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Livelihood

Entrenched Corruption: African MPs Push For Common Mining Laws

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By witnessradio.org team

As almost all African Countries’ leaders are involved in secretive deals with foreign mining companies due to pervasive corruption that allows only corrupt elites to profit at the expense of ordinary citizens, African MPs, Civil Society and academia have embarked on a push for a common mining laws across the continent.

 Meeting from Yaounde, Cameroon during a four-day conference under the theme; “The issue of political and socio economic integration of the African continent: The role of the Pan African Parliament” participants are concerned over natural resource governance and economic development thus pushing for transparency and accountability by the governments and mining companies.

“The model mining law would give pointers that would, for example, strengthen the negotiating capacity of Parliaments; ensuring meaningful collaboration between key players and providing support for the required social dialogue,” Dr. Paul Jourdan, one of the panelists, said.

He elaborated that the African Mining Vision, adopted by African heads of state during their July, 2009 meeting in Kigali, is seen as a solution to the poor governance, lack of strong institutions and weak policies in African states.

He explained that the African Mining Vision framework is currently being used in several countries such as Mozambique, Ethiopia, Lesotho, and Tanzania and provides for a transparent, equitable and optimal exploitation of mineral resources to underpin broad-based sustainable growth and socio-economic development.

Jourdan noted that AMV is also supporting countries to develop world class geological survey system so that they can negotiate from a point of knowledge. He said they hope to work with the Pan African Parliament to train parliamentarians on contract negotiations.

While legislators appreciated the need for a model law to regulate mining on the continent, they noted that there are some hurdles that need to be overcome.

Geoffrey Lungwangwa, a Zambian MP was concerned that some colonial land laws still exist in Africa.

“If you have title to land, you are only confined to the surface and anything under the surface belongs to the state. That land law still prevails in our countries today and it is a contributing factor to poverty,” he said.

He added that “many of our people are being removed from land once minerals are discovered. They are not even given shares in the mining companies. Is this really socio-economic transformation?”

This comes barely a month after over 70,000 gold artisanal miners in Mubende were forcefully evicted from the mines by UPDF soldiers under the command of 1st division commander Col. Joseph Balikkuddembe.

The eviction which was conducted on President’s orders was made to pave way for the investor running Gemstone International Ltd to operate alone on grounds that it obtained a mining lease on such huge land covering villages in Mubende district.

Now MP Lungwangwa said that there is need to have a model law will eventually empower local communities to have shares in the mining companies so that they are economically empowered.

Hailing from Sierra Leone, a country endowed with diamond, but grappling with excessive exploitation, and child labour, MP Bernadette Lahai said that there is an urgent need for African states to enter into open Memorandum of Understanding with mining companies.

“Children as young as six years work in the mines. We don’t want mining to affect education,” she said adding that “Mining agreements are conducted between government and the mining companies [secretly] leaving MPs and the local population in the dark.” She added.

She argued that there is need for capacity building for MPs to monitor and oversee the mining activities in their countries so that they can approve or reject mining deals that come to Parliament.

According to the African Development Bank, minerals account for an average of 70 percent of total African exports and about 28 percent of the gross domestic product. It notes that earnings from the recent oil, gas and mineral discoveries in Uganda, Mozambique and Tanzania could lead to an increase in government revenues of between 9 percent and 31 percent in the first 10 years of production.

Legislators noted that because of the structure of Africa’s extractive industries, most countries remain exporters of unprocessed commodities. They proposed that Africa needs to add value to her exports so as to unlock the full economic potential of its natural resources.

According to Hon. Anifa Kawooya (Uganda), the diversity in Africa may not be in asset in having a uniform law.

“We have different land laws and policies. Having one unified model will be complicated,” she said.

She explained that “There is also the issue of who owns the land where the minerals are found. The land tenures in African countries are different. Some land is owned by the government, individuals, and others owned customarily. We also don’t know how much natural resources we have.”

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Livelihood

Police harassment: Six land rights defenders from Kawaala have been summoned for interrogation.

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A photo of old Kampala police station where defenders are expected to report tomorrow. 

