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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

In memory of land and investment women victims in Uganda on the International Women’s Day 2021

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Good dreams shattered as forced land evictions breed child marriages in Hoima districts…

By witnessradio.org Team

Atimago Prisca, at the age of 11 years, was among the many children that lost their dreams of a good life when her families and the entire Rwemutonga village were invaded by anti-riot police and other security agencies and got evicted on orders of a rich man.

The evictor was Joshua Tibagwa who grabbed land to be used by an American company, McAlester Energy Resources, from Texas as a petroleum wastewater facility.

Uganda discovered commercially viable oil deposits in the Albertine Graben region in 2006. Uganda has approximately 6.5 billion barrels of oil reserves, with at least 1.4 billion estimated to be economically recoverable. In addition to producing and exporting crude oil, Uganda plans to build a refinery to produce petroleum products for the domestic and EAC markets. However, many citizens continue to ask whether oil discovery is a curse or a blessing…?

The 1000 villagers on a fateful day woke up to screaming, a hail of live bullets and teargas followed by the setting of fire onto people’s homes and looting of properties. Families fled to the nearby bush because armed personnel was threatening to kill whoever would resist vacating the land.

“Before we heard one of our neighbors screaming out loud that, please forgive me, do not burn my house, now where do you want me to go, please have mercy. At first, we thought that they were being attacked by thieves. Shortly, in less than 10 minutes, a group of more than 10 armed policemen to our home and asked us what we were still waiting for, my mum replied to them that this is our land. They ordered us to immediately leave. Our father too tried to resist but one of the armed men told him that he would be killed if we don’t leave our home” Said Atimago.

Atimago, now a single mother of one at the age of 17 years, dropped out of school on a day of forceful eviction since her parents were rendered financially weak to meet the basic needs of 10 children.

Atimago who wanted to become a midwife narrated that after surviving a deadly land eviction, a well-wisher identified as Atien Oketch offered a 40×40 piece of land where they camped as a community and built some temporary structures and life became very hard.

“You imagine a family of 10 to sleep in that small structure, it was terrible that we could not manage the situation, some of us decided to get married. “At the age of 13, I decided to go for marriage since we had nowhere to sleep, nothing to eat, and no privacy, and I hoped that marriage would give me peace but that did not come” added Atimago.

She further explained that her marriage did not last long since his husband was not caring.

“After getting pregnant he told me to leave that he had nothing to do with me. He used to beat me which forced me to leave our home to a friend’s. Up to this time, he does not offer any help which forced me to stay with my parents,” she added.

Atimago’s story is not different from over 40 young girls in Rwamutonga who lost their education because of evictions in 2014 and they have since married been off.

“We were not even served with eviction notices, we didn’t know that we were going to be evicted, and police just came with four trucks full of police officers. They started firing bullets in the air and tear gas. Police together with the deputy RDC [Ambrose Mwesigye] burnt down houses, destroyed our properties, and even looted some,” some residents claimed.

 In an interview with Nelson Atich, Bugambe sub-county Councilor and representative of the evictees, he said the eviction was an advantage to the Boda Boda men who opted to marry these girls since many did not have wives.

“Of the over 1000 people, 700 were children and 60% were girls who could not tolerate this situation. For three years we were staying in a camp which is a deadly scenario for the girl child. What is annoying is that most of them after being used or impregnated were dumped,” he said.

However, after the eviction, the victim community ran to court and in 2015, Masindi high court ruled in their favor that the eviction was illegal. “The Eviction was unlawful and should not have happened in the first place because at the time of the execution of the warrant of vacant possession, there was an ongoing suit to determine true ownership of the land,” ruled Justice Simon Byabakama.

Whereas in 2017, the evictees were resettled back to their original land, but the lost dreams of a good future will never be recovered as the court did not consider awarding them for such damages.

DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Buvuma Palm Oil Tree Growing: more community land rights defenders are getting targeted, facing judicial harassment, and others are jailed on trumped charges.

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By Witness Radio team.

Majjo, a farming village in Buvuma District, is approximately 180 kilometers from Uganda’s capital, Kampala. Situated near Kitamilo, the district headquarters, the villagers lived in peace until the introduction of oil palm plantations around 2015. Since then, the communities have faced increasing unrest.

