a ban prohibiting the involvement of the Uganda People’s Defence Forces (UPDF) in land matters and guarding grabbed land claiming, that the actions by the army deviate from its primary mandate of securing the country’s borders.

Additionally, Otafiire, earlier this year cautioned police’s involvement in illegal land evictions and added that he has always advised the Ugandan police to stay away from land involving conflicts. Otafiire also gave a directive barring private security company groups from manning people’s land.

The report also advises the government to enforce regulations mandating thorough human rights and environmental due diligence processes before endorsing any land-based investments. It suggests conducting periodic evaluations of such investments. The Uganda Investment Authority should engage with investors and companies to establish Internal Grievances Appeal Mechanisms to address adverse social and economic effects of their operations, among other measures, to curb rising criminalization.

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Witness Radio petitions chief prosecutor: Want 34 community land rights defenders and activists released from prison.

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By Witness Radio team.

In the Hoima District, Western Uganda, an urgent and immediate action is crucial to halt an ongoing land grab. The work of community land rights defenders, activists, and local leaders has unfortunately been criminalized, with thirty-four (34) people from Rwobunyonyi, Kirindasojo, and Kihohoro villages falsely accused and sent to different prisons in the Hoima district.

Criminal files No. CRB 330-2022 has Busobozi Patrick, Kaija Phillip Osborn, Mbabazi Isaya, Wembabazi Denis, Tumusiime David, and Abitegeka David charged with aggravated robbery, while the CRB 84-2023 file has Magezi Lawrence, Kaahwa Nelson Komugisa Junior, Mugenyi Vincent, and others on murder charges. The files have been established to gang the work of community defenders and activists.

According to sections 189 and 286 (2) of the Penal Code Act cap 120, both offenses carry the death penalty upon conviction.

As observed above, community land rights defenders, activists, and local leaders have been targeted since 2022. The number of targeted defenders keeps on growing. Sadly, those who have been remanded to prison are still waiting for their cases to be tried, which is tantamount to judicial harassment and persecution.

Witness Radio findings indicate that one Fred Kato Mugumba allegedly orchestrated the land grab. He is backed by officials from Hoima police, Hoima district Office of Director of Public Prosecution (ODPP), and judicial staff. Mugambe and his accomplices aim to evict over 500 small-scale farming families from their ancestral land.

If the land grab is successful, the community will suffer a devastating loss of 800 hectares of land used for food cultivation. This loss will lead to children dropping out of school, families breaking apart due to lack of resources, and a significant increase in food insecurity, hunger, poverty, and illiteracy levels in Uganda.

The affected communities have a deep-rooted connection to the land, having lived on it for over 50 years without disruption. The ongoing persecution by Mugamba and his agents is, therefore, particularly shocking and unjust.

The same land almost ended the life of Junior Lands Minister Sam Mayanja, who was targeted with gunshots when he visited the contested land on August 24, 2023, to protect land grab victims. The current situation highlights the urgent need for intervention from a powerful office.

Witness Radio has, among other interventions, petitioned the Director of Public Prosecutions (ODPP) and urged the Chief Prosecutor’s office to call the file from Hoima High Court.

The office of the DPP is a constitutional body mandated to direct police to investigate any information of a criminal nature, institute criminal proceedings against any person or authority in any court other than a court-martial, take over and continue any criminal proceedings instituted by any person or authority, and discontinue at any stage before judgment any criminal proceedings.

Uganda is experiencing an influx of land-based investments, which have fueled land-grabbing tendencies and criminalization of community land rights and environmental defenders and activists’ work.

In the petition, Witness Radio alleges that Fred Kato Mugamba fabricated these charges in collusion with John Angwadya, a former local council member and chairperson of one of the targeted villages, Rwabunyonyi, as part of a strategy to facilitate the unlawful eviction of the community from their land.

“It is deeply concerning that the accused remain in protracted detention despite the constitutional guarantee of a fair and speedy trial and right to liberty. This is a clear violation of defenders’ fundamental rights and raises serious concerns about the criminal justice system’s integrity in this matter. The prolonged delay in their trial and the apparent ulterior motive behind the charges necessitate immediate intervention to prevent the miscarriage of justice,” the petition reads in part.

Despite multiple attempts by the community to engage various stakeholders, including Hoima’s district leadership, the Hoima District Police, the State House Land Protection Unit, and the State Minister for Lands, Dr. Sam Mayanja, their efforts have been futile. Instead of finding justice, those who resist are met with criminal charges and continued evictions, leaving many families landless and helpless.