By Witness Radio – Uganda team

As forced evictions and land giveaways to investors accelerate in Uganda, police continue to be deployed to criminalize the work of community land and environmental rights defenders supporting communities to push back illegal evictions.

For many years ago, hundreds have been arrested, charged, abducted, and beaten for their work by machete-wielding men, police, and army sidelining with investors or grabbers.

The latest to fall prey is a group of six community land rights defenders and a local council vice-chairperson of Kawaala zone II, Lubaga Division, in Kampala district. The group and other defenders have been leading a pushback campaign since 2020 against the multimillion dollars drainage channel being implemented by Kampala Capital City Authority (KCCA) with finances from the World Bank under Kampala Institutional and Infrastructure Development Project (KIIDP-2)

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 group must appear at the Old Kampala Regional Police headquarters criminal investigations directorate tomorrow, 29th/06/2022 before the Deputy Assistant Inspector of Police (D/AIP) Domara Patrick at 9: 00 AM local time.

The defenders summoned include; Kasozi Paul, Busobolwa Adam, Kabugo Micheal, Serugo Charles, Ssemanda David, Sserukwaya David, and vice-chairman of Kawaala zone II Mr. Patrick Kato Lubwama.

According to the police summons, a copy obtained by Witness Radio – Uganda does not mention the charge nor state the complainant (s).

The chairman of the affected group of people Mr. Kasozi Paul believes these are retaliation for their strong resistance to land grabs being spearheaded by KCCA to construct a drainage channel.

“We have always been targeted by KCCA and other fellow opportunists that we are sabotaging the drainage construction which is not true. We refused to give away our land without being compensated. We believe this is the reason for the summons. We shall go and meet the police tomorrow,” Kasozi stated.

When Witness Radio contacted Deputy Assistant Inspector of Police (D/AIP) Domara Patrick who signed those summons declined to share details of the charges instead he invited the Witness Radio team to visit his bosses.

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Corporate Accountability

Signs of harmful projects with financing from development institutions are spotted in Uganda…

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By Witness Radio Team.

The growth of a country is discerned by great leaders and innovators who see opportunities out of darkness and transform their areas from nothing to success. Those are great leaders whose interest is to see the developments in their countries and the well-being of their citizens.

Every single day, countries all over the world receive investors that acquire loans, grants, and donations to implement mega projects that are seemingly expected to develop host countries. countries and investors borrowing the money Often, countries and investors portray how these projects improve the livelihood of the browbeaten, au contraire, they have left many broken families, poor-dirty homesteads, and shattered dreams.

Uganda is one of those countries, whose citizens have paid a price for reckless or unsupervised and profit-led international investment. In a bid to implement its industrial policy, the country has welcomed both foreign and local investors with interests in the fields of extraction, industrial agriculture, carbon credit tree plantation, mining, infrastructural projects, and many others.

It has received billions of dollars from different financiers including commercial banks, Pension Funds, and International Development Finance Banks or institutions, among others. For instance, the World Bank has invested more than 20 Billion Dollars since 1963 and currently

Every project comes with its own chilling story. More often their stories are unheard by the World. Witness Radio – Uganda surveyed some projects in Uganda. This study revealed agony, illegal evictions, abject poverty, environmental degradation, and loss of life among others, as some of the consequences suffered by the would-be beneficiaries of these international funded projects across the country.

In the capital of Uganda, Kampala, over 1750 families were forcefully evicted from a city suburb, Naguru, for Naguru- Nakawa housing estates.  11 years down the road the project that was highly hyped is to take off on the grabbed land. Pleas from the victims of the eviction to regain their land have all fallen on deaf ears.

About 80km away from Kampala is the island district of Kalangala surrounded by the World’s second-largest lake, Victoria, and known for palm growing. When the palm-oil project was introduced to residents they were given the impression that it would improve their livelihoods and create job opportunities.  Instead, it has dumped thousands into poverty after their land was grabbed by BIDCO, a Wilmer international-funded project. People lost land and now work on plantations as casual laborers. The neighboring communities are accusing BIDCO workers of sexual and gender-based violence.

