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EACOP Project: A displacement crisis and cultural erosion threatening Ugandan communities.

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By Witness Radio and Südnordfunk teams.

Thousands of people in Uganda are affected by the East African Crude Oil Pipeline (EACOP) project, which spans from the oil production towers and refineries to the pipeline’s route and extends to its final destination in Tanzania. The Ugandan government portrays it as a promising project for the country’s development, often labeling those who criticize it as agents of imperialism.

The French oil company Total Energies wants to build a pipeline in Uganda and Tanzania. EACOP project was first introduced in Nanywa ‘A’ village, Nanywa Parish, Ndagwe sub-county in Lwengo district in around 2018. Back then, hundreds of people hoped to benefit from it.

In several meetings conducted by Total to introduce the project to the affected communities, such as those in Lwengo District, the Total Energies team communicated that the project would offer enhanced support to vulnerable groups, including widows, the elderly, persons with disabilities, and orphans.

“Total often called us into their meetings, where they assured us that everyone would benefit from the project, with particular attention given to groups such as widows, orphans, and the elderly.” One of the affected residents, Mr. Katoogo Kasim, told Witness Radio.

Accordingly, the impacted communities mentioned that the project was highly hyped by its implementers as a pathway to development and wealth generation. But what turns out are regrets and curses from the would-be beneficiaries of the Eacop project. In areas where the project is passing, they claim it has exposed them to poverty, adversely affected their health, criminalized project critics, and greatly affected their social lives and cultures.

90-year-old Tereza Nakato (name changed) of Nanywa, a village nine kilometers from Lwengo town, suffers from high blood pressure. According to her, her health has been deteriorating daily since the project implementors expressed interest in her land. Before the project, she was living happily and enjoying her old village life.

“A lot has changed in my life ever since these oil people came and took my land. The pipeline now passes through my compound, just three meters from my house, and this has caused me to develop hypertension due to the constant stress of worrying about what might happen next,” the 90-year-old woefully revealed.

During our visit to her home, a brick-structured four-roomed house surrounded by a small farm of two cows and goats, she was still locked in her house by 9 am when we reached there. Next to her home is her son’s house, which is also on the same land. He, too, is affected by the EACOP. Due to her illness, the old widow could not speak much, so her son, Mr. Katoogo Kasim, assisted her in talking to us. The EACOP is supposed to pass right through her compound. The construction work has not yet begun, but signs of its beginning can be witnessed.

Katoogo Kasim told us that the pipeline is located just three meters from his mother’s house. The three meters between the pipeline and the house will be the compound, leaving her with no space to do her chores.

She (Nakato) worries that her house may be damaged due to heavy trucks and machines that will construct the pipeline, and the poor compensation stresses her. Along with other effects, it has worsened her health. For instance, her family has to spend more than 50 Euros every month on her medication – money she does not have. She received some compensation for the land taken for the project. But she says it was inadequate to improve her life. Instead, it is used up quickly by her sickness.

“This project is a disaster, bringing havoc to me and my family. It’s the time when my mother got sick, and all the money that was given to her as compensation was used up for her monthly Hypertension medication,” Kasim further said.

According to Nakato, initially, Total told her that she would be relocated elsewhere or that they would construct a new house. But these were empty promises well-intentioned to coerce her to surrender her land to the project. When she sought relocation or construction of a new home due to the imminent impact on her and her house after giving them her land, the project implementers told her that it must first get cracked or fall.

Nakato is not the only one to cry out about the impacts of the EACOP project on her land and home. Lawyer Brighton Aryempa is advising affected community members and representing some of them in court. In an interview with Südnordfunk, he, too, says that being displaced from their land is one of the significant impacts on the communities:

“Communities are suffering because they are being displaced from their ancestral land without compensation, and even when they pursue legal action. The court cases have dragged on for years, yet land is crucial for creating livelihoods for families and communities. This is happening despite laws outlining how land should be compensated when taken for public interest.” He said.

While the government is allowed to acquire land for public interest, the acquisition should follow due process. This has often been different for the EACOP project. He emphasizes that community members have the full right to demand adequate compensation:

“Some people think the government compensating them is just helping them, which is untrue. These are inherent rights. So, we want them to know some of these basics so that they can negotiate. They can have better compensation rates and are not cheated,” he added.

