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Govt resurrects emotive Land Acquisition Bill.

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2 years ago

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photo credit: Daily Monitor

President Museveni and then Lands State Minister Aidah Nantaba in Kayunga in June 2021 where the President had gone to mediate a land dispute. The government is set to reintroduce the compulsory Land Acquisition Bill. 

The government is set to reintroduce the controversial Land Acquisition Bill that, among others, seeks to enable compulsory land acquisition for strategic government development projects.
The Bill is among the 62 proposed legislations presented by President Museveni during the State-of-the-Nation Address on Tuesday that are to be introduced by government to the 11th Parliament during its second session that started on June 7.

According to the Ministry of Lands, the object of the draft Bill is to allow the government to acquire land for timely implementation of public works and end years of prolonged acquisition processes that have in the past cost the country billions of shillings and hindered essential projects.
The idea of the government to take over even privately owned land for public works dates back to 2017, and has often raised a raging debate across the political divide that remains unsettled.
 READ: Mailo land tenure debate sparks storm

Govt reclaims Naguru estate land for own use

Buganda premier Charles Peter Mayiga vowed to oppose the new proposed land law that seeks to provide for compulsory acquisition of land for government development projects, warning that it is a ploy to grab people’s land.
“As Buganda Kingdom, we shall not allow any law on land that seeks to grab land from Kabaka’s subjects and undermine Kabaka’s authority over land. They [government] should stop provoking us,”Mr Mayiga told the Lukiiko (Buganda parliament).

The property law
Article 26(2) of the Constitution stipulates that: “No person shall be compulsorily deprived of property or any interest in right over property of any description except where taking possession is necessary for public use and, or, is made under the law after prompt payment of fair and adequate compensation.”
However, in 2017, the government tabled the controversial Constitution Amendment Bill, 2017 that sought, among other things,  to amend Article 26 of the Constitution to allow government “compulsory acquisition” of private land for national projects and deposit in court the compensation money it deems appropriate regardless of whether the owner consents to it or not.

In the same year, President Museveni, conducted a countrywide radio tour to face the people with the aim of softening the public to embrace the proposed amendments.
Many, however, remained unyielding.  At the time, most of the Cabinet ministers as well as NRM legislators remained silent on the matter.
But the attempts to amend Article 26, which safeguards private land until adequate and timely compensation is made, were rejected by the 10th Parliament, and the government retreated to re-strategise.

Mr Dennis Obbo, the spokesperson at the Ministry of Lands, yesterday told Daily Monitor that the draft document is with the Ministry of Justice for drafting of a new Bill, after consultations with stakeholders, across the country.
Without delving into the details of the new amendments to the proposed law, Mr Obbo said some changes have been made to ensure the processes are within the confines of the Supreme Law.
“It is important we do not delay capital investments, which has been the case. Government in the past has lost $27m (Shs101b) per year in servicing debts because of such acquisition delays. We have looked at a win-win situation, listen to the owner of the land but also make sure government does not lose out,” Mr Obbo said.
The new Bill will maintain the deposit of compensation money on an escrow account in case a land owner has reservations about the amount they are offered.

The compensation rates will be determined by government valuer, according to the Valuation Bill, 2022, another attendant legislation that seeks to harmonise the acquisition process.
The Land Acquisition Bill also established a tribunal, headed by a High Court Judge to handle any disputes. Such a complaint must be heard and decided on within 30 days, and an appeal in 45 days.
In case Parliament approves the controversial amendments, Mr Obbo reiterated that land owners will be given a notice, allowed six months to vacate the land in question, and the government will only take over the land after compensation, or settlement in case of disputes.

Other inclusions
The draft Bill, according to sources in the Attorney General’s chambers, will also provide for resettlement and relocation packages as opposed to compensation.
The government will also table the Land Act Amendment Bill, 2022 that seeks to address land issues including the rampant eviction of bibanja holders and reorganise the current land tenure systems.