In the South-Western District of Kiryandongo, multinational companies including Agilis Partners Limited, Kiryandongo Sugar Limited, and Great Seasons SMC Limited with funding from The United States Agency for International Development (USAID), The Department for International Development (DFID) of the United Kingdom, and Common Fund for Commodities among other financiers are forcefully evicting more than 35,000 people. The eviction has been on since 2017.

Workers that worked on a World Bank Project in Soroti, in the far east of the country, are accused of sexually harassing minors. Several young girls were defiled and left pregnant. Despite the government being aware of this none of the pedophiles have been brought to book, the World Bank-funded project in the Eastern Town of Soroti left several underage girls defiled and impregnated.

In late 2020, residents of Kawaala zone II woke up to the hail of armed men and graders evicting and destroying their properties to implement a multimillion-dollar project funded by the World Bank. The project is being implemented by the Kampala Capital city Authority (KCCA) on behalf of the government of Uganda.

The above-listed and other projects, on the other hand, continue to perpetuate violence and judicial harassment against leaders of Project Affected Persons (PAPs) and community land and environmental rights defenders because of their work that resists illegal evictions and destruction of the environment among others.

Although project implementers such as government entities accuse local communities of occupying land targeted for projects illegally, in most cases victim communities have rights over these pieces of land because their settlement on the same land can be traced to have happened generations ago.

No matter how people are negatively impacted being by these harmful projects, financiers continue to release more money to the government and investors. The banks aim at profit margins other than the livelihoods of the people. In Bulebi village, Mbazi parish, Mpunge Sub County in Mukono district, Akon’s futuristic city is about to lead to the eviction of over 1000 residents whose entire lives have been built on their land.

In April last year, American rapper Aliaune Damala Badara well known for his stage name AKON visited Uganda in search of land for constructing the city. On the same business trip, he met President Museveni Yoweri Kaguta and expressed his interest in building a futuristic city with its currency. The president ordered the Ministry of Lands, housing, and urban development to look out for free land for his city.

However, on 7th Jan 2022, the Uganda Land Commission showed the Minister for Lands, Housing, and Urban Development “Hon Judith Nabakooba” land that was proposed for the Akon city. According to the Uganda land commission, the land is Freehold Volume 53 Folio 9 measuring I square mile.

This has sparked outrage amongst the affected as they were never consulted or consented to allow the project in their community. According to community members that Witness Radio interviewed, they said they heard the distressing news of Akon city through the Media.

The community said no official from the ministry has ever approached them about their land giveaway. “Our country is full of land evictions and evictors begin in that way. There has been no official coming on the ground to officially inform us about the project and neither have we heard any official communication of compensation.” Obori said.

Residing in the attractive village surrounded by freshwaters, the community asserts this has been the source of livelihood and advised the government to get alternative land for the City.

Controversies surrounding the land giveaway and ownership of the area still exist. A section of residents have protested and vowed not to surrender their land for the City. They claim to have acquired freehold titles from the Mukono lands board.

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Corporate Accountability

Breaking: over 350,000 acres of land were grabbed during Witness Radio – Uganda’s seven months ban.

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By Witness Radio Team.

As the onslaught on civil society heightens, its space continues to shrink which has bearing on the services they render to the communities. Witness Radio, was among the 54 organizations suspended by Uganda’s National Bureau for Nongovernmental Organizations on August 20th, 2021. The actions are amongst the recent forms of attack on civil societies in Uganda. Other numerous attacks include arrests of rights activists, harassment, tortures, and office- break-ins at night by security operatives who move away with valuables.

The effects of this suspension were felt by communities facing land grabs across the country. For seven months while the organization was suspended, over 300,000 people were evicted from their land and couldn’t access specialized and prompt legal assistance.

Witness Radio Uganda, globally known for its campaign against community land-grabs couldn’t assist these victims of land grab since it risked facing further sanctions from the Bureau in case it intervened. However, last week, there was some relief, when Uganda’s National Bureau for NGOs lifted suspension and certified its operation.

