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Defending Land And Environmental Rights

Fresh arrests of land rights defenders, villagers in a newly announced second COVID-19 lockdown in Uganda…

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By witnessradio.org Team

Kiryandongo – Uganda, barely a week and few days into the second COVID-19 lockdown, multinationals have again taken the advantage of the situation and returned to the use of violence to dispossess poor communities of their lands and properties as four people including two land rights defenders have unlawfully been arrested by police guarding Great Seasons SMC Limited plantations.

Apart from being uniquely vulnerable to the health risk, no access to public transport, or courts of law posed by COVID-19 lockdown, multinationals are taking advantage of the situation to harass and intimidate villagers to grab their land.

In the first lockdown, which was announced on March, 18th, 2020, and eased later in the year, Witness Radio – Uganda documented more than 120 cases of criminalization of land rights defenders. Illegal arrests were made and persecutions fuelled by multinationals and their agents.

The second COVID-19 lockdown was first announced on June, 06th 2021, and later revised by the government on June, 18th 2021 is expected to last for the next 42 days. 234 deaths of Ugandans due to COVID-19 were recorded in one month of May 2021.

The four victims include land rights defenders; Baluma Sepriano, and Martin Munyansia, and the other two villagers identified as Byaruhanga Ronald aged 16, and Godfrey Munyansia aged 24, all residents of Jerusalem- Kisalanda, Kitwala sub-county in Kiryandongo district.

Both Baluma and Munyasia have pending police and court cases both at Kiryandongo central police station and Grade I (One) Magistrate court emanating from their land rights defense work.  Munyansia and the other seven (7) land rights that are charged with threatening violence are set to appear in court on August 6th, 2021 for trial.

Eyewitnesses told Witness Radio – Uganda that the operation that led to the unlawful arrest of the four people was led by the Officer in Charge (OC), Kimogola police Post, Bagadya Steven, and Abula Felix, a police officer heading the Police Protection Unit attached to Great Seasons SMC. Others in the operation were five (5) private security guards attached to the company that was armed with spears, bows, and arrows.

Eyewitnesses further explained that the police and guards attacked the families from their gardens in Kisalanda, claiming that they had trespassed on company land.

“They came in a white land cruiser numbered UBF 417C owned by Great Seasons SMC. Handcuffed and arrested them from different localities. Baluma was beaten in the process. Police and guards were loudly saying that communities have no land and they should vacate it,” one of the locals said.

Great Season SMC is among the three multinational companies that have perpetrated violence and forcefully evicted natives off their land. The others are Kiryandongo sugar company and Agilis Partners limited.

It’s also important to note that so far two people, one is a Kiryandongo district lands officer and a land broker have been arrested and charged with three counts including fraud in connection to grabbing this very land from poor communities.

Since 2017 when the multinationals entered on this land, local communities have experienced unabated violence being perpetrated by companies’ agents (private security guards, and police officers attached to Kiryandongo district police) including, sexual and gender-based violence, illegal arrest and detention, torture, kidnap, demolition of houses, cutting down their food crops, and stealing their household properties among others.

The four are being held at Kimogola police post waiting to appear before the court.

 

waiting to appear before the court.

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Defending Land And Environmental Rights

Breaking: Mwanga II Court grants bail to two defenders and a Project Affected Person (PAP).

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By Witness Radio team

A Magistrate court sitting at Mwanga II road in Kampala has granted a cash bail to two community land rights defenders and a project-affected person after spending 24 and 21 days on remand respectively.

Defenders; Kabugo Michael and Kasozi Paul Ssengendo and a project-affected person, Charles Sserugo, were charged with conspiracy and obtaining money by pretense before being sent to Luzira prison.

Before being charged and remanded to prison, Kabugo and Kasozi, on several occasions, had been in and out of Old Kampala Police on orders of the Deputy Resident City Commissioner (D/RCC) in charge of Lubaga Division in Kampala Kampala.  RCC is a title given to the president’s representative at either district or division levels.

Both defenders have been mobilizing project affected community in Kawaala, Zone II, to resist forced evictions orchestrated by the Kampala Capital City Authority (KCCA) and demand justice for all project-affected persons. The project is implemented with funding from the World Bank.

KCCA acquired a loan of over USD 175 from the World Bank and the International Development Association (IDA) in 2015 for the second Kampala Institution and Infrastructure Development (KIIDP-2) project. Part of this money (USD 17.5 million, which is 63 billion Uganda shillings) is to construct the Lubigi Drainage Channel.

Before granting them bail, the court gave stringent conditions namely; each of the accused had to pay paid cash of two million Uganda Shillings (equivalent to 535.06 US Dollars); attend court whenever summoned; directed them not to leave the country; and keep off the prosecution’s investigations.

Section 309 of the Penal Code Act Cap. 120 states that the charge of conspiracy takes three (3) years imprisonment on conviction while the maximum sentence of obtaining money by pretense, according to Section 305 of the Penal Code Act Cap. 120, is a punishment of five years imprisonment on conviction.

His Worship, Byaruhanga Adam, relied on the submissions filed by the defense lawyers, which included presenting substantial sureties. Their sureties were conditioned with 50 Million Uganda Shillings (equivalent to 13,376.50 US Dollars) non-cash.

The Court will resume on the 4th of April 2023 at 10: 00 am East African standard time.

