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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

How politically connected individuals abuse their powers to grab land from poor communities; a case of a Ugandan presidential aide

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Mrs. Grace Majoro Kabayo, (standing in the middle) in a meeting that was blocked by residents.

By witnessradio.org Team

As the demand for land for land based investments soars, the middleman’s role in the unlawful land transactions between investors and government agencies remains crucial in the broader scheme. The middleman business has become a lucrative venture in Uganda; more people are being recruited into it. For a public servant with access to vital information from land registries, the business is a goldmine. Middlemen are grabbing land for investors.

From the stage of land grabbing to investing, middlemen resort to the use of violence orchestrated by both police and other security agencies; at this point, high levels of impunity are exhibited, land rights defenders and land owners who demand for justice are then arrested for non-existent offences.

Witness Radio – Uganda records show that a reasonable percentage of grabbed land from poor communities in the country have for instance remained undeveloped.

In Mubende District, Central Uganda, residents accuse Mrs. Grace Majoro Kabayo a Senior Presidential Advisor for using her position to fraudulently acquire their land using police and officials from the Ministry of Lands. Ironically, Kabayo advises the President of Uganda on Pan-Africanism, and doubles as the Executive Secretary of the Pan African Women Organization’s PAWO Eastern Africa chapter, where she oversees the organization’s day-to-day activities.

Mubende District according to Witness Radio – Uganda figures, is ranked as one of the districts with the highest incidents of forced and illegal evictions and has registered with more than five cases since the year 2021 started.

Mubende District is bordered by Kyankwanzi District to the north, Kiboga District, Kassanda to the northeast and Mityana District to the east. Gomba district and Sembabule District lie to the south, whereas Kyegegwa District to the southwest and Kibaale District to the northwest.

Mrs. Kabayo with her political influence is allegedly using survey and boundary opening tactics to grab 625 Ha of land for thousands of inhabitants, which she has never lived on or owned.

According to locals, this is not the first time for the presidential advisor to engage into land grabbing, in 2017 while accompanied by the police in Mubende, she forcefully surveyed and grabbed 20 square miles and now wants to expand.

It is anticipated if Kabayo succeeds with the land grab, more than 5000 people on five villages comprising Kattambogo A, Kattambogo B, Rwobushumi, Rwonkubi and Nyaruteete, in Kigando-Buwekula Sub County in Mubende district, will lose their livelihood.

A letter dated 29th March, 2021, signed by the Permanent Secretary, Ministry of Lands, Housing and Urban Development, Mrs. Docus Okalanyi which Witness Radio – Uganda obtained a copy, okayed the move by the president’s advisor to open boundaries on land located at block 379 and all adjacent blocks which include: 378, 380 and 381 a process which the residents opposed.

Without any prior notice to the residents, Kabayo accompanied by the officers from Ministry of Lands, State House officials, and security personnel for the Uganda Peoples’ Defence Forces (UPDF) and Uganda Police had planned to conduct a rally at Nyarutete, one of the 5 villages, but was blocked by the angry residents.

Mr. Ruzhoga Laurent, 53, a resident of the village from birth, said, they have been facing threats of forced evictions for the last three years by Kaboyo. He asserted that his family would not leave the land for an imposter. Ruzhoga added that he would only leave as a corpse.

Jordan Byakatonda, an area land committee, chairperson said, the land targeted is public land with people on living on it.

He said, any person who wishes to get a leasehold on public land must first show his or her interest in the land before picking application Form 8 from the District Land Office or Area Land Committee, fill it, and attach 4 passport photos. He stated that the area land committee’s mandate involves receiving applications and issuing notices for public hearings concerning land ownership using Form 10, Byakatonda observed that Kaboyo had not engaged the committee during the process.

Information Sources from Mubende district preferring anonymity for security reasons accused some government officials of manipulating the stated legal procedures and guidelines. “Everything is coming from the center (ministry) instead of starting from an area where the land is located”, said the source.

“The first time we saw her, she was grabbing land and now she has come back to take ours. When she was asked by the land probe committee headed by Justice Catherine Bamugemereire why she had surveyed the land forcibly, she replied that she never surveyed any land and did not know those people,” another villager who preferred anonymity said.

According to guidelines of Ministry of Lands, Housing and Urban Development Planning Act, 2010 and Land Act, Cap 227, state that;

Any applicant for a leasehold on the public land must have in his/her possession fully completed form 4,10,19 23, a set of 3 authentic deed plans, 3 passport photographs, receipts of payment and a forwarding letter requesting for a freehold title signed by the District Land officer of the respective district where the land is located.

Step 2

The applicant presents the full set of original documents in duplicate and a photocopy of the same to the department of land administration for checking.

The photocopy is stamped received and returned to the applicant. The applicant checks with the department of land administration after 10 working days to confirm their approval or rejection.

