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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Families left in limbo as Uganda oil project earmarks land

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Jacckson Katama, a fisherman by trade, at his home in Bullisa District near Lake Albert in Uganda, September 15, 2020. Thomson Reuters Foundation/Isaac Kasamani

By Liam Taylor

BULIISA, Uganda, Oct 1 (Thomson Reuters Foundation) – Two years ago, surveyors came to measure a swathe of land cutting through the Bitamale family’s homestead in western Uganda.

The family was not sure whether the land acquisition in their village in Buliisa district was for a road or a pipeline, but they knew it was connected to a multibillion-dollar oil project coming to the low plain beside Lake Albert.

“The surveyors told us we shouldn’t use the land where they passed,” Violet Bitamale told the Thomson Reuters Foundation, indicating an invisible line between a nearby tree and the house of her adult son.

But since then, nobody has come to develop the land and the family has received no compensation for it, noted her husband, Isaac.

Uganda’s first major oil project has hit repeated delays, leaving families in a state of limbo that poses major risks to their livelihoods, their land rights and the environment, human rights groups said in two reports published last month.

The project is a joint venture between French energy giant Total and the state-owned China National Offshore Oil Corp. (CNOOC), in cooperation with the Ugandan government.

The companies will acquire land from hundreds of families around Lake Albert and 12,000 additional families along the 1,440-km pipeline route from Hoima district to the Tanzanian coast, according to the NGO reports.

In a speech this week, Ugandan President Yoweri Museveni said he expects the oil companies to reach a final investment decision on key parts of the project by the end of this year.

Officials say it will take another three years until the crude starts pumping, with government geologists estimating the country’s reserves at 6 billion barrels.

Bitamale said before the surveyors came to her village, Total had told residents they would receive compensation for any land that was bought up – but only for the crops and structures that were already there, not new ones added later.

Families were informed they could plant seasonal crops, such as potatoes and maize, but not their staple food cassava, which takes up to two years to grow – because by that time their farmland could have become part of the oil project, she added.

“What should we eat now?” Bitamale asked.

Isaac said they are growing some cassava on a different plot, but it is not enough, so they also have to buy some.

Total said the land acquisition process follows international standards, and that “considerable efforts have been made” to keep households informed about delays, for example through radio messages and posters.

CNOOC Uganda said in emailed comments that it “complies with all the relevant Ugandan laws and regulations along with its own corporate standards that have to be met (to) respect human rights”.

22-year-old student, Emmanuel Ongyeer stands at the Kyakaboga resettlement in Hoima district near Lake Albert in Uganda, September 14, 2020. Thomson Reuters Foundation/Isaac Kasamani

‘PROTECTING THE PEOPLE’

Oil companies have had their eye on the Lake Albert region since commercial quantities of crude were first discovered there in 2006. The planned development is expected to attract investments of $15-20 billion over the next five years.

According to public statements by the energy ministry and the Petroleum Authority of Uganda (PAU), a regulator, the development will include more than 400 oil wells, several processing facilities, and a refinery.

It also involves building the world’s longest heated pipeline, the $3.5-billion East African Crude Oil Pipeline (EACOP).

On Sept. 10, after signing a pipeline agreement with Total, Museveni said the government’s share of oil earnings would support the country’s infrastructure, education and health.

That agreement signalled renewed momentum, and Total said that it is starting to “resume and expedite the compensation process” for people who will lose land to the project.

The company said land belonging to more than 600 households was marked for acquisition in the first phase of the development.

But even before the first drop is pumped, the Total project and others in the venture “have been marred by allegations of human rights violations,” said a joint statement by several human rights groups.

They include the global charity Oxfam, the International Federation for Human Rights (FIDH), headquartered in Paris, and the Kampala-based Foundation for Human Rights Initiative (FHRI).

Families who have been affected by the projects have complained of “slow payments, disruption of children’s education, loss of traditional sources of livelihood, and opaque resettlement processes,” the statement said.

Rashid Bunya, a researcher at FHRI, said that “the government should not focus on earning from the oil. It should also first focus on protecting the people who are going to live with the oil”.

“The … initiative is a good project. The biggest challenge is how it has been handled. There’s a problem of engaging with the community and so people’s voices are not heard,” he said.

Total said it had consulted with 68,000 people since the start of its component of the project and that the pipeline route was chosen so that just 488 families would need to leave their homes.

“The rates of compensation have been approved by the relevant governments based on market research,” the company said.

Ali Ssekatawa, director for legal and corporate affairs at the PAU, acknowledged the development is facing delays and said affected communities were free to keep using their land “within limits”.

DIVIDED FAMILIES

In Buliisa, the disruptive effects of oil development are already being felt.

Bitamale said oil companies working in the area initially registered only men as the landowners, causing families to quarrel over compensation and even fuelling domestic violence.

