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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Hundreds of families affected by several dev’t projects in Kiryandongo turn up in big numbers as Masindi High Court attends to their cases filed in 2020.

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Some of the affected families turn up in big numbers at the Masindi High court for hearing of their cases.

By Witness Radio Team

Hundreds of families on Wednesday 20th and Thursday 21st gathered at the Masindi High Court for the first hearing of the human rights suits filed against multinational companies. The families from Jerusalem, Kisalanda, Kapapula, Nyamutende, Kikungulu, Canani, Kamisoni, and Kololo villages, amongst others in the Kiryandongo District all affected by large-scale agriculture operations of multinational companies. Kiryandongo sugar Company Limited, Agilis Partners Limited, and Great Seasons SMC limited are implicated in human rights violations. Communities accuse multinationals of forced evictions and committing gross human rights violations and abuses that deprived them of their rights to property, food, education, and a good living.

The High Court had set Wednesday 20th April 2022 for a hearing of Miscellaneous Cause No. 11 of 2020 filed against Agilis Partners Limited and Thursday 21st April 2022 for a Miscellaneous Cause No. 007 of 2020 filed against Great Seasons SMC limited, but both cases were adjourned to the 20th of May, this year as some respondents on the case were not in court.

For the case against Agilis Partners Limited and others, the attorney general chambers and former Kiryandongo district police commander during 2017 and thereabout Byaruhanga Patrick were not in court while, for the case against Great Season SMC Limited and others, former Kiryandongo Police Commander during 2019 and thereabout Bakaleke Joseph neither did he attend court.

Court heard from applicants lawyers led by Kiiza and Mugisha Advocates that all former police commanders of Kiryandongo district could not be traced or located and get served as the duo have since been transferred from their known places of work and were re-deployed elsewhere. However, Masindi High Court extended the time of service for two weeks from the dates both suits were heard and guided the applicants’ lawyers to look for police officers.

Uganda Police Force is being held responsible for aiding multinationals and participating in committing violence and human rights violations while carrying out force evictions of local communities

48-year-old Mukangwizi Grace, a mother of five that was evicted by Agilis Partners Limited, boarded a Boda Boda to travel over 70 km distance from Kisalanda to Masindi town, where the High Court sits. “All my property on my 6 acres were destroyed including gardens and houses by the Agilis men at a gunpoint. I was not even given chance to pick my belongings,” she said in an interview with Witness Radio before the court session.

Currently, Grace rents land in the nearby Gasper center where she owns a makeshift structure covered with a tarpaulin as a roof. She said she borrows money from the Maize buyers and rents one acre of land at 150,000 Uganda Shillings (about 42 USD) each season to plant maize that she sells to pay back the borrowed money and the rest is milled for flour.  This is the same for all evictees.

The land in question was settled on by two groups; the residents displaced by the northern war insurgency and those under the Nyamalebe Landless Association, who were also permitted to settle on the land by the government of Uganda through the Ministry of Lands, Housing, and Urban Development. But in 2017, their lives and dreams were shattered by the companies interested in large-scale commercial farming. Over 35,000 residents were evicted by the Kiryandongo-based multinationals with the assistance of state- agencies such as the police and the army.

The mother of five was one of those who braved the day to see the justice that they had long sought. “I needed to be in court to pin their abuses. These companies have disturbed us a lot. I had to borrow money from my relatives to cater for my transport. She was overwhelmed with happiness after the court started hearing their case and hopes for justice. We are only waiting for the court’s decision because these companies thought they are untouchables.” She said.

The Masindi High Court resident Judge, Justice Jesse Byaruhanga adjourned the two cases, to 20th May at 11 am. The victims’ lawyers said the Judge, for convenience and expeditious disposal of the matters, adjourned the two applications to the same date.

“We believe this time will be enough to serve the missing respondents though it has not been easier to trace these respondents.” Said Achak Carol Kay of M/s. Kiiza and Mugisha Advocates.

Mr. Wokulira Geoffrey Ssebaggala, on behalf of Witness Radio – Uganda which provides support to development-affected communities, said “we are happy that the court has finally allocated time to listen to the cries of poor local communities that have lost livelihood to ‘investors’. We want this to act as an example to other investors who do take the land of poor people for free and use violence as means to acquire land that your time is up”.

He said Ugandans deserve responsible investments that respect their land rights and bring real development.

Meanwhile Agilis Partners Limited continues to deny having forcefully evicted communities in the areas where they operate while the known contacts for Wycliffe Birungi, a lawyer for Great Season SMC Limited were switched off.

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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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