Step 3

Once approved the documents are forwarded to the department of the land registration for issuance of a freehold land title. The applicant checks after 20 working days.

Step 4

The applicant presents the photocopy given to him/her by the department of land administration stamped, received and identification documents on collecting the freehold Title. The applicant signs for the title and the photocopy is stamped returned on completion.

Documents required include; Deed plans, set of passport photographs, general receipts of payment and a requesting letter. Fees paid at the ministry. Registration fees-10,000#, Assurance of the title- 20,000#, issuance of the title-20,000#.

The preliminary steps that involve the Area Land Committee were not complied with by Mrs. Grace Majoro Kabayo as she acquired land that accommodates thousands of people.

DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Mityana district police rounded up and arbitrarily arrested over 50 Kikuube PAPs to block them from meeting Uganda’s Prime Minister.

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By Witness Radio team

Two (2) community land rights defenders and 68 projects-affected persons from Kikuube district including children have been rounded up and arrested by Mityana district Police, Witness Radio has learned.

The community group led by Fred Mbambali and Ahumuza Busingye, were arrested from City Healing Church in Mityana Municipality, Mityana district. They were arrested on the orders of Mityana District Police Commander, Mr. Hasunira Ahmed, without being informed of the reasons for the arrest.

To seek justice and reclaim their grabbed land, the community decided to journey from the Kikuube district on Saturday, 2nd March 2024. Their objective was to petition Uganda’s Prime Minister, Rt. Hon. Robinah Nabanja, to intervene in grievances concerning forced evictions from their land and their unsuccessful attempts to regain ownership of their land that was grabbed by the officials of the Prime minister’s office for Kyangwali resettlement camp.

“On Friday, we departed from Kikuube district to Kakumiro intending to meet the Prime Minister. We aimed to convey the challenges we are facing following the unlawful seizure of our land. We sought her intervention to help us regain ownership, especially since many offices that were approached have not helped end our misery. Unfortunately, upon our arrival, we discovered she was in preparations to leave her residence. Instead, she instructed her private security team to escort us to her party’s offices (National Resistance Movement, NRM) in the Kakumiro district, assuring us that she would meet with us there. But she did not come back.” Mr. Mbambali Fred, one of the group leaders told Witness Radio.

Little did the affected community members know that their stay at the offices would be short-lived. Initially, they were welcomed by the security officers at the party offices, but their situation took a turn when the District security committee of Kakumiro led by the Resident District Commissioner (RDC), Mr. Matovu David and the District Police Commander (DPC) in the area Mr. Niyonzima Morris visited and questioned them about the reasons for their visit.

Subsequently, PAPs explained that they had been directed to wait at the offices by the Prime Minister. Despite their explanation, the Committee was skeptical and held an emergency meeting to resolve that Kikuube PAPs should leave the premises. The committee stated that the issue raised was not within the mandate of the Kakumiro district and thereafter, were asked to relocate to a different location, not within Kakumiro.

The stern Kakumiro district leaders directed the group to depart and proceed to the Office of the Prime Minister in Kampala for their meeting with her.

Shortly after being chased, they proceeded to Kampala via Mityana road, but PAPs sought to rest at one of the churches in the Mityana district. As soon as they occupied the church, Mityana district raided the premises, arrested all of them, and took them to Mityana Central Police Station, claiming that PAPs were posing a threat to the community.

“We were rounded up and arrested without being given any opportunity to explain ourselves. They didn’t even inform us of the reason for our arrest. We were kept at the police for nearly 12 hours without food. Both children and elders were starving, and the children even reached the point of crying because we were not allowed to move. It’s a double punishment to us because we haven’t committed any offense,” Ahumuza Busingye, another defender, told Witness Radio.

They were cautioned and later released without charges.

The Mityana District Police Commander, Mr. Hasunira Ahmed confirmed the arrest, stating that people neighboring the church had lodged complaints with the police about unknown individuals with a large amount of luggage occupying their premises. This led the police to arrest them.

“We received complaints about these individuals occupying a particular church, which posed a potential threat because they hadn’t obtained permission to stay there and didn’t possess a letter authorizing their movement to their destination. That’s why we intervened with an arrest, as many of them looked like rebels,” stated the Mityana District Police Commander.

PAPs arrested are part of the larger group of over 90,000 people evicted between 2013 and 2019 in 29 villagers by the office of the Prime minister (OPM) to give their land to the refugees in Katikala and Bukinda in Kyangwali district.

The community was evicted by officials led by Charles Bafaki from the Office of the Prime Minister, accompanied by the police and Uganda People Defence Forces (UPDF), from their land measuring 36 square kilometers located in various villages, including Bukinda A and B, Bukinda 2, Kavule, Bwizibwera A and B, Kyeya A and B, Nyaruhanga, Kabirizi, Nyamigisa A and B, and Katoma, all in Kyangwali sub-county for the Kyangwali refugee resettlement camp.