The FIDH report noted that Total now requires both spouses to sign compensation contracts and pays women directly for their personal crops and property.

Fred Mwesigwa, who has lost three acres (1.2 hectares) to Total’s central processing facility, said the 10 siblings in his family have fallen out over whether to accept resettlement or cash compensation, at rates he considers inadequate.

“That house belongs to my sister,” he says, gesturing across his garden. “You just pass by, without (her) greeting us.”

In a separate project further south, in Hoima district, the government is planning to build an oil refinery and an international airport which will fly in oil equipment.

That project has so far displaced more than 7,000 people, according to the Oil Refinery Residents Association (ORRA), a community-based rights group.

Although most families took cash compensation, about 70 opted for resettlement, noted Francis Elungat, a land acquisition officer at the Ministry of Energy and Mineral Development who confirmed the figures from the ORRA.

The families who chose resettlement now live in a government-built village, in rows of geometric houses with a faintly suburban feel.

One of the residents, Innocent Tumwebaze, said it is nothing like the homesteads they left behind, which had space to graze animals or construct separate huts for adolescent sons.

“As Africans, in our culture most families are extended families – you find the grandfather is there, the son, the daughter,” Tumwebaze said.

“When they were planning this settlement … we told them the kind of setting that we have in our community does not match with what we are doing here.”

**Trust.org

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: A missing community environmental defender was found dumped by the roadside.

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By Witness Radio team.

An environmental human rights defender abducted five days ago while in Kampala has been found abandoned on a roadside in Kyenjonjo district, Witness Radio has confirmed.

Speaking to Witness Radio, a member at the Environmental Governance Institute (EGI) revealed that Stephen Kwikiriza was discovered at around 8:30 pm yesterday, abandoned on the roadside in Kyenjojo District. He added that the defender was severely beaten and is currently receiving medical attention at one of the hospitals in the country.

“We learned from his wife, whom he called, that he had been dumped in Kyenjojo. She informed one of our colleagues. We, therefore, had to find a means of rescuing him. He, however, was badly beaten and is not in good health,” he added.

Stephen Kwikiriza, a member of the King Fisher Project Affected Community, also working with the EGI, was abducted in Kampala by plain-clothed men, believed to be from Uganda Peoples Defense forces (UPDF) on 4th of June 2024 Tuesday morning.

According to sources, upon his (Stephen) abduction, he managed to send a text message to one of his colleagues at the Environmental Governance Institute (EGI), a local organization supporting project-affected persons, which reported a missing person.

The Kingfisher project is an oil project in western Uganda on the shores of Lake Albert, developed by the Chinese company China National Offshore Oil Company (CNOOC), of which TotalEnergiesis the main shareholder. The project will extract oil and be transported by the East African Crude Oil Pipeline (EACOP).

According to a statement from the Stop EACOP Coalition members, Stephen had been receiving various threats from UPDF officers deployed in the Kingfisher area. The coalition members believe these threats are retaliation for being outspoken against human rights abuses and the threats to his community’s livelihood posed by the Kingfisher oil project.

His abduction comes barely a few weeks after the forceful arrests of the seven environment activists namely Barigye Bob, Katiiti Noah, Mwesigwa Newton, Byaruhanga Julius, Ndyamwesigwa Desire, Bintukwanga Raymond, and Jealousy Mugisha.

On May 27th, 2024, the seven were arbitrarily rounded up by armed police in Kampala outside the Chinese Embassy in Kampala, Uganda while delivering a protest letter to the Chinese Ambassador to Uganda calling for his government not to fund a disastrous project.

On June 8, 2024, over 115 international civil society organizations wrote a statement in response to Kwikiriza’s abduction calling upon the Ugandan authorities to ensure the immediate and unconditional release of Stephen Kwikiriza.

In the statement signed by Both Ends, Bank Track, and SOMO among others, they called on Ugandan authorities to cease all forms of harassment of civil society organizations and community members living in and speaking out on the EACOP Kingfisher project and all other related oil projects, including the Tilenga project, and guarantee in all circumstances that they can carry out their legitimate human

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Seven Environmental activists against EACOP have been charged and released on police bond.

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By Witness Radio team.

Jinja Road police have preferred a charge of unlawful assembly against the seven environmental activists brutally arrested on May 27th, 2024, by armed police in Kampala for protesting against the intended financing of the East African crude oil pipeline project (EACOP) by the Chinese gov’t.

Section 66 of the Penal Code Act Cap. 120, states that any person who takes part in an unlawful assembly commits a misdemeanor and is liable to imprisonment for one year upon conviction.

The seven include Barigye Bob, Katiiti Noah, Mwesigwa Newton, Byaruhanga Julius, Ndyamwesigwa Desire, Bintukwanga Raymond, and Jealousy Mugisha. The group got arrested outside the Chinese Embassy in Kampala, Uganda in an attempt to deliver a protest letter to the Chinese Ambassador to Uganda calling for his government not to fund a disastrous project.