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Defending Land And Environmental Rights

The ruling of bail applications for the two community defenders and a project-affected person of Kawaala zone is happening today.

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By Witness Radio team.

Mwanga II Magistrate Court in Mengo, in Kampala is hearing bail applications for the two community land rights defenders and a project-affected person (PAP) of Kawaala zone II, in Rubaga division who have been on remand for 14 and 11 days respectively, this morning.

Mwanga II Grade I one Court charged the two community defenders, Mr. Kabugo Micheal and Kasozi Paul Ssengendo, and a project-affected person Mr. Sserugo Charles with conspiracy and obtaining money by pretense and remanded them to Luzira Government prison.

Mr. Kasozi and Sserugo were arrested on Wednesday, 15th February 2023, whereas Mr. Kabugo was arrested on Saturday 18th, 2023 in a morning raid.

Last week, the hearing of the bail applications that had been scheduled to take place on Wednesday, 22nd of February 2023 failed to take off due to the absence of the trial magistrate. Court said he (the trial magistrate) was nursing a sick person.

On the same day, all three appeared the second time before the Grade one Magistrate because the Magistrate His worship Byaruhanga Adam with jurisdiction to hear their case was attending to his sick mother.

According to their lawyers, they sought permission from the grade one magistrate to enter an oral bail application on record which he permitted but denied granting them bail. His Worship Magezi Amon said his Court does not have jurisdiction to grant bail to the accused and requested them to wait for a bail ruling when the trial magistrate returns. 

Section 309 of the Penal Code Act Cap. 120 states that the charge of conspiracy takes three (3) years imprisonment on conviction while the maximum sentence of obtaining money by pretense, according to Section 305 of the Penal Code Act Cap. 120, is a punishment of five years imprisonment on conviction.

The two defenders have been facing reprisals for leading their community to push back a forced eviction by a World Bank Project implemented by KCCA.

All the three who are expected to appear in Court today, are residents of Kawaala Zone II, Lubaga Division, Kampala district, an area Kampala Capital City Authority (KCCA) intended to forcefully evict locals and construct a drainage channel, a project funded by the Word bank.

KCCA acquired a loan of over USD 175 from the World Bank and the International Development Association (IDA) in 2015 for the second Kampala Institution and Infrastructure Development (KIIDP-2) project. However, part of the money (USD 17.5 million, which is 63 billion Uganda shillings) was meant for construct the Lubigi Drainage Channel.

His Worship Byaruhanga Adam is expected to return this morning, 1st March 2023, Wednesday to deliver the ruling of bail applications.

 

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Defending Land And Environmental Rights

A Court in Kiryandongo releases two community land rights defenders and eight farmers on bail.

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By Witness Radio team

The Magistrate Court in Kiryandongo District has granted bail to the two (2) community land rights defenders and eight (8) farmers of Nyamutende village, Kibeka Parish, Kiryandongo sub-county in Kiryandongo District who were charged with three counts of threatening violence.

All the ten accused were released on a non-cash bail of 500,000 UGX equivalent to 135.4 USD, while the sureties were conditioned with 2,000,000 Million Uganda shillings (541.6 USD) non-cash. The defense lawyers presented 12 sureties.

The two community defenders and eight farmers had spent 13 days on remand at Kigumba prison. On 8th February 2023, the District Police Commander (DPC) Muhangi Edson invaded homes in the wee hours and violently arrested two land rights defenders and ten farmers plus two minors. The minors were later released from Kiryandongo police cells.

Among the persons granted bail include Mulekwa David and Mulenga Jackson (community land rights defenders). At the same time, local farmers released are Kanunu Innocent, Musabe Steven, Munyankole Enock, Lokong Gabriel, Ntambala Geoffrey, Kagenyi Steven, Mukombozi Frank, and Kuzara Frank.

On 09th/02/2023, the ten (10) were charged by the Magistrate Court in Kiryandongo with three counts of threatening violence, and all entered a plea of not guilty. Threatening violence takes a punishment of four years imprisonment upon conviction.

The prosecution alleges that the victims on 01/02/2023 threatened to injure, assault, or kill Wakoko Robert, Kilenda David, and Kato Francis. The trio is a laborer of Somdium Limited, which is forcefully evicting locals off their land without compensation, and resettlement.

The prosecution led two other witnesses totaling five namely the investigative officer of Kiryandongo police Businge Patrick, and Balute Isaac, the Somdiam Company Limited manager.

Before the bail was granted, the prosecution first claimed that they were not served with documents of the sureties despite the defendants’ lawyers having proof. This forced the defendant’s lawyers to ask for leave of court to settle the matter.

The prosecution further told the Court, in their reply submission that the sureties were not substantial, asking for the court not to grant them bail.

The defendant’s lawyers submitted their rejoinder which was relied on by the magistrate to give the accused bail stating that the sureties are substantial and the case is bailable.

The imprisonment of the community defenders and farmers came after their continued resistance to leave their land which accommodates over 1000 homesteads.

According to information gathered by Witness Radio Uganda, Somdiam Company Limited was incorporated in Uganda in 2011 and deals in imports of assorted food commodities among these are rice, sugar, vegetable cooking oil, biscuits, salt, tomato paste, powdered milk, pasta & spaghetti and are well established with professional operations is interested in growing sugar canes in Kiryandongo district.

The Court was adjourned to the 21st of March 2023 at 9:00 am East African Standard time.

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