Similar concerns about injustices caused by the project are echoed in the neighboring Kyotera district. Residents report a feeling of powerlessness. They are being told they must surrender their land for the project and accept the compensation offered, as it is a government initiative that cannot be halted. Likewise, the landlords too are complaining.

Uganda has four land tenure systems under which a person can hold land: mailo, freehold, leasehold, and customary. In these particular areas of Kyotera, most of the project-affected persons live on the Mailo land tenure system. Here, the landlord owns the land, while tenants may have rights to use the land but lack full ownership unless granted by the landlord through purchase with a land title.

Mr. Ssekyewa Benedicto is a landlord in Lusese village in Kyotera district. The entire village survives mainly on agriculture. We found coffee, maize, and bananas growing during our visit to his home. Ssekyewa says about seven of his tenants were affected by the pipeline. He blames the government and the project implementers for not educating him and other affected people about the project’s adverse effects.

‘We lack complete information about how this project will be conducted. This project was introduced to us without proper education or consultation,” he stated.

As a landlord, Ssekyewa claims he has not benefited from the project as promised. He says he was never consulted or informed about how the valuation of his land was conducted. “We were not informed as owners of the land that this is what we are to be compensated or what was valued from our land because the government isn’t clear on the exact valuation,” he maintained.

In the same village, Ssalongo Kigonya Vicent was promised compensation for his two pieces of land affected by the pipeline project. Still, he received less than the amount that was initially valued.  He said he was made to sign a large sum of money on a document over 30 pages long, written in English—a language he did not understand. “I signed 28 million (about 6,916.98 Euros) for two plots of my land where the project passed, but to my surprise, I received only 3,800,000sh, equivalent to 938.73 Euros on my account.” He revealed.

For now, he still has his house on part of the land that was left. But where his crops are, construction will soon be taking place. He reveals that. “I was told that no one can stop the government from implementing a pipeline project. They said they can do it wherever they want.”

Lawyer Aryampa points out that the compensation is often too little. He mentions that government agencies take the value of land from years back but only pay it later when a piece of land is worth much more.

Besides compensation, Mr. Kigonya faced another challenge. One of his pieces of land accommodated the grave sites of his deceased twins, requiring their exhumation and relocation. Total supported the relocation of the graves and promised to support ceremonies after relocation, including celebrations of twin rituals.

In the Buganda culture of the Buganda kingdom, where Kigonya belongs, one has to perform twin rituals celebrating their birth and celebrate twin rituals if the graves of twins are exhumed or relocated due to cultural beliefs and traditions associated with them. In the same culture, twins are considered sacred and hold a special spiritual significance. When twins pass away, their graves are typically treated with relevance, and the relocation or disturbance of these graves can be seen as disrupting spiritual harmony and traditional practices. The Baganda performs specific rituals after the graves are exhumed or relocated to restore this harmony and honor the twins’ spirits.

But up to date, the rituals of Kigonya’s twins remain unperformed. The project implementers did not fulfill their promises, and the father had no means for it alone. According to his conviction, not performing these rituals is exposing his family to significant consequences, including poverty, family separations, and body burns.

Not far from Kigonya’s home is Mr. Bwowe Ismail’s in Bethlehem village, a father of 20 children. His family is living in misery after the project grabbed his entire land without compensation. When he demanded to be compensated fairly, state authorities intimidated, arrested, and charged him with false offenses, claiming he was sabotaging the government project.

In Uganda, criminalization is one tactic used by multinational companies, the government, or its bigshots to silence community land and environmental defenders and project critics for raising the adverse impacts on projects being established.

Bwowe, on one of the cases, was arrested and slapped with charges of robbing a confident, wealthy man. Total offered to lend him support with legal fees and representation in court only if he allowed to sit with them at the table and accept the compensation. But Bwowe refused.

Many individuals affected by this project are dissatisfied but cannot voice their complaints because it is a government project, and they witness how their neighbors are intimidated. Mr. Segawa Abdallah, Chairman of an affected village in Nanywa A, confirmed this sentiment, adding that they resorted to keeping this pain in their hearts.

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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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MEDIA FOR CHANGE NETWORK

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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