Despite receiving various directives, including two from the President, instructing the Office of the Prime Minister (OPM) officials to facilitate the return of the residents to their land, they have chosen to turn a deaf ear and disregard the implementation of these directives.

In 2016 and 2018, President Yoweri Kaguta Museveni issued directives to resettle PAPs back to their ancestral land, but unfortunately, these directives remained unimplemented.

In 2021, Prime Minister Robinah Nabbanja visited the victims and promised action, which, as of the time of writing this article, it’s yet to be realized.

On March 1, 2022, Minister of Relief, Disaster Preparedness, and Refugees, Mr. Hilary Onek, accused the victims of encroaching on government land. He also criticized local leaders and officials for potential involvement in stage-managed evictions.

In 2022, approximately 1,000 of the evictees camped at the office of the Kikuube Resident District Commissioner, Amlan Tumusiime, demanding his intervention to help them return to their land. Unfortunately, this intervention did not materialize. Some of the evictees sought shelter in temporary shelters provided by Florence Natumanya, the Kikuube Woman MP, and Francis Kazini, the Buhaguzi Member of Parliament, while others continued to search for livelihoods in other parts of the country.

“People are suffering immensely, and we are witnessing deaths without having a proper place to bury our loved ones. No one is coming to our rescue, and it’s heartbreaking to see our children deprived of education, as they are the future of tomorrow,” expressed the community members in an interview with Witness Radio.

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: A community land rights defender in the Kiryandongo district is charged with assault and released on a cash bail.

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By Witness Radio team.

Magistrate Court sitting in Kiryandongo district has released a community land rights defender on a cash bail. He was arbitrarily arrested, and detained Thursday, February 29th, 2024, for attempting to open a criminal case against Great Seasons SMC Limited workers for erasing his 3 acres of land with ready-to-harvest cash crops.

Mwawula Fred’s release came after spending five (5) days in detention. Mr. Mwawula is a community land rights defender based in Kisalanda village, Mutunda parish, Kiryandongo district help to mobilize communities to resist forced land grabbing by multinational companies in Kiryandongo district.

The prosecution alleges that Mwawula assaulted workers of the Great Seasons SMC Company Limited who were in his garden.

The Penal Code Act, Cap 120, states that any person who commits an assault occasioning actual bodily harm commits a misdemeanor and is liable to imprisonment for five years on conviction.

On February 22nd, 2024, Witness Radio ran an article about four Great Seasons SMC Limited Company workers with a numberless tractor who had invaded and erased Mwawula’s garden with crops ready for harvest such as maize, green pepper, and tomatoes in Kisalanda village.

When he (Mwawula) went to Kiryandongo Central Police Station to open up criminal cases against the company, he was instead arbitrarily arrested, detained by local police, and preferred an assault charge before appearing before the court.

While granting the defender bail, Her Worship Amweno Hellen released Mr. Mwawula on a cash bail of 700,000 Ugx (Equivalent to 178.47 USD) while the sureties conditioned a non-cash bail.

The defender will report back to Court on the 13th/March/ 2024.

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: A community land rights defender in Kiryandongo, who was arrested for attempting to open a case against company workers at Kiryandongo Central police for erasing his garden, is facing assault charges.

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By Witness Radio team.

Kiryandongo Central police have preferred an assault charge against a community land rights defender who was arbitrarily arrested and detained Thursday, February 29th, 2024, for attempting to open a criminal charge against workers of Great Seasons SMC Limited.

On February 22nd, 2024, four Great Seasons SMC Limited Company workers with a tractor invaded and erased Mr. Mwawula Fred’s garden with crops ready for harvest such as maize, green pepper, and tomatoes. The workers used a numberless company tractor to destroy the defender’s 3 acres of crops.

According to the police charge sheet, Mwawula allegedly assaulted workers of the Great Seasons SMC Company Limited who were in his garden.

Defender’s lawyers said Mwawula bravely tried to intervene to stop the destruction of his crops by company workers, but they (workers) callously persisted with their destructive actions, disregarding the defender’s pleas.

The lawyers also stated that company workers made off with sacks full of maize belonging to their client.

The Penal Code Act, Cap 120, states that any person who commits an assault occasioning actual bodily harm commits a misdemeanor and is liable to imprisonment for five years on conviction.

Mwawula, on several occasions, has been in and out of prison on several charges over eight times for mobilizing local communities to resist land grabbing and forceful evictions by multinational companies in the Kiryandongo district. However, the court has dismissed all of them for want of prosecution.

Frequently, the gardens belonging to smallholder farmers, activists, and defenders have been targeted and vandalized by Great Seasons SMC Company Limited, demanding that the local community should vacate what the company asserts as its land. In a distressing incident last December 2023, many defenders’ gardens were set ablaze by workers of the company, resulting in a prolonged famine within projected affected families.

The defender is yet to be produced in court to answer to assault charges.

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