On May 27th, seven protesters chose to sit outside the embassy, vowing not to leave until embassy officials received their protest letter, which contained grievances and demands. However, this did not happen. Instead, the police swung into action, brutally rounding up the protesters before throwing them into a police patrol and taken to Jinja Road police. The arrest occurred before any embassy officials had engaged with the protesters.

According to activists, the EACOP project has caused severe human rights violations, poses significant environmental risks, and will contribute to the climate crisis.

The EACOP is a project spanning 1,443km from Kabaale, Hoima district in Uganda to the Chongoleani Peninsula near Tanga Port in Tanzania. It aims to transport oil from Uganda’s Lake Albert oilfields to global markets via the port of Tanga.

According to Uganda’s State House website, President Yoweri Kaguta Museveni on Thursday, April 4th, 2024, received a letter from the President of the People’s Republic of China, His Excellency Xi Jinping, expressing his unwavering support for the East African Crude Oil Pipeline Project (EACOP).

“Your Excellency, I received your letter, and I am very happy to let you know that I am in full support of EACOP. I believe that it will enhance socio-economic development for the region. I am confident that with the strong cooperation between our nations, this project will be a success,” message President Museveni on his X platform read in part.

On Saturday last week, Civil Society Organizations advocating for energy just transition, climate and environmental conservatism, and land justice addressed the media and appealed to the Chinese President to drop his interest in funding the EACOP pipeline after several banks and insurance companies had abandoned the Total-led project.

The government of China has now joined the list of entities, including Total Energies, in funding the controversial and potentially disastrous project that has continued to criminalize those who speak about its negative impacts.

The seven activists will report back to Jinja Road police station on June 4th, 2024.

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: Over 600 attacks against defenders have been recorded in the year 2023 globally- BHRRC report.

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By Witness Radio-Uganda.

The attacks and criminalization of land rights defenders, environmental activists, and climate activists have become common tactics employed by the authorities in the world to silence, suppress opposition, and perpetuate impunity against those that protect the climate, environment, and land rights.

The escalating scale of attacks against people defending our rights and climate from business-related harms, according to the report by Business and Human Rights Resource Centre in 2023 titled People power under pressure: Human rights defenders & business in 2023 shows the failure of governments to protect human rights and illustrates how voluntary action by companies and investors is insufficient to prevent, stop and remedy harm.

The report documented 630 instances of attacks directly affecting an estimated 20,000 people, raising concerns about business-related harms in the whole World where over three-quarters (78%) of these attacks were against people acting to protect the climate, environmental, and land rights.

According to the report, many attacks involved collusion between state, private sector, and other non-state actors occurring in contexts where there are high levels of impunity, adding that the direct perpetrators of attacks were largely state actors, with police and judicial systems being the most common perpetrators, followed by the military/armed forces. The highest number of attacks were connected with the mining (165), agribusiness (117), and oil, gas & coal (112) sectors.

According to the Resource Centre, Brazil leads the tally in the World with the highest number of attacks on HRDs challenging corporate harm in 2023 with (68) cases followed by, India (59), Mexico (55), Honduras (44), the Philippines (36), USA (27), Iran (24), and Colombia (22), among others.

In 2023, 86% of the cases we tracked were non-lethal including arbitrary detention (157), physical violence (81), intimidation and threats (80), strategic lawsuits against public participation (38), and others. The Resource Centre also recorded 87 killings of defenders speaking out about business-related harms in 2023. Additionally, the Centre has revealed most attacks – both lethal and non-lethal against HRDs go uninvestigated and unpunished, promoting a culture of impunity and fueling further attacks.

In Africa, Uganda has recorded the highest number of cases, with 18 incidents reported. The East Africa Crude Oil pipeline stands out as a focal point for most of these attacks, with individuals opposing this major infrastructure project being targeted by the state.

The report revealed one of the incidents where the Police officers refused to let the students enter parliament. Most were chased away, but four students, including Kajubi Maktom, were caught by police and allegedly kicked, punched, and beaten with wood, and brutally arrested. They spent the weekend in Luzira prison, where Maktom contracted tuberculosis, before being charged with public nuisance and released on bail. Since then Maktom has continued to receive threats from unknown persons.

Several reports including those of Human Rights Watch, Frontline Defenders, and Witness Radio among others have published reports describing patterns of arbitrary arrests, threats, office raids, and intimidation against individuals who have raised concerns about EACOP and other oil developments in Uganda.

The 630 instances of attacks against people raising concerns about business-related harms recorded in 2023 only are part of a consistent, ongoing pattern of attacks against HRDs protecting our rights and planet globally, with more than 5,300 attacks recorded since January 2015 by the Resource Centre.

The report calls upon States to fulfill their duty to protect the rights of HRDs and for business actors to respect the rights of HRDs by taking immediate action on these recommendations.

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