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Expedite land related matters in our courts to tame escalating forced land evictions – Buganda King.

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By Witness Radio Team.

As evictions continue to rise in Uganda, affected local communities frequently turn to the courts of law in search of legal remedies. However, the outcomes of these legal actions are often disheartening.

This unfortunate trend encompasses a range of issues, including prolonged court proceedings, decisions that favor wealthy and politically connected individuals and other challenges.

An example can be drawn to Kaweeri coffee victims. It is now 22 years since Peter Kayiira and his community of over 4000 people were forcefully evicted from their land by soldiers from Uganda People’s Defense Forces and police personnel to pave the way for a largescale coffee plantation in Kaweeri, Mubende district without a court order or alternative settlement.

Victim communities ran to court to get justice, but the pursuit has never succeeded, and communities remain at the mercy of God.

On a fateful day in 2001, bulldozers under the protection army and anti-riot police destroyed settlements of villagers in Kaweeri to clear the area for coffee growing. Property worth millions and cultural sites got demolished.

In their quest to regain their land and compensation for the damages that occurred during the evictions, some locals represented by Mwesigwa Rukutana filed a petition in the High Court in 2001.

On March 28, 2013, High Court Judge Anup Singh Choudry ruled in favor of the plaintiffs and awarded them Shs37b, about USD 10.6 million. However, this ruling was subsequently applealed against. In July 2015, the Court of Appeal in Kampala overturned the initial judgment and ordered a retrial at the High Court under a different judge.

On July 2, 2019, the plaintiffs appeared before High Court judge Henry Kaweesa who ordered mediation. Mr. Kayiira adds that on December 16, 2019, Uganda government agreed to compensate them but without interest, a tune of Uganda shillings 3.8 billion.

He added that upon the decision, two groups developed; one of 258 families that consented to this agreement and another 153 families rejected the compensation.

“The initial group of claimants who agreed to the compensation terms entered into a consent judgment with the Government. This agreement stipulated that they would compensate, and the terms were to be fulfilled during the financial year 2021-2022. Despite the signing of agreements, the government has not fulfilled any of the agreements.” He added while speaking to Witness Radio.

But those who declined the compensation because it was very little compared with what they lost in the illegal evictions chose to pursue further with the case. The High Court ordered them to amend their pleadings, which fulfilled. Their case will be coming to the High Court in Mubende for the first time on September 6th, 2023.

Numerous communities in Uganda have encountered prolonged delays if it’s a land related matter in Ugandan Courts of law. However, these pose significant negative impacts on individuals and communities negatively impacted by irresponsible businesses.

While opening the 31st sitting of Buganda Kingdom parliament (Lukiiko) at Mengo – Kampala, His Majesty the King of Buganda, Ronald Muwenda Mutebi II, called upon Uganda’s Judiciary to prioritize and expedite land related matters.

Buganda is a Bantu kingdom within Uganda of the Baganda people, which is one of the largest traditional kingdoms in present-day in East Africa.

“We know many people continue to face illegal land eviction issues. Regrettably when they seek justice, the process is often prolonged, causing significant delays in delivering rulings on these crucial land cases. Our earnest appeal is for the courts to expedite the hearings and resolutions of such cases,” reiterated the King.

Witness Radio has observed that due to the prolonged delays in court proceedings, a distressing outcome is that many individuals eventually opt to abandon their court cases, which stems from a lack of confidence in the judicial system.

“Majority of land cases in court are not only pro-longed but very expensive to already wounded community. Witness Radio – Uganda welcomes the King’s voice of concern in the on-going struggle for justice of poor communities impacted negatively by investments.” Said a researcher at Witness Radio – Uganda.

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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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The CSOs’ Appeal to hear the EACOP case on merit is a crucial development, with the ruling now awaited.

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By Witness Radio team.

The Appellate Division of the East African Court of Justice (EACJ) has heard an appeal filed by four civil society organizations (CSOs) challenging the dismissal of their case against the East African Crude Oil Pipeline (EACOP).

The appeal, filed by four civil society organizations (CSOs), seeks to reconsider the case on its merits after the First Instance Division of the EACJ dismissed it in November 2023 on procedural grounds.

The case was before Justice Nestor Kayobera, Justice Kathurima M’Inoti, Justice Anita Mugeni, Justice Barishaki Bonny Cheborion, and Justice Omar Othman Makungu.

The East African CSOs, Center for Food and Adequate Living Rights (CEFROHT), Africa Institute for Energy Governance (AFIEGO), Natural Justice (NJ), and Centre for Strategic Litigation (CSL), argued that the lawsuit was dismissed unfairly and that the First Instance Court had improperly evaluated the evidence before making its ruling.