A sub-committee of the Cabinet chaired by Deputy Prime minister, Gen Moses Ali, is currently studying the report by the Justice Catherine Bamugemereire Commission to inform major amendments to streamline the land business.
The Gen Ali committee is reported to be under strict instructions to come up with “incontrovertible amendments” that are needed to stop rampant illegal evictions in the country.
Government will also reintroduce the Health Insurance Bill that elapsed with the 10th Parliament. The legislation  seeks to provide universal healthcare to all Ugandans.

Bills govt will present for legislation in 2022/2023 

1. The Uganda Peoples’ Defence Forces Act (Amendment) Bill 2022
2. The Social Impact Assessment and Accountability Bill
3. Uganda National Kiswahili Council Bill
4. The Employment (Amendment) Bill
5. The Occupational Safety and Health (Amendment) Bill
6. The Workers Compensation (Amend) Bill
7. Labour Unions (Amendment) Bill
8. The Culture and Creative Bill
9. The Veterinary Practitioners Bill
10. Animal Diseases Amendment Bill
11. Companies (Amendment) Bill, 2022.

12. The Insolvency (Amendment) Bill, 2022.
13. The Law Revision (Miscellaneous Amendments) Bill, 2022.
14. Energy Efficiency and Conservation Bill
15. Amendment of Atomic Energy Act,2008
16. Building Substances Bill,2022
17. The National Health Insurance Scheme Bill,2019
18. The Food and Drug Authority Bill,2017
19. Health Professional Council’s Authority Bill,2016
20. The Museums and Monuments Bill 2022
21. The Nakivubo War Memorial Stadium (Amendment) Bill.
22. Business Technical Vocational Education and Training (Amendment) Bill

23. The National Teachers’ Bill.
24. The Physical Activity and Sports Bill
25. The Local Government (Amend) Bill
26. The Uganda Communication (Amendment) Bill
27. National Information Technology (Amendment)Bill
28. Engineers Registration (Amend) Bill.
29. Uganda Railways Corporation (Amendment) Bill
30. Land Acquisition Bill,2022
31. Valuation Bill,2022
32. Real Estates Bill,2022
33. Land Act (Amendment) Bill,2022

34. Anti-Terrorism (Amendment) Bill
35. Small Arms and Light Weapons Control Bill
36. The Explosives Bill.
37. Transitional Justice Bill
38. Microfinance Deposit Taking Institutions (Amendment) Bill,2020
39. Annual Macroeconomic and Fiscal Performance Report FY 2021/2022
40. National Budget Framework Paper for FY 2023/2024
41. Semi – Annual Budget Performance Report FY 2022/2023.
42. Semi – Annual Macroeconomic and Fiscal Performance Report FY2022/2023

43. Annual Budget Estimates FY 2023/2024
44. The Appropriation Bill FY 2023/2024
45. Treasury Memoranda FY 2023/2024
46. Corrigenda FY 2023/24
47. Income Tax (Amendment)Bill,2023
48. Excise Duty(Amendment)Bill,2023
49. The Value Added Tax (Amend) Bill, 2023
50. The Stamps Duty (Amendment) Bill, 2023
51. Traffic and Road Safety (Amendment)Bill, 2023
52. Lotteries and Gaming(Amendment)Bill,2023
53. The Tax Procedures Code (Amendment) Bill 2023
54. Tax Appeals Tribunal(Amendment)Bill,2023
55. The Finance (Amendment) Bill, 2023
56. Budget Speech for FY 2023/2024.

57.The Supplementary Appropriation Bill FY 2022/2023
58. The Uganda National Council of Science and Technology (Amendment) Bill
59. Competition Bill
60. Consumer Protection Bill
61. Legal Metrology Bill
62. Industrial and Scientific Metrology Bill

Source: Daily Monitor

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Forced Land Evictions in Uganda: Tenure and food insecurity on the rise…

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4 days ago

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November 20, 2024

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The scale of the issue, as revealed in Witness Radio’s recent report, is staggering and demands immediate attention: Over 5,000 hectares are targeted weekly by local and foreign investors, leading to the displacement of hundreds of Indigenous and local communities. This urgent situation threatens their food sovereignty and environmental stewardship, necessitating immediate and decisive action.

The forced land evictions are not just numbers; they are exacerbating inequality and directly undermining the efforts of local farmers to safeguard food systems and the environment.

