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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

A bail application for the 15 EACOP activists failed to take off, and they were remanded back to Prison.

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By Witness Radio team.

A bail application for the 15 EACOP activists from Kyambogo and Makerere University Business School (MUBS) Universities currently on remand on charges of common nuisance has failed to take off today.

Simon Peter Wafula, Gary Wettaka, Martin Sserwambala, Erick Ssekandi, Arafat Mawanda, Akram Katende, Dedo Sean Kevin, Noah Katiti, Oscar Nuwagaba, Oundo Hamphrance, Bernard Mutenyo, Nicholas Pele, Shadiah Nabukenya, Shafiq Kalyango, and Makose Mark, who were arrested in early this month (November) for their determined protest against the East African Crude Oil Pipeline (EACOP) in Kampala, Uganda’s capital.

They were marching to Uganda’s Parliament to meet the Speaker of Parliament and raise concerns about the East African Crude Oil Pipeline (EACOP) project, including the continued gross human rights violations/abuses, the significant threat it poses to the environment, and the criminalization of the mega project’s critics.

The EACOP project will transport crude oil from Uganda’s Albertine region to Tanzania’s Tanga seaport. The project has been criticized for delayed compensation for affected persons and secretive agreements.

However, the two accused, Wafula Simon and Kalyango Shafik, did not attend court. The prosecution informed the court that the duo was sick, suffering from red eyes, and currently being kept in an isolation room in the prison hospital. The absence of the two caused a setback to the defense lawyers’ bail application attempt.

On November 11, the accused were charged with common nuisance. Section 160 (1) of the Penal Code Act states that if convicted, anyone charged with common nuisance is liable to one-year imprisonment.

The prosecution alleges that on November 11, 2024, the accused gathered at Parliamentary Avenue, causing disruption and inconvenience by holding an unauthorized demonstration on the road while displaying placards and banners opposing the oil pipeline.

Grade One magistrate Sanula Nambozo adjourned the case until December 9, 2024, when the defense team is expected to present a bail application for the 15 activists.

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: 15 Anti-EACOP Activists have been charged with common nuisance and remanded to Luzira prison.

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By Witness Radio team.

A group of 15 anti-EACOP protesters from Kyambogo and Makerere University Business School (Mubs) Universities was arrested on Monday, 11th, for protesting against the East African Crude Oil Pipeline (EACOP) project. They have been arraigned before Buganda Road Chief Magistrates Court and charged with common nuisance.

Fourteen of them were students from Kyambogo University including Simon Peter Wafula, Gary Wettaka, Martin Sserwambala, Erick Ssekandi, Arafat Mawanda, Akram Katende, Dedo Sean Kevin, Noah Katiti, Oscar Nuwagaba, Oundo Hamphrance, Bernard Mutenyo, Nicholas Pele, Shadiah Nabukenya, Shafiq Kalyango, and Makose Mark from Makerere University Business School (MUBS). Grade one magistrate Sanula Nambozo remanded them.

Section 160 (1) of the Penal Code Act states that any person charged with common nuisance, once convicted, is liable to imprisonment for one year.

Police arrested them while marching toward Uganda’s Parliament to meet the Speaker of Parliament and raise concerns about the East African Crude Oil Pipeline (EACOP) project, including the gross human rights abuses and the significant threat it poses to the environment.

This case is part of ongoing protests against the $3.5 billion EACOP project, which will transport crude oil from Uganda’s Albertine region to Tanzania’s Tanga seaport. The project has faced criticism over delayed compensations for affected persons and secretive agreements. Despite a European Union resolution against the pipeline, President Yoweri Museveni has insisted it will proceed as planned.

The prosecution alleges that on November 11, 2024, the accused gathered at Parliamentary Avenue, causing disruption and inconvenience by holding an unauthorized demonstration on the road while displaying placards and banners opposing the oil pipeline.

The 15 activists have been remanded to Luzira Prison until November 26, when their lawyers could apply for bail.

 

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: 15 Anti-EACOP Activists Arrested in Kampala While Marching to Parliament

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By Witness Radio team

Kampala, Uganda – A group of 15 anti-EACOP protesters from Kyambogo University have been arrested in Kampala, Uganda’s capital by police while marching toward the Ugandan Parliament, Witness Radio has learned.

The activists, dressed in orange T-shirts bearing the slogan “No to Oil” and chanting “Stop EACOP,” were arrested by Police at Parliamentary Avenue at approximately 10 a.m. EAT this morning. They wanted to meet the Speaker of Parliament to raise concerns about the East African Crude Oil Pipeline (EACOP) project.

The protesters claim that the EACOP project has led to severe human rights abuses and poses a significant threat to the environment.

Their arrest comes just hours after the start of COP29 in Baku, Azerbaijan. The 29th Conference of the Parties (COP29), hosted by the Government of Azerbaijan, officially begins today, Monday, 11 November, and runs through Friday, 22 November 2024. It aims to build on previous achievements and set a foundation for future climate ambitions to address the global climate crisis.

Uganda, represented at COP29, hopes to use this opportunity to obtain funds for projects related to resilience and adaptation. However, campaigners contend that rather than speaking for Ugandans negatively impacted by climate change, the delegates will emphasize securing financing for environmentally damaging initiatives like EACOP.

Activists are being detained at the Central Police Station in Kampala.

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