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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Forced eviction during covid-19 lockdown: KCCA with the World Bank funding is excluding me and my siblings from being compensated for our properties because we evolved lawyers in the eviction process.

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Nasande Kadijah, seated in one of the village meetings.

By witnessradio.org Team

Nasande Kadijah, not real name due to fear of retaliation, is one of the residents of Kawaala zone II, in Rubaga division, in Kampala district whose piece of Kibanja is being grabbed by Kampala Capital City Authority, (KCCA) to expand and construct the Lubigi Primary Channel with the aid of the World Bank loan to tune of USD 175 Million without compensation.

Nasande was born on the same piece of land in 1972 and, later with her siblings, they inherited the same property from their parents. The land measures an acre on which she constructed a house and also uses it to grow beans, bananas, and maize.

In early December 2020, Nasande’s family was among the 120 families that first received an eviction notice from KCCA without prior notice. It later dawned on them that the eviction notice was to pave way for the channel construction.

According to Nasande, they learned about the Second Kampala Institutional and Infrastructure Development Project (KIIDP-2) from Witness Radio – Uganda lawyers.

A selfless community leader claims that she has been targeted by KCCA for mobilizing other community members to resist the COVID-19 land grab. As a result, her land has not been valued and compensated for, and yet KCCA is insisting on constructing and finishing the channel by December 2021.

After filing a complaint to the World Bank’s Inspection Panel on 17th June  2021, and holding a meeting with all stakeholders, KCCA was advised to repeat the whole evaluation process however, KCCA instead went ahead to carry out a forceful surveying exercise. Many property owners were excluded from the exercise including Nasande. KCCA also went ahead and asked them  to sign documents whose contents were  unknown to the project Affected Persons since they are illiterate who can barely read and write in English.

“We have requested lawyers from Witness Radio – Uganda to represent us. I never went to school, and I don’t know how to read. Documents were in English and no one could interpret for me. This is why I wanted my lawyers to be present on my behalf,” she said.

She added that there was a list of property owners allegedly circulating from KCCA but her name (Nasande) did not appear on it.

“One of the project members, Mr. Kyaddondo David accused me of ‘fighting KCCA work’ in one of the interfaces. I told him I was not fighting them but instead fighting their injustices in the eviction process. This is my land and I deserve to be compensated. If they claim what they are doing is right, why do they discouraged me from associating with my lawyers? My lawyers are there to fight for me and it is their role to do what I cannot. If they believe they want my land, let them follow what is right. Am one of the persons who welcomed the project for the development of our community,  of what importance does it have when we are left suffering?”, she added.

“My land is my everything. Am a poor woman unlike them working in the offices, this is what I depend on to feed my family of five. Do they want to find me on the streets begging? I asked those officials if they can give me part of their land, then I leave this for them but they refused,” she emphasised.

According to Kadijah, even those that were allegedly valued, KCCA did not display the evaluation rates.

“Many of them were caught unaware, they are now crying, and no one knows which rates were used. The systems were fraudulent. And some of us who were mobilizing others to resist started using fellow villagers to fight us back. They told them that we are the ones holding KCCA from paying them by involving lawyers who will take our money. Our purpose of getting lawyers was to get justice, because if these people wanted to compensate us, why did they think of evicting us at first. Before saying we are bad, they are bad too,” she further added.

According to Kadijah, had it not been for the intervention of Witness Radio Uganda, and Accountability Council they would have been already evicted.

“No one could hear our voices, everyone would not listen to our stories, not even the government offices. When Witness Radio came in to help us, they slowed down and even accepted to compensate us. So why do they want us to leave Witness Radio, they want to grab our land which we cannot accept. We have given KCCA many chances and we agree to be compensated but fairly and allow the government project to proceed,” she explained.

Such unlawful processes prompted, Witness Radio Uganda together with its partner Accountability Counsel on behalf of community members to file a complaint to the inspection panel seeking their interventions.

DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: Buganda Road Court grants bail to 15 stop EACOP activists after 30 days in prison.

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By Witness Radio team.

The Magistrate at Buganda Road Court has granted non-cash bail to 15 stop EACOP activists from Kyambogo and Makerere University Business School (MUBS) Universities. They spent 30 days in detention at Luzira Maximum Security Prison on charges of common nuisance.

After the defense lawyers successfully applied for bail, on 10th December, the trial magistrate, Her Worship Nankya Winnie, granted a non-cash bail of 500,000 Uganda Shillings (approximately 136.50 USD) for each activist and their sureties.

The hearing of the bail application for the EACOP activists flopped yesterday. It was adjourned after it was reported that the then-presiding magistrate, Her Worship Sanula Nambozo, had been transferred to another duty station and replaced by Her Worship Nankya Winnie.

The accused activists are all young students from the universities mentioned above. The students include Simon Peter Wafula, Gary Wettaka, Martin Sserwambala, Erick Ssekandi, Arafat Mawanda, Akram Katende, Dedo Sean Kevin, Noah Katiti, Oscar Nuwagaba, Oundo Hamphrance, Bernard Mutenyo, Nicholas Pele, Shadiah Nabukenya, Shafiq Kalyango, and Makose Mark.

They were arrested in early November 2024 for protesting the East African Crude Oil Pipeline (EACOP) project in Kampala, Uganda’s capital. The EACOP project, a major oil pipeline, has been controversial due to its potential environmental impact, including the risk of oil spills and deforestation, and the alleged human rights violations associated with its construction, such as forced evictions and land grabbing.

Despite the risks, the activists marched to Uganda’s Parliament to meet the Speaker and raise concerns about the EACOP project. The peaceful march reiterated numerous concerns raised by civil societies and the European Parliament about the project’s negative impacts.

The EACOP project, which will transport crude oil from Uganda’s Albertine region to Tanzania’s Tanga seaport, has been criticized for delayed compensation for affected persons and secretive agreements. The potential impact on the environment and human rights is a cause for concern.

On 11th November, the accused were charged with common nuisance. Section 160 (1) of the Penal Code Act states that anyone charged with common nuisance is liable to one-year imprisonment on conviction. This charge, frequently imposed against individuals peacefully protesting in Uganda, has notably been used against Stop EACOP activists. While common nuisance addresses acts causing inconvenience or disruption to the public, it is crucial to emphasize that the accused were engaged in peaceful protest, causing no harm or disturbance.

The prosecution alleges that on 11th November 2024, the accused gathered at Parliamentary Avenue, peacefully expressing their dissent and causing no harm. Yet, they were charged with common nuisance, which seems unjust given their peaceful protest. It’s important to note that their protest was non-violent and aimed at raising awareness about the potential negative impacts of the EACOP project.

The court has adjourned the case to 16th January 2025 for a hearing.

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: The Bail Application for the 15 EACOP Activists flops for the second time, as the trial magistrate is reported to have been transferred.

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By Witness Radio team.

A bail application for the 15 EACOP activists from Kyambogo and Makerere University Business School (MUBS) Universities currently on remand at Luzira Maximum Prison on charges of common nuisance has flopped for the second time due to the absence of the presiding magistrate.

The prosecution stated that the bail application could not proceed because the presiding magistrate, Her Worship Sanula Nambozo, had been transferred to another court. As a result, the case file was allocated to a new magistrate, Her Worship Nankya Winnie. She rescheduled to hear the bail application for today, October 10th, 2024, at 9 a.m. EAT.

The bail application for the 15 activists has faced yet another setback, marking the second failed attempt.

This delay in the bail application process means that these young students continue to be held in remand at Luzira Maximum Prison, a situation that is undoubtedly taking a toll on them. On November 16th, 2024, the bail hearing was disrupted due to the absence of two student activists, Wafula Simon and Kalyango Shafik. During that court session, the prosecution informed the court that both individuals were unwell, suffering from red eyes, and had been placed in isolation at the prison hospital.