“The efforts of our clients and community individuals engaging the different offices are viewed as a threat to the evictors, hence fabricating different charges against the accused persons to pave the way for the land grabbers to occupy the land in the absence of the accused persons. It is evident that the pending charges of murder and aggravated robbery are being made as a tool to harass and deprive our clients and family members,” the petition further reads.

In the petition to the Director of Public Prosecutions (DPP), Witness Radio has called for an urgent review of the circumstances surrounding the arrests and prosecutions of the accused. Witness Radio is requesting the issuance of a Nolle Prosequi to quash the charges and the immediate release of the prisoners.

The organization also demands that the case be expedited to prevent further unwarranted deprivation of liberty and calls for an independent investigation into any potential abuses within the criminal justice system.

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The joint final review of the National Land Policy 2013, a significant and collaborative effort between the government and Civil society organizations, is underway.

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By Witness Radio team.

Under the leadership of the Ministry of Lands, Housing, and Urban Development (MLHUD), and in partnership with Civil Society Organizations (CSOs) led by Participatory Ecological Land Use Management (PELUM), a crucial final review of the National Land Policy (NLP) 2013 is taking place in Kampala.

The Consultative event is a unique and empowering opportunity for all land actors to actively contribute to shaping Uganda’s land governance framework. It seeks to engage CSOs in shaping reforms in the much-awaited National Land Policy, addressing pressing land-related concerns such as land grabbing, promoting equity in land access, and enhancing strategies for sustainable land management.

The land ministry is expected to present a revised 2024 draft of the basis for discussion and obtaining valuable input from land actors and PELUM Uganda members to boost the policy framework.

Uganda first adopted the National Land Policy in 2013 to ensure the efficient, equitable, and optimal utilization of land and land-based resources for national development. Grounded in principles drawn from the 1995 Constitution and other macro-policy frameworks such as Uganda Vision 2040 and the National Development Plan (NDP), the NLP has served as a comprehensive guideline for Uganda’s land ownership and management.

With a decade of implementation behind it, the Ministry of Lands, Housing, and Urban Development is now reviewing the policy to integrate emerging trends and challenges. This review is crucial as it will ensure the policy’s relevance in the evolving land governance landscape, directly impacting your daily lives. The consultation process underscores the government’s unwavering commitment to inclusive decision-making by involving civil society and key stakeholders in policy formulation, ensuring everyone’s voice is heard and valued.

The event will be broadcast live on Witness Radio. To listen live, download the Witness Radio App from the Play Store or visit our website, www.witnessradio.org.

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Businesses, banks and activists resist EC plans to strip back human rights legislation

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Today the European Commission introduced their ‘Omnibus simplification package’ to amend key laws of the EU Green Deal, including CSDDD, CSRD and Taxonomy. The package proposes significant changes, including the removal of civil liability provisions in the CSDDD and removing 80% of companies from scope in the CSRD.

The earlier announcement from the European Commission as well as the leaked draft to reform recently-agreed EU laws such as the CSDDD has already come under attack from businesses, expertsinvestors and activists alike.

The UN Global Compact and companies including Unilever, Vattenfall and Nestlé have also expressed their concern. Nestlé Europe’s Bart Vandewaetere said that it had “been reporting on [environmental impact and human rights issues in the supply chain] ourselves for years. European regulations mean that more companies have to start doing that. That creates a level playing field and we welcome that.”

Former president of Ireland Mary Robinson added: “Von der Leyen’s new Commission’s attempt to eviscerate these sustainability laws must not be agreed by the European Parliament and by the member states.”

The European Banking Federation warned that weakening the CSRD could create challenges for banks, echoing concerns from more than 160 investors who cautioned that the Omnibus package could harm investment and increase legal uncertainty.

CSOs such as the European Coalition for Corporate Justice (ECCJ)WWF and the Clean Clothes Campaign have also sharply criticised the proposal. The ECCJ writes the proposal is “not simplification, but full-scale deregulation designed to dismantle corporate accountability”.

Workers’ organisations and trade unions from garment-producing countries across Asia, Europe and Latin America also opposed the ‘Omnibus’ this week, highlighting the risk the proposal will “exclude most supply chain workers” including 49 million home workers.

Source: Business & Human Rights Resource Centre

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