Disturbing findings from the Daily Monitor: Uganda is grappling with a surge in malnutrition cases, with over 260,000 children suffering from acute malnutrition, as reported by UNICEF and WHO.

When evicted from their land, which is the source of livelihood, survival becomes very difficult, resulting in unwanted deaths, sicknesses, and poverty. These are not just statistics, but the harsh realities the affected communities face. It’s crucial to remember that there’s a human story of struggle and loss behind every statistic, and it’s these stories that should drive our actions.

Witness Radio’s recent report, which covered the first half of 2024, revealed that Ugandans face forced land evictions daily to give way to land-based investments, with 723 hectares of land at risk of being grabbed daily.

Furthermore, over 360,000 Ugandans were displaced, with a daily average of 2,160 people losing their livelihood. Land is targeted for oil and gas extraction, mining, agribusiness, and tree plantations for carbon offsets. While some investments have taken shape on the grabbed land, other pieces of grabbed land are still empty but under the guardship of military and private security firms.

The report pointed out that the leading causes of forced land evictions were the lack of legal documents for land ownership and transparent mechanisms to regulate an influx of “investors.” This lack of legal ownership is not just a symptom but the root cause of the problem, highlighting the urgent need for legal reform to protect the rights of Indigenous and local communities.

Since the Uganda government announced an industrial policy that commoditized its land to fight its unemployment, which will give Uganda a middle-income class status from a low-developed country, there has been an increase in forced land eviction cases. This policy shift, encouraging large-scale industrial projects, has raised questions about the government’s responsibility and accountability in these evictions.

Many investors fraudulently acquire communities’ land and do not conduct feasibility studies to establish whether the targeted land has interests. On many occasions, communities are not consulted about their land, and no compensation is offered.

According to the Lands Ministry’s 2016 annual report, about 23 percent of Uganda’s land is registered. The registration is mostly with freehold (where the land is owned outright), mailo (a form of land tenure in Buganda, a region in Uganda, customary tenure), and lease (where the land is leased for a specific period) tenure systems.

Go-betweens and blockers use this gap with support from some government officials to acquire land titles fraudulently and later evict bonafide land occupants (Indigenous and local communities) to give way for land-based investment.

Related posts:

Breaking: There has been an alarming Rise in Forced Land Evictions in Uganda; over 360,000 Ugandans were Displaced in the First Half of 2024. How land grabs are causing food insecurity: A case of a community land rights defender in Mubende district forced to buy food for a family of 13 people for the last five years. Land as a security issue: endless forced land evictions and impunity threaten Uganda’s peace, lawlessness on the rise. Kiryandongo leadership agree to partner with Witness Radio Uganda to end rampant forced land evictions in the district. Breaking; Lands Minister directs police chief to arrest armed mobs involved in forced and illegal land evictions.
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Appellate Division of the East African Court of Justice (EACJ) rejects the request to dismiss the EACOP appeal case.

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6 days ago

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November 18, 2024

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By Witness Radio team.

The Appellate Division of the East African Court of Justice (EACJ) has rejected a request by the Tanzanian government to dismiss an appeal filed by four East African civil society organizations (CSOs) seeking compliance with the East African Crude Oil Pipeline (EACOP) with regional and international human rights standards.

Tanzania’s Deputy Solicitor General, Mr. Mark Mulwambo, requested the judges dismiss the Appeal, arguing that the record of proceedings from the hearings held at the First Instance Division was missing. The record of proceedings includes the CSOs and respondents’ submissions. He added that, without it, the judges at the Appellate Division could not determine whether the First Instance Court erred in the ruling that they made.

However, the court could not grant his request. Instead, it ordered the four CSOs that filed the Appeal to file supplementary information so that the judges could hear the case.

The Appeal will be heard by a panel of judges from the Appellate Division of the EACJ, including Justice Nestor Kayobera, the division’s president; Justice Anita Mugeni, the Vice President; Justice Kathurima M’Inot; Justice Cheboriona Barishaki; and Justice Omar Othman Makungu. These judges, with their expertise in regional and international law, will review the Appeal and make a final decision.

