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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: 15 Anti-EACOP Activists have been charged with common nuisance and remanded to Luzira prison.

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By Witness Radio team.

A group of 15 anti-EACOP protesters from Kyambogo and Makerere University Business School (Mubs) Universities was arrested on Monday, 11th, for protesting against the East African Crude Oil Pipeline (EACOP) project. They have been arraigned before Buganda Road Chief Magistrates Court and charged with common nuisance.

Fourteen of them were students from Kyambogo University including 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 from Makerere University Business School (MUBS). Grade one magistrate Sanula Nambozo remanded them.

Section 160 (1) of the Penal Code Act states that any person charged with common nuisance, once convicted, is liable to imprisonment for one year.

Police arrested them while marching toward Uganda’s Parliament to meet the Speaker of Parliament and raise concerns about the East African Crude Oil Pipeline (EACOP) project, including the gross human rights abuses and the significant threat it poses to the environment.

This case is part of ongoing protests against the $3.5 billion EACOP project, which will transport crude oil from Uganda’s Albertine region to Tanzania’s Tanga seaport. The project has faced criticism over delayed compensations for affected persons and secretive agreements. Despite a European Union resolution against the pipeline, President Yoweri Museveni has insisted it will proceed as planned.

The prosecution alleges that on November 11, 2024, the accused gathered at Parliamentary Avenue, causing disruption and inconvenience by holding an unauthorized demonstration on the road while displaying placards and banners opposing the oil pipeline.

The 15 activists have been remanded to Luzira Prison until November 26, when their lawyers could apply for bail.

 

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: 15 Anti-EACOP Activists Arrested in Kampala While Marching to Parliament

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By Witness Radio team

Kampala, Uganda – A group of 15 anti-EACOP protesters from Kyambogo University have been arrested in Kampala, Uganda’s capital by police while marching toward the Ugandan Parliament, Witness Radio has learned.

The activists, dressed in orange T-shirts bearing the slogan “No to Oil” and chanting “Stop EACOP,” were arrested by Police at Parliamentary Avenue at approximately 10 a.m. EAT this morning. They wanted to meet the Speaker of Parliament to raise concerns about the East African Crude Oil Pipeline (EACOP) project.

The protesters claim that the EACOP project has led to severe human rights abuses and poses a significant threat to the environment.

Their arrest comes just hours after the start of COP29 in Baku, Azerbaijan. The 29th Conference of the Parties (COP29), hosted by the Government of Azerbaijan, officially begins today, Monday, 11 November, and runs through Friday, 22 November 2024. It aims to build on previous achievements and set a foundation for future climate ambitions to address the global climate crisis.

Uganda, represented at COP29, hopes to use this opportunity to obtain funds for projects related to resilience and adaptation. However, campaigners contend that rather than speaking for Ugandans negatively impacted by climate change, the delegates will emphasize securing financing for environmentally damaging initiatives like EACOP.

Activists are being detained at the Central Police Station in Kampala.

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

18 arrested in oil pipeline protests

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Police in Kampala yesterday arrested 18 individuals who were marching to the Energy Ministry to deliver their petition to Minister Ruth Nankabirwa, expressing their concerns over the planned construction of the East African Crude Oil Pipeline (Eacop).

The arrested individuals are part of the more than 50 students from various institutions under their umbrella body, Students against Eacop Uganda, and a section of Eacop Project Affected Persons (PAPs) who are opposed to the building of the pipeline.

Mr Luke Owoyesigyire, the Kampala Metropolitan Police deputy spokesperson, confirmed the arrests.

 “We are holding 18 people who had gathered or assembled unlawfully with the intent to march to the Ministry of Energy. They are currently being held at the Central Police Station in Kampala on charges of holding unlawful assembly,” he said.

Mr Owoyesigyire added: “We are aware that this is the same group that has been moving to the Chinese Embassy, last time they were moving to the Chinese company in charge of oil drills and this group is very resilient because every week, we arrest them. Like they are not tiring, even us we shall not tire to deploy our officers to arrest them and produce them in courts of law.”

Eacop is a 1,443km heated pipeline that will be constructed from Hoima in Uganda to Tanga in Tanzania to transport the crude oil that is expected to start being extracted next year.

It is being constructed by four partners; Total Energies owning 62 shares, China National Oil Company (Cnooc) [8 percent], Uganda National Oil Company, and Tanzania Petroleum Development Corporation owning 15 percent shares each.

 

Soldiers arrest some of the protesters in Kampala yesterday. 

Affected areas

In Uganda, it passes through 10 districts of Hoima, Kikube, Kakumiro, Kyankwanzi, Mubende, Gomba, Sembabule, Lwengo, and Kyotera, 27 Sub-counties, three Town Councils and 171 villages.

Before the arrest, the PAPs and student activists said the project had caused more suffering and posed more risks.

Mr Robert Pitua, one of the students and a PAP, said the project, despite coming with rosary statements, did not benefit them.

“We want to reach these people as a way of raising our concerns. Livelihood restoration programmes were insufficient, and now we cannot manage to restore the initial livelihoods we had. Most people are given unfair and inadequate compensation. They are using the old valuation rate and yet we are supposed to be using the current one,” he said.

Mr Bob Barigye one of the activists, said “Some people were given Shs260,000 as compensation in an acre of land, which payment is not clear since it was valued at an old rate. So we are here to express our concerns in a peaceful protest since we wrote letters and reports in vain.”

Mr Stephen Okwai, another PAP, said: “Currently most of us in western Uganda are being disturbed. You cannot know when the rain is going to start and when it will stop yet most of these people are farmers. The effect of this oil project is greatly impacted on the grassroots people.”

One of the protesters being dragged onto the police pickup truck.

What government says

According to their official website, Students against Eacop Uganda is an umbrella body of different student climate activists who are fighting to stop the pipeline construction because of what they call its devastating environmental impact.

These claims were, however, bashed by officials from Eacop Ltd, a firm responsible for the construction of the pipeline.

Mr John B Habumugisha, the deputy managing director of Eacop Ltd, said 99 percent of PAPs have fully been compensated.

“As of August 2024, a total of 9,831 out of 9,904 (99 percent) of PAPs in Tanzania and 3,549 out of 3,660 (97 percent) PAPs in Uganda have signed their compensation agreements. 9,827 out of 9,904 (99 percent) PAPs in Tanzania and 3,500 out of 3660 (96 percent) PAPs in Uganda have been paid. All 517 replacement houses, (177 in Uganda and 340 in Tanzania), have been constructed and handed over,” he said.

He added: “Land is accessed by the project only after compensation has been paid and the notice to vacate is issued and lapsed. Eligible PAPs are entitled to transitional food support and have access to livelihood restoration programmes.”

About pipeline

The 1443km pipeline from Hoima in Uganda to Tanga Port in Tanzania is expected to reach financial close this year, with the nearly $3 billion debt component of the project coming from Chinese lenders Exim Bank and Sinosure. The project is financed on a 60:40 percent debt-equity ratio. As at the end of April this year, the Eacop project progress in Uganda and Tanzania stood at 33 percent.

Source: Monitor

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