The activists on remand, all young students, include Simon Peter Wafula, Gary Wettaka, Martin Sserwambala, Erick Ssekandi, Arafat Mawanda, Akram Katende, Dedo Sean Kevin, Noah Katiti, Oscar Nuwagaba, Oundo Hamphrance, Bernard Mutenyo, Nicholas Pele, Shadiah Nabukenya, Shafiq Kalyango, and Makose Mark.

The 15 were arrested in early November 2024 for protesting against the East African Crude Oil Pipeline (EACOP) project in Kampala, Uganda’s capital. The EACOP project, a major oil pipeline, has been a subject of controversy due to its potential environmental impact and the alleged human rights violations associated with its construction.

Despite the risks, the activists marched to Uganda’s Parliament to meet the Speaker of Parliament and raise concerns about the EACOP project. Their persistence in the face of adversity is truly inspiring.

The EACOP project, which will transport crude oil from Uganda’s Albertine region to Tanzania’s Tanga seaport, has been criticized for delayed compensation for affected persons and secretive agreements. The potential impact on the environment and human rights is a cause for concern.

On November 11th, the accused were charged with common nuisance. Section 160 (1) of the Penal Code Act states that anyone charged with common nuisance is liable to one-year imprisonment on conviction. The charge of common nuisance is often used in cases where individuals are accused of causing inconvenience or disruption to the public, but it is important to note that the accused were peacefully protesting and causing no harm.

The prosecution alleges that on November 11th, 2024, the accused gathered at Parliamentary Avenue, peacefully expressing their dissent and causing no harm. Yet, they were charged with common nuisance, a charge that seems unjust given their peaceful protest.

The third attempt for the bail application of the 15 activists has been rescheduled for hearing today at 9 a.m. EAT before Her Worship Nankya Winnie of the Buganda Road Court.

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Buganda Road Court will hear a bail application for 15 EACOP activists today.

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By Witness Radio team.

A bail application for the 15 EACOP activists from Kyambogo and Makerere University Business School (MUBS) Universities currently on remand on charges of common nuisance will take off today.

On November 16, 2024, attempts to apply for bail for the 15 students flopped due to the absence of two activist students in court.

The prosecution informed the court that Wafula Simon and Kalyango Shafik were sick and suffering from red eyes. They were placed in an isolation room in the prison hospital, thus causing a setback to earlier bail application attempts.

The activists on remand, all young students, include Simon Peter Wafula, Gary Wettaka, Martin Sserwambala, Erick Ssekandi, Arafat Mawanda, Akram Katende, Dedo Sean Kevin, Noah Katiti, Oscar Nuwagaba, Oundo Hamphrance, Bernard Mutenyo, Nicholas Pele, Shadiah Nabukenya, Shafiq Kalyango, and Makose Mark.

They were arrested in early November 2024 for protesting against the East African Crude Oil Pipeline (EACOP) project in Kampala, Uganda’s capital. The activists, undeterred by the risks, were marching to Uganda’s Parliament to meet the Speaker of Parliament and raise concerns about the EACOP project, including the continued gross human rights violations/abuses, the significant threat it poses to the environment, and the criminalization of the mega project’s critics.

The EACOP project will transport crude oil from Uganda’s Albertine region to Tanzania’s Tanga seaport. The project has been criticized for delayed compensation for affected persons and secretive agreements.

On November 11, the accused were charged with common nuisance. Section 160 (1) of the Penal Code Act states that anyone charged with common nuisance is liable to one-year imprisonment on conviction.

The prosecution alleges that on November 11, 2024, the accused gathered at Parliamentary Avenue, peacefully expressing their dissent and causing no harm, yet they were charged with common nuisance. They were accused of causing disruption and inconvenience by holding an unauthorized demonstration on the road while displaying placards and banners opposing the oil pipeline.

The bail application for the 15 activists will be presented before Her Worship  Sanula Nambozo the Grade One Magistrate of Buganda Road Court.

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