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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

18 arrested in oil pipeline protests

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Police in Kampala yesterday arrested 18 individuals who were marching to the Energy Ministry to deliver their petition to Minister Ruth Nankabirwa, expressing their concerns over the planned construction of the East African Crude Oil Pipeline (Eacop).

The arrested individuals are part of the more than 50 students from various institutions under their umbrella body, Students against Eacop Uganda, and a section of Eacop Project Affected Persons (PAPs) who are opposed to the building of the pipeline.

Mr Luke Owoyesigyire, the Kampala Metropolitan Police deputy spokesperson, confirmed the arrests.

 “We are holding 18 people who had gathered or assembled unlawfully with the intent to march to the Ministry of Energy. They are currently being held at the Central Police Station in Kampala on charges of holding unlawful assembly,” he said.

Mr Owoyesigyire added: “We are aware that this is the same group that has been moving to the Chinese Embassy, last time they were moving to the Chinese company in charge of oil drills and this group is very resilient because every week, we arrest them. Like they are not tiring, even us we shall not tire to deploy our officers to arrest them and produce them in courts of law.”

Eacop is a 1,443km heated pipeline that will be constructed from Hoima in Uganda to Tanga in Tanzania to transport the crude oil that is expected to start being extracted next year.

It is being constructed by four partners; Total Energies owning 62 shares, China National Oil Company (Cnooc) [8 percent], Uganda National Oil Company, and Tanzania Petroleum Development Corporation owning 15 percent shares each.

 

Soldiers arrest some of the protesters in Kampala yesterday. 

Affected areas

In Uganda, it passes through 10 districts of Hoima, Kikube, Kakumiro, Kyankwanzi, Mubende, Gomba, Sembabule, Lwengo, and Kyotera, 27 Sub-counties, three Town Councils and 171 villages.

Before the arrest, the PAPs and student activists said the project had caused more suffering and posed more risks.

Mr Robert Pitua, one of the students and a PAP, said the project, despite coming with rosary statements, did not benefit them.

“We want to reach these people as a way of raising our concerns. Livelihood restoration programmes were insufficient, and now we cannot manage to restore the initial livelihoods we had. Most people are given unfair and inadequate compensation. They are using the old valuation rate and yet we are supposed to be using the current one,” he said.

Mr Bob Barigye one of the activists, said “Some people were given Shs260,000 as compensation in an acre of land, which payment is not clear since it was valued at an old rate. So we are here to express our concerns in a peaceful protest since we wrote letters and reports in vain.”

Mr Stephen Okwai, another PAP, said: “Currently most of us in western Uganda are being disturbed. You cannot know when the rain is going to start and when it will stop yet most of these people are farmers. The effect of this oil project is greatly impacted on the grassroots people.”

One of the protesters being dragged onto the police pickup truck.

What government says

According to their official website, Students against Eacop Uganda is an umbrella body of different student climate activists who are fighting to stop the pipeline construction because of what they call its devastating environmental impact.

These claims were, however, bashed by officials from Eacop Ltd, a firm responsible for the construction of the pipeline.

Mr John B Habumugisha, the deputy managing director of Eacop Ltd, said 99 percent of PAPs have fully been compensated.

“As of August 2024, a total of 9,831 out of 9,904 (99 percent) of PAPs in Tanzania and 3,549 out of 3,660 (97 percent) PAPs in Uganda have signed their compensation agreements. 9,827 out of 9,904 (99 percent) PAPs in Tanzania and 3,500 out of 3660 (96 percent) PAPs in Uganda have been paid. All 517 replacement houses, (177 in Uganda and 340 in Tanzania), have been constructed and handed over,” he said.

He added: “Land is accessed by the project only after compensation has been paid and the notice to vacate is issued and lapsed. Eligible PAPs are entitled to transitional food support and have access to livelihood restoration programmes.”

About pipeline

The 1443km pipeline from Hoima in Uganda to Tanga Port in Tanzania is expected to reach financial close this year, with the nearly $3 billion debt component of the project coming from Chinese lenders Exim Bank and Sinosure. The project is financed on a 60:40 percent debt-equity ratio. As at the end of April this year, the Eacop project progress in Uganda and Tanzania stood at 33 percent.

Source: Monitor

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: A missing community environmental defender was found dumped by the roadside.

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By Witness Radio team.

An environmental human rights defender abducted five days ago while in Kampala has been found abandoned on a roadside in Kyenjonjo district, Witness Radio has confirmed.

Speaking to Witness Radio, a member at the Environmental Governance Institute (EGI) revealed that Stephen Kwikiriza was discovered at around 8:30 pm yesterday, abandoned on the roadside in Kyenjojo District. He added that the defender was severely beaten and is currently receiving medical attention at one of the hospitals in the country.