The Appeal was filed by four CSOs, including the Africa Institute for Energy Governance (AFIEGO) from Uganda, the Centre for Food and Adequate Living Rights (CEFROHT) from Uganda, the Natural Justice (NJ) from Kenya, and the Centre for Strategic Litigation (CSL) from Tanzania, in December 2023. This was in response to the dismissal of their case, which sought compliance with the East African Crude Oil Pipeline (EACOP) with regional and international human rights standards, by judges at the First Instance Division of the EACJ in November 2023.

During the dismissal, the court ruled that the applicants filed the petition out of time, stating that the petitioners should have filed the petition as early as 2017 instead of 2020. The court also ruled that it did not have jurisdiction to hear the case, meaning it did not have the legal authority to decide on this matter. These decisions were based on legal precedents and the specific circumstances of the case.

The CSOs were ordered to file the record of proceedings by Justice Nestor Kayobera by November 29, 2024.

The court session was attended by EACOP-affected communities from both Uganda and Tanzania. Among them was Mr. Gozanga Kyakulubya, an affected person from Kyotera District in Southern Uganda, who traveled to Arusha to participate in the hearing. His personal story underscores the profound impact of the EACOP on the lives of these communities.

He shared his grievance, stating, “I came to the court because I have a lot of pain. My land was taken for the EACOP, and before I was paid, it was fenced off. The government of Uganda also sued me because I rejected the low compensation offered by EACOP. We need at least one court to be fair to EACOP host communities, and we hope the East African Court of Justice will be that court.”

The EACOP has been designed, constructed, financed, and operated through a dedicated Pipeline Company with the same name. The shareholders in EACOP are affiliates of the three upstream joint venture partners: the Uganda National Oil Company (8%), TotalEnergies E&P Uganda (62%), and CNOOC Uganda Ltd (15%), together with the Tanzania Petroleum Development Corporation (15%).

The 1,443km pipeline will eventually transport Uganda’s crude oil from Kabaale—Hoima to the Chongoleani peninsula near Tanga Port in Tanzania.

Climate activists and civil society organizations, however, continue to oppose the project, claiming that it will harm several fragile and protected habitats irreversibly and violate key agreements and treaties.

The potential environmental damage is a cause for concern among these groups.

Related posts:

Appellate Division of the East African Court of Justice (EACJ) to hear an Appeal filed by CSOs which seeks to reinstate a petition against the construction of the EACOP project tomorrow. EACJ’s Appellate Court will hear an appeal on the dismissed Case against EACOP development. The Appellate East African Court of Justice sets timelines for hearing an appeal against the construction of the EACOP. East African Court of Justice is to decide whether it has jurisdiction to try the EACOP case filed by Four East African NGOs today. The East Africa regional court dismisses a case challenging the construction of the EACOP project.
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Big oil firms knew of dire effects of fossil fuels as early as 1950s, memos show

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6 days ago

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November 18, 2024

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Newly unearthed documents contain warning from head of Air Pollution Foundation, founded in 1953 by oil interests.

Major oil companies, including Shell and precursors to energy giants Chevron, ExxonMobil and BP, were alerted about the planet-warming effects of fossil fuels as early as 1954, newly unearthed documents show.

The warning, from the head of an industry-created group known as the Air Pollution Foundation, was revealed by Climate Investigations Center and published Tuesday by the climate website DeSmog. It represents what may be the earliest instance of big oil being informed of the potentially dire consequences of its products.

“Every time there’s a push for climate action, [we see] fossil fuel companies downplay and deny the harms of burning fossil fuels,” said Rebecca John, a researcher at the Climate Investigations Center who uncovered the historic memos. “Now we have evidence they were doing this way back in the 50s during these really early attempts to crack down on sources of pollution.”

The Air Pollution Foundation was founded in 1953 by oil interests in response to public outcry over smog that was blanketing Los Angeles county.

Researchers had identified hydrocarbon pollution from fossil fuel sources such as cars and refineries as a primary culprit and Los Angeles officials had begun to proposal pollution controls.

The Air Pollution Foundation, which was primarily funded by the lobbying organization Western States Petroleum Association, publicly claimed to want to help solve the smog crisis, but was set up in large part to counter efforts at regulation, the new memos indicate.

