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CSOs call for meaningful changes in the World Bank’s Dispute Resolution Service to foster access to justice for project-affected communities.

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By Witness Radio team

In a critical evaluation of the World Bank’s Dispute Resolution Service (DRS) performance, five Civil society organizations (CSOs) from around the world such as Witness Radio Uganda, supported by 12 other CSOs, have highlighted significant flaws in the current system, calling for urgent reforms to help better communities affected by World Bank-funded projects.

This demand comes on the heels of the External Review Team (ERT) recommendations aimed at strengthening the World Bank’s Accountability Mechanism (IAM), which includes the Inspection Panel and the DRS.

According to the World Bank’s website, the World Bank Board of Executive Directors (the Board) commissioned an External Review of the 2018 and 2020 Reforms to the Inspection Panel Toolkit and the Creation of the World Bank Accountability Mechanism. In January 2024, the Board approved the terms of reference (TOR) for the External Review and appointed an independent External Review Team (ERT) to conduct this review.

Last month, the External Review Team produced an independent external Draft Report and Recommendations and sought written feedback on the report from interested external stakeholders.

The CSOs such as Witness Radio, Accountability Counsel, Bank Information Center, Lawyer’s Association for the Human Rights of Nepal’s Indigenous Peoples (LAHURNIP), and Oakland Institute have acted as advisors of communities facing unjust evictions and human rights violations by projects that are funded by the World Bank.

Since the inception of the Dispute Resolution function in 2021, three Dispute Resolution processes have been completed, and one is ongoing. Several communities affected by Bank-funded projects have often complained about how their cases are handled under the DRS. Concerns include the limited time allocated, power imbalances, and other issues, which have prompted the Bank to review the compliance of the DRS system.

Witness Radio and the Accountability Counsel advised a Kawaala community in Uganda on the Second Kampala Institutional and Infrastructure Development Project (KIIDP-2), Lawyer’s Association for the Human Rights of Nepal’s Indigenous Peoples (LAHURNIP) advised the community of Nepal affected by Nepal-India Electricity Transmission and Trade Project and its Additional Financing, the Oakland Institute advised the Tanzanian community of Mbarali District Resilient Natural Resource Management for Tourism and Growth (REGROW) and Santa Cruz Road Corridor Connector Project in Bolivia where Bank Information Center acted as advisors.

In a statement to the External Review Team, the CSOs, which have been instrumental in assisting communities to use the Independent Accountability Mechanisms (IAMs), have stressed the need for meaningful changes to the DRS to ensure that it respects community agency and effectively resolves grievances addressed.

In their analysis, the CSOs acknowledged certain points raised in the ERT’s report based on their experiences with the case-handling process. Some of the praised recommendations by the CSO include extending the dispute resolution period from 18 to 20 months, offering the DR to the requesters only, and a full substantive conclusion report after the DRS concludes monitoring, among others.  However, they (CSOS) noted that some gaps in the ERT report remain unaddressed prompting them to offer additional recommendations.

For instance, the CSOs also highlighted the worsening of power imbalances during the dispute resolution process. In cases from Nepal and Uganda, mediators often favored government timelines and directives, undermining the community’s voice.

“To address these issues, the DRS should implement stronger measures to manage power imbalances. This includes continuous consultations with communities, ensuring their concerns and timelines are met. Additionally, mediators should be empowered to take a firmer stance when necessary to prevent one party from dominating the process. The DRS should ensure that no single party can unilaterally determine the scope or direction of a dispute resolution meeting, and mediators should be trained to recognize and mitigate power imbalances actively” the statement reads in part.

Further, dispute resolution processes have sometimes deepened community conflicts rather than resolving them. In Uganda, for instance, the continuation of the DRS process despite the elected representatives’ agreement to terminate it worsened the situation, and in Nepal, the exclusion of certain community members from agreements has led to increased tensions thus, CSOs call for protocols that allow for partial agreement (s) and the option to transfer unresolved issues to the Inspection Panel.

Transparency of DR agreement is another area where the DRS falls short compared to other IAMs. The CSOs urge for clearer reporting on the issues agreed upon and those that are not and for a fair process in deciding the confidentiality of agreements. Additionally, active monitoring of the implementation of the agreement (s) is crucial. The CSOs call for interim monitoring reports to ensure transparency and accountability.

The CSOs have also identified several other issues needing attention in the 24-month review of the DRS, including the selection of mediators, the development of framework agreements, the role of representatives and advisors, communication with parties, and the impacts on local judicial processes.

Read the full statement here. Reflecting on Shortcomings of the World Bank’s Dispute Resolution Service

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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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