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Defending Land And Environmental Rights

Fresh and new case of rape is registered from Kiryandongo forced land eviction

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By witnessradio.org Team

 

Kiryandongo – Uganda – barely four days after witnessradio.org reported about rape and sexual assault as new weapons in forced land eviction in Kiryandongo district, a new case of rape has been committed against a community member living in Great Season SMC limited’s plantations.

 

Great Season SMC limited owned by a Sudanese investor YASIR ADAM AHMEDAI ABDALLA, is among the three multinational companies that have resorted to the use of rape and sexual assault against women and young girls as a new method to evict them off their land. Other include Agilis Partners limited, Kiryandongo Sugar Limited that are using multiple violent methods to evict more than 35000 people since 2017.

 

The latest victim Nyamadoi Resty (not real name to protect her from stigma) said she was waylaid on the night of August, 15th, 2020 by an assailant at Nyakadoti, who first hit her head with fist before grabbing her from behind. She said, she tried to make an alarm but the rapist strangled her until she could not make alarm anymore.

 

“I was able to identify the rapist and he’s a worker of Great Seasons SMC limited. I was helped by fellow villagers to report and register the case at Kimogola police post before being transferred to Panyadori Health Center III for medical assistance” Said Nyamadoi.

 

She revealed that upon reporting the case to the police, the officer at Kimogola police post had to extort ten thousand shillings (10,000/= equivalent to three dollars to get a police medical form and also deliberately restrained himself from entering a rape case in police records.

 

The records from Kimogola police post obtained by witnessradio.org indicate that Nyamadoi was “assaulted”.

 

When witnessradio.org raised the issue of case mismanagement to Kiryandongo District police Commander Bakaleke Joseph, he said his office would investigate the matter and ensure justice is done.

 

According to the area leadership, more than a dozen of women have fallen victims of companies’ acts of aggression with no perpetrator neither been apprehended nor faced the law despite cases being reported to justice and law order sector institutions in Kiryandongo district.

 

In our groundbreaking ARTICLE published on August, 13th, 2020, Nyamutende LC1 general secretary, John Tayebwa revealed that more than 10 women and girls were either raped or sexually assaulted since Uganda entered into COVID-19 total lockdown. Uganda went into a total lockdown on March 18th, 2020.

Defending Land And Environmental Rights

State fails to produce a key witness, prematurely closes its prosecution in the trial of the eight land rights defenders

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By the Witness Radio team,

The state prematurely closed its prosecution in the trial of the eight community land rights defenders after it failed to produce its last witness, the Investigating Officer (IO).

Mwawula Fred, Ramu Ndahimana, Samuel Kusiima, Martin Munyansia, Martin Haweka, Amos Wafula, Eliot Talemwa, and George Rwakabisha are facing a charge of threatening violence, which attracts a four-year sentence upon conviction.

Upon closure of the prosecution, the defense lawyers applied for the dismissal of the case for want of prosecution, adding the evidence before the court too weak to sustain a conviction

The court has directed the defense to file its written submission and serve the prosecution by 10th February 2022.

Since 2020, the prosecution has only presented two witnesses, which resulted in the trial being marred with unnecessary adjournments and transfers of trial magistrates.

The prosecution alleges that on September 4th, 2020, the eight community rights defenders, while at Kisalanda village, allegedly threatened to harm one of the police officers guarding Great Season SMC Limited’s plantation.

Great seasons SMC Limited is one of the multinationals that have forcefully evicted thousands of local farmers and criminalized activities of community land rights defenders for resisting illegal and forceful evictions of poor communities in the Kiryandongo district. The others include Kiryandongo Sugar Company and Agilis Partners Limited.

The court will rule on the application to dismiss the case on the 20th of March 2022

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Defending Land And Environmental Rights

Mubende police arrest and charge farmers that workers of a tree-planting company attacked.

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By Witness Radio team

Five smallholder farmers have been arrested and charged with malicious damage by Mubende police, Witness Radio Uganda has learned.

The victim farmers include; Kabuka Levi, Lubwama Robert, Bulegeya Erisa, Byakatonda David, and Byamukama Yuda are among the victims of the company attacks. Upon arrest, they (victims) recorded statements and later were released on police bond.

Before their arrest, the farmers had opened several cases against their tormentors (company workers) for attacking and destroying their properties worth millions of Shillings. Several files were opened including SD.ref/09/07/12/2022 and SD.ref/12/07/12/2022 against company workers. However, to their surprise, the police made a U-turn and got them arrested.

On December 7th, 2022, in the wee hours of that day, a group of over 20 casual workers linked to Formosa limited, a tree planting company based in Mubende district attacked several families, properties like houses and food crop plantations were destroyed, and several farmers were severely beaten with intentions of forcing them off their land.

“When we reached Mubende police, we were all arrested and interrogated for almost an hour before recording statements on malicious damage charges. The company reported that we cut its trees and had photos as evidence which we did not do.” Mr. Kabuka Levi told Witness Radio in an interview.

In the meantime, the same company in 2017 caused the arbitrary arrest and imprisonment of 5 community land rights defenders for 15 years and 35 years on murder and other charges. The five include; Paul Sinamenya, Richard Ssemombwe, Fenehansi Kaberuka, Esau Hategeka, Godfrey Bukenya, Yonnah Ssebanenya, and Sserugo Sam Ssemigo.

Witness Radio appealed against the conviction of 5 defenders for review and is waiting on the appellant court to set the hearing date of the case.

Since 2011, Formasa company under the protection of private security guards and the police has grabbed 2590 hectares that were a source of livelihood for hundreds of poor communities.

The land grabbing has affected over ten (10) villages including Butoro, Kyedikyo, Nakasozi, Namayindi, Kitebe, Kisiigwa, Mukiguluka, Busaabala, and Kicucuulo located both in Maduddu and Butoloogo sub-counties in Mubende district.

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Defending Land And Environmental Rights

Community land rights defenders that have been on trial since 2020; are set to return to court this January.

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By Witness Radio Team.

The criminal trial of eight (8) Community land rights defenders on charges of threatening violence is to resume on the 23rd of January 2022, with the state producing its final witness.

The defense lawyers are preparing a submission of no case to answer upon closure of the prosecution’s case because of the insufficiency of the case.

So far, the prosecution has presented two witnesses before the court since 2020, whose trial sessions have been marred with unnecessary adjournments and transfers of hearing magistrates.

The eight community land rights defenders include; Mwawula Fred, Ramu Ndahimana, Samuel Kusiima, Martin Munyansia, Martin Haweka, Amos Wafula, Eliot Talemwa, and George Rwakabisha were charged with threatening violence, a charge that attracts a four-year sentence upon conviction.

The prosecution alleges that on September 4th, 2020, the eight and others, while at Kisalanda village, allegedly threatened to harm one of the police officers guarding Great Season SMC Limited’s plantation.

In November 2020, the prosecution disclosed to defense lawyers and informed the court that investigations were closed and the prosecutor’s chambers were ready to proceed to trial.

Great seasons SMC Limited is one of the multinationals that have forcefully evicted thousands of local people and later criminalized activities of smallholder farmers that have resisted illegal evictions in the Kiryandongo district. The others include Kiryandongo Sugar Company and Agilis Partners Limited.

The trial will start at 10 am East African Time.

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