According to Mrs. Bulyerali Joan, the Head Legal at Witness Radio – Uganda, the organization conducted a review of the evictions that happened during the suspension. With information and assistance from some lawyers, local journalists, and community land and environmental rights defenders across the country, the evictions watchdog was able to document cases of hundreds of thousands of Ugandans that were either forcefully evicted or received threats of evictions while in its limbo.

The ban imposed on Witness Radio coupled with the disruptive impacts of COVID- 19 resulted in the surge of eviction cases, especially in areas where the organization had a presence. Throughout the ban, without access to swift and prompt legal support, the communities resorted to sharing with the world their ordeal.

She further noted that the evictions were conducted in disregard of the law on evictions. “I was shocked to see powerful people and companies take advantage of our suspension to escalate the evictions of vulnerable communities that received our assistance. The evictions did not comply with the land eviction practice directives. None of them was preceded by legal court orders.”  She noted.

According to the Land Eviction directives, issued by the former Chief Justice of Uganda, Bart Katureebe, evictions shall be preceded by valid court order, properly identifying the persons taking part in the eviction, and upon presentation of formal authorizations. The police and local authority of the area shall be notified and shall be present to witness the evictions, among others.

Based on the data gathered by the team, various communities across the country were left dispossessed by land grabbers without any form of assistance. Others have received threatening messages with intentions of dispossessing them off their land.

During the period under review, over 300,000 people across the country are believed to have been threatened with evictions, while 350,000 acres of land were either grabbed or on verge of being grabbed.

“However much, we gathered this information, we expect the cases to be higher because some evictions go unreported either due to the remoteness of the areas or other related factors.” One of the collaborators observed.

The evictions were extremely violent.  They were characterized by kidnaps, arrests and detentions, torture that often-caused unexpected grief to the communities.

Among the most affected districts include Kyankwanzi, Mubende, Kassanda, Hoima, Buikwe, Wakiso, Kikuube, and Bulambuli districts.

In some of the mentioned districts, the Lands, Housing, and Urban Development Minister toured and halted the evictions but the evictors continued unabated.

Mr. Kimazi Experito, a journalist based in Mubende, attributed the rise of evictions to the organization’s suspension which denied the evictions-affected communities access to specialized legal assistance.

He said Witness Radio has offered support to over 20 land-grab-affected communities in Mubende with legal support. “Witness radio is a game-changer that brought back lives of evicted communities to normal,” he lauded.

“Mubende is one of the fastest-growing areas because of gold and other minerals as well as factors related to fertile soils. Currently, it is one of the hotspots of evictions. Opportunists used this chance to grab land from people with full attention. Without the defenders, it’s often hard for people to get justice since local people are not much informed about land laws.” Kimazi explained.

Engineered by powerful people in public offices, multinational companies, and politicians using state machinery including the army and national police, forced evictions to continue to affect food sovereignty and threaten the role of indigenous communities to protect the environment.

During the same period, President Yoweri Museveni stopped any eviction without the approval of the Resident District Commissioners. However, legal experts warned that the move is to usurp the powers of the Judiciary. In a statement signed by Pheona Nabasa Wall, the Uganda Law Society President noted that the directive undermined the role and independence of courts in handling eviction matters.

That notwithstanding, “Occasionally, the residents are not given any opportunity to negotiate with the landlords. Even when the government obliges to pay landowners, neither does the government nor the evictor compensate for the damaged property. During evictions, properties that were made for their life end up being destroyed in seconds which causes lifetime misery.” Paul Kasoozi, a community land rights defender stated.

With different tactics aimed at alienating the poor from their land, it has been established that the police and the army continued to play a huge role in the largest forms of violent evictions through torture, arbitrary arrests, and detention and instilling fear and pressurizing the local communities to vacate their land on orders of the evictors.

Many of those community members who oppose land evictions end up being kidnapped, tortured, or arrested and detained to silence the community. It takes support from an organization defending communities’ land rights to intervene for such communities to get justice.

Days before the lifting of the suspension imposed on Witness Radio, communities neighboring the Katta Barracks in Bulambuli district, were violently evicted by the Uganda People’s Defense Forces under the alleged command of Lieutenant Colonel Mukiibi Julius without offering alternative resettlement.

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