According to CSOs, the EACOP project, if implemented, could lead to significant environmental damage, endangering local livelihoods, water supplies, and biodiversity. This includes potential oil spills, disruption of ecosystems, and contamination of water sources. They further assert that TotalEnergies, China National Offshore Oil Corporation (CNOOC), and the governments of Tanzania and Uganda failed to provide a sufficient risk assessment for the project and to adhere to international human rights norms.

The EACOP project is a significant pipeline initiative spanning over 1,400 kilometers, designed to transport crude oil from Uganda’s Lake Albert region to the Tanzanian port of Tanga. The project is a joint venture of TotalEnergies and China National Offshore Oil Corporation (CNOOC) in partnership with the governments of Uganda and Tanzania.

During the appeal hearing in Kigali, Rwanda, the CSOs’ lawyers, known for their expertise, presented robust arguments against the First Instance Court’s dismissal of the case.

Counsel David Kabanda, one of the CSOs’ lawyers, argued that the First Instance Court had overstepped its role by evaluating evidence when considering the preliminary objection raised by the Tanzanian government, which claimed the case was time-barred. He emphasized that determining a preliminary objection should not require examining evidence.

The CSOs’ legal team also emphasized that the case had been filed promptly under the EAC Treaty, a key legal instrument that allows individuals in East African countries to challenge unlawful acts within two months of their enactment or upon gaining knowledge of such acts.

They also urged that the court should have examined other, non-time-barred portions of the case if a portion of it was dismissed on time-barred grounds.

The CSOs also raised the First Instance Court’s ruling to award costs to the Tanzanian and Ugandan governments and the East African Community Secretary General (EAC). They contended that a decision like this may deter future public interest lawsuits, particularly those involving human rights and the environment, as it could set a precedent of penalizing those who advocate for public welfare.

Lawyer Rugemeleza Nshala cautioned that charging in public interest cases, particularly those involving the environment and human rights, could have a “chilling effect” on those seeking justice. “The case that was filed affects the people, and this is why we have all these people in court today,” he said.

After hearing arguments from both sides, including legal representatives for Uganda, Tanzania, and the EAC Secretary General, the appellate judges reserved their ruling, stating that it would be delivered “on notice.”

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As Uganda awaits the Energy Efficiency and Conservation law, plans to develop a five-year plan are underway.

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By Witness Radio Team.

Kampala, Uganda—The Ministry of Energy and Mineral Development (MEMD) is developing a comprehensive five-year Energy Efficiency and Conservation Strategy and Plan for Uganda (EECSP). This plan, which is expected to be completed in June 2025, aims to enhance energy efficiency and conservation efforts in Uganda. Uganda has no law governing the manufacture, distribution, and use of clean cooking technologies.

The plan is expected to be aligned with national priorities, foster partnerships, and secure stakeholder buy-in for effective implementation and long-term sustainability.

In Uganda, over 90% of household energy consumption relies on biomass, a practice that is contributing to massive deforestation. This deforestation threatens our natural habitats, worsens climate change, and increases air pollution. To address these challenges, the government wants to improve energy supply, reduce greenhouse gas emissions, and expand green energy solutions in rural areas, ensuring access to affordable and clean energy.

James Banaabe said that the government, through the Energy Ministry, has hired their firm, Castle Group of Consultants, to develop the strategy. He explained that the goal is to create an actionable plan to enhance energy efficiency across various sectors in Uganda, including industries and buildings.

“We need to develop solutions that help sectors reduce their energy bills while promoting efficiency,” he noted during a consultative meeting attended by key stakeholders, including government agencies, private sector actors, civil society, academia, and end users, which provided active and meaningful insights into the development process.

Funded by the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ), the plan seeks to set realistic, achievable energy efficiency targets across key sectors such as industry, transport, residential, and commercial, identify key areas for improvement, develop an environmental strategy, and recommend actionable measures to enhance energy efficiency and conservation.

Engineer Simon Kalanzi, Energy Efficiency and Conservation Department Commissioner at MEMD, emphasized the crucial role of continuous stakeholder engagement. “The energy efficiency strategy and plan rely on broad stakeholder engagement to ensure inclusivity, relevance, and effective implementation. Your involvement is key to addressing market barriers, sharing knowledge, and building capacity to incorporate local and international expertise,” he stated further.

The strategy will yield significant benefits over the next decade, including a promising future with steady and responsible energy usage across targeted sectors.

David Birimumaaso, a principal officer at MEMD, highlighted that the strategy would support the implementation of the Energy Efficiency and Conservation bill, which is already before Parliament. “This law mandates everyone to be mindful of energy conservation,” he added.

On February 4, 2024, the State Minister for Energy, Hon. Sidronius Opolot, tabled the Energy Efficiency and Conservation Bill, 2024. The bill seeks to regulate energy consumption, curb waste, and promote sustainable cooking technologies. According to the bill, no regulations currently govern the manufacture, distribution, and use of clean cooking technologies.

 

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