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Defending Land And Environmental Rights

Fresh violence in Kiryandongo as a project affected family head narrowly survived death

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By witnessradio.org Team

Kiryandongo – Uganda – families that lost their land to multinationals and currently trapped in the middle of the plantations have begun a year with fresh attacks from allegedly their evictors.

Batumbya Charles, 61, a resident of Kikungulu village, Kitwala parish in Kiryandongo district is the first victim of fresh violence since 2021 started.

Batumbya, a father of 15, whose land is in the middle of the sugarcane plantations owned by Kiryandongo Sugar Limited was attacked from his home on a previous Sunday at 8:00 PM by two unidentified plain-clothed men who were armed with pangas and batons.

Kiryandongo Sugar Limited together with Agilis Partners Limited and Great Season SMC Limited are forcefully and violently evicting more than 35,000 inhabitants to give way for agribusiness projects.

Since 2017 when the evictions started, communities have complained about acts of violence meted against them by multinational companies from sexual and gender-based violence against women, defilement, torture, beating, kidnap to illegal arrest and detention among others.

“I was at home alone after my wife traveled with all the children to my in-laws. In the evening I was inside my house and I heard the noise of someone who had fallen down. So, I rushed to open the door to check what was happening. As soon I opened the door, two men forced themselves into my house. I was arrested, pushed down and no sooner I fell down than the attackers started beating me” Narrated Batumbya.

Speaking from his hospital bed, Batumbya further said that in the process, he tried to defend himself but he got overpowered by the attackers and started cutting his body parts using a panga.

“I have since lost my four-finger of my right arm to the attackers and now nursing wounds,” said, Batumbya.

Families living in the middle of plantations said they are vulnerable to attacks from multinational companies as violence is the order of the day.

They accuse multinational companies of intimidation and forcing them to receive as little as Uganda Shillings 150,000 equivalent to US Dollar 40 as compensation and when one refuses, such conduct is deemed disrespectful by investors and attracts serious beating.

“We suspect investors are responsible for the attack of Batumbya since we are in the middle of the plantations. They have tried to evict us and we are resisting, no one else is torturing us apart from them”, said one Mesarch Kagina a resident of Kikungulu.

However, the newly deployed Kiryandongo District Police Commander, SP Odonga Tonny, pleased to work with all stakeholders including communities to end the violence.

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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