“We learned from his wife, whom he called, that he had been dumped in Kyenjojo. She informed one of our colleagues. We, therefore, had to find a means of rescuing him. He, however, was badly beaten and is not in good health,” he added.

Stephen Kwikiriza, a member of the King Fisher Project Affected Community, also working with the EGI, was abducted in Kampala by plain-clothed men, believed to be from Uganda Peoples Defense forces (UPDF) on 4th of June 2024 Tuesday morning.

According to sources, upon his (Stephen) abduction, he managed to send a text message to one of his colleagues at the Environmental Governance Institute (EGI), a local organization supporting project-affected persons, which reported a missing person.

The Kingfisher project is an oil project in western Uganda on the shores of Lake Albert, developed by the Chinese company China National Offshore Oil Company (CNOOC), of which TotalEnergiesis the main shareholder. The project will extract oil and be transported by the East African Crude Oil Pipeline (EACOP).

According to a statement from the Stop EACOP Coalition members, Stephen had been receiving various threats from UPDF officers deployed in the Kingfisher area. The coalition members believe these threats are retaliation for being outspoken against human rights abuses and the threats to his community’s livelihood posed by the Kingfisher oil project.

His abduction comes barely a few weeks after the forceful arrests of the seven environment activists namely Barigye Bob, Katiiti Noah, Mwesigwa Newton, Byaruhanga Julius, Ndyamwesigwa Desire, Bintukwanga Raymond, and Jealousy Mugisha.

On May 27th, 2024, the seven were arbitrarily rounded up by armed police in Kampala outside the Chinese Embassy in Kampala, Uganda while delivering a protest letter to the Chinese Ambassador to Uganda calling for his government not to fund a disastrous project.

On June 8, 2024, over 115 international civil society organizations wrote a statement in response to Kwikiriza’s abduction calling upon the Ugandan authorities to ensure the immediate and unconditional release of Stephen Kwikiriza.

In the statement signed by Both Ends, Bank Track, and SOMO among others, they called on Ugandan authorities to cease all forms of harassment of civil society organizations and community members living in and speaking out on the EACOP Kingfisher project and all other related oil projects, including the Tilenga project, and guarantee in all circumstances that they can carry out their legitimate human

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Seven Environmental activists against EACOP have been charged and released on police bond.

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By Witness Radio team.

Jinja Road police have preferred a charge of unlawful assembly against the seven environmental activists brutally arrested on May 27th, 2024, by armed police in Kampala for protesting against the intended financing of the East African crude oil pipeline project (EACOP) by the Chinese gov’t.

Section 66 of the Penal Code Act Cap. 120, states that any person who takes part in an unlawful assembly commits a misdemeanor and is liable to imprisonment for one year upon conviction.

The seven include Barigye Bob, Katiiti Noah, Mwesigwa Newton, Byaruhanga Julius, Ndyamwesigwa Desire, Bintukwanga Raymond, and Jealousy Mugisha. The group got arrested outside the Chinese Embassy in Kampala, Uganda in an attempt to deliver a protest letter to the Chinese Ambassador to Uganda calling for his government not to fund a disastrous project.

On May 27th, seven protesters chose to sit outside the embassy, vowing not to leave until embassy officials received their protest letter, which contained grievances and demands. However, this did not happen. Instead, the police swung into action, brutally rounding up the protesters before throwing them into a police patrol and taken to Jinja Road police. The arrest occurred before any embassy officials had engaged with the protesters.

According to activists, the EACOP project has caused severe human rights violations, poses significant environmental risks, and will contribute to the climate crisis.

The EACOP is a project spanning 1,443km from Kabaale, Hoima district in Uganda to the Chongoleani Peninsula near Tanga Port in Tanzania. It aims to transport oil from Uganda’s Lake Albert oilfields to global markets via the port of Tanga.

According to Uganda’s State House website, President Yoweri Kaguta Museveni on Thursday, April 4th, 2024, received a letter from the President of the People’s Republic of China, His Excellency Xi Jinping, expressing his unwavering support for the East African Crude Oil Pipeline Project (EACOP).

“Your Excellency, I received your letter, and I am very happy to let you know that I am in full support of EACOP. I believe that it will enhance socio-economic development for the region. I am confident that with the strong cooperation between our nations, this project will be a success,” message President Museveni on his X platform read in part.

On Saturday last week, Civil Society Organizations advocating for energy just transition, climate and environmental conservatism, and land justice addressed the media and appealed to the Chinese President to drop his interest in funding the EACOP pipeline after several banks and insurance companies had abandoned the Total-led project.

The government of China has now joined the list of entities, including Total Energies, in funding the controversial and potentially disastrous project that has continued to criminalize those who speak about its negative impacts.

The seven activists will report back to Jinja Road police station on June 4th, 2024.

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