It’s a commonly used tactic today, said Geoffrey Supran, an expert in climate disinformation at the University of Miami.

Fire emanating from a factory chimney
A gas flare from the Shell Chemical LP petroleum refinery burns against the sky in Louisiana. Photograph: Drew Angerer/Getty Images

“The Air Pollution Foundation appears to be one of the earliest and most brazen efforts by the oil industry to prop up a … front group to exaggerate scientific uncertainty to defend business as usual,” Supran said. “It helped lay the strategic and organizational groundwork for big oil’s decades of climate denial and delay.”

Then called the Western Oil and Gas Association, the lobbying group provided $1.3m to the group in the 1950s – the equivalent of $14m today – to the Air Pollution Foundation. That funding came from member companies including Shell and firms later bought by or merged with ExxonMobil, BP, Chevron, Sunoco and ConocoPhillips, as well as southern California utility SoCalGas.

The Air Pollution Foundation recruited the respected chemical engineer Lauren B Hitchcock to serve as its president. And in 1954, the organization – which until then was arguing that households incinerating waste in backyards was to blame – asked Caltech to submit a proposal to determine the main source of smog.

In November 1954, Caltech submitted its proposal, which included crucial warnings about the coal, oil, and gas and said that “a changing concentration of CO2 in the atmosphere with reference to climate” may “ultimately prove of considerable significance to civilization”, a memo previously uncovered by John shows. The newly uncovered documents show the Air Pollution Foundation shared the warning with the Western Oil and Gas Association’s members in March 1955.

In the mid-1950s, climate researchers were beginning to understand the planet-heating impact of fossil fuels, and to discuss their emergent research in the media. But the newly uncovered Air Pollution Foundation memo represents the earliest known cautionary message to the oil industry about the greenhouse effect.

The Air Pollution Foundation’s board of trustees, including representatives from SoCalGas and Union Oil, which was later acquired by Chevron, approved funding for the Caltech project. In the following months, foundation president Hitchcock advocated for pollution controls on oil refineries and then testified in favor of state-funded pollution research in the California Senate.

Hitchcock was reprimanded by industry leaders for these efforts. In an April 1955 meeting, the Western Oil and Gas Association told him he was drawing too much “attention” to refinery pollution and conducting “too broad a program” of research. The Air Pollution Foundation was meant to be “protective” of the industry and should publish “findings which would be accepted as unbiased”, meeting minutes uncovered by John show.

After this meeting, the foundation made no further reference to the potential climate impact of fossil fuels, publications reviewed by DeSmog suggest.

“The fossil fuel industry is often seen as having followed in the footsteps of the tobacco industry’s playbook for denying science and blocking regulation,” said Supran. “But these documents suggest that big oil has been running public affairs campaigns to downplay the dangers of its products just as long as big tobacco, starting with air pollution in the early-to-mid-1950s.”

In the following months, many of the foundation’s research projects were scaled back or designed to be conducted in direct partnerships with lobbying groups. Hitchcock resigned as president in 1956.

Last year, the largest county in Oregon sued the Western States Petroleum Association for allegedly sowing doubt about the climate crisis despite longstanding knowledge of it.

DeSmog and the Climate Investigations Center previously found that the Air Pollution Foundation underwrote the earliest studies on CO2 conducted in 1955 and 1956 by renowned climate scientist Charles David Keeling, paving the way for his groundbreaking “Keeling Curve,” which charts how fossil fuels cause an increase in atmospheric carbon dioxide.

Other earlier investigations have found that major fossil companies spent decades conducting their own research into the consequences of burning coal, oil and gas. One 2023 study found that Exxon scientists made “breathtakingly” accurate predictions of global heating in the 1970s and 1980s, only to then spend decades sowing doubt about climate science.

The newly unearthed documents come from the Caltech archives, the US National Archives, the University of California at San Diego, the State University of New York Buffalo archives and Los Angeles newspapers from the 1950s.

The Western States Petroleum Association and the American Petroleum Institute, the top US fossil fuels lobby group, did not respond to requests for comment.

Origin Source: The Guardian

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