The push for the palm oil project expansion has emboldened land spectators and oil palm brokers to seize more land from neighboring communities. Those who resist often face harsh consequences, as they are criminalized by these influential individuals behind the land grab. These individuals, well-connected and shielded from accountability, use their power to suppress any opposition to their land acquisition activities.

At 8 am EAT on Thursday, February 20, 2025, community land rights defender Mr. Ssentongo Livingstone, dressed in a blue shirt, brown trousers, and worn-out black shoes, was heading to the Grade One Magistrate Court in Buvuma for his court hearing. Ssentongo has become a committed advocate for land rights in his community, enduring oppression while continuously mobilizing his fellow villagers to resist the land grabs associated with the expansion of oil palm plantations.

I had hoped to interview him that morning about the growing criminalization of those opposing the palm oil plantations in Buvuma. Still, it was impossible as he was in a hurry to attend court. He said, “I am rushing to court now. I have to attend a court hearing, but I will talk to you later, probably after the court session.” When I asked about the case, he explained that he faced several criminal charges, including trespassing and others. This prompted me to follow him and observe the court proceedings.

The journey to court was short, taking only about twenty minutes on foot. As we walked, Ssentongo angrily remarked, “Is it because I am closer to the court, police, and prison that I am treated this way?” He speculated that the land grabbers might be using this opportunity to repeatedly target and arrest him.

Along the way, I accompanied him and his lawyer in solidarity. Ssentongo was also joined by fellow community members in Majjo and Bukula villages who, like him, are facing similar criminal charges from the Buvuma cartel of land grabbers, though today, it was Ssentongo’s turn. The community members expressed their frustration and disbelief at the repeated targeting of their fellow villagers.

Ssentongo, in court, was represented by his lawyer, Adongo Sarah, from Witness Radio Legal Clinic, a Witness Radio – Uganda department. The hearing started at precisely 9 am. Before his Worship, Johnson Talemwa began with a case concerning carrying out prohibited activities in the forest reserve.  The prosecution alleged that the defender cut, burnt, or destroyed flora in the forest reserve, growing trees and other growing shrubs without a license in the Kirigye local forest reserve.

During the court hearing, the defense was expected to present a witness to support the claim that Ssentongo was a legal occupant of the land, which is being called a forest reserve. However, the defense counsel pointed out discrepancies in the case, noting that the accused was being tried twice by the same court, with the same complainant, for the exact charges.

“My Lord, my client is being tried on the same case twice by the same complainant; this is not right. I pray that your court looks through this matter for further indulgence.” Counsel Adongo revealed.

His Worship, in response, requested Counsel Adongo file her submission with proof that her client was being tried twice on the same case and thereafter adjourned the case to March 13, 2025, for a ruling.

Thinking that we were done with the day’s court appearance, as the case we had come for had been adjourned, we were shocked to see a second file related to Mr. Ssentongo was called. Now, this was a criminal trespass case before Magistrate Court. In this case, Buvuma College School, the complainant, accused Ssentongo of illegally occupying the same land, which the District claimed is part of the Kirigye forest reserve. Then, there is the third case, which involved allegations of illegal activities on forest land, with Ssentongo again accused by Buvuma District of occupying Kirigye Forest land.

Both cases were also adjourned to the same date, March 13, 2025, because the defense lawyer was new to the cases and requested more time to review the files. Counsel was instructed to file her submissions by March 7, allowing the Magistrate time to review the submissions before issuing a ruling on the 13th.

The relentless and exhausting persecution faced by families in Majjo and Bukula villages, Nairambi Sub-county, Buvuma District, is a stark reminder of the injustice prevailing in our society.  Those who resist surrendering their land for oil palm cultivation are the most targeted, and many families face similar hardships, with some having two or three cases heard in one day, all stemming from their fight to protect their land from being seized.

These communities are being persecuted by a powerful alliance of Buvuma District officials, judicial personnel, police officers attached to Buvuma District Police, officials from Buvuma College School, and workers from OPUL. Together, they have criminalized the actions of several community members, all to facilitate the expansion of palm oil plantations.

During arrests, family heads are forcibly taken from their homes by armed police officers, acting on orders from a powerful trio of Buvuma District officials, Buvuma College School, and workers from OPUL. They are then arraigned before court, unscrupulously charged with multiple offenses, and enduring unnecessary suffering.

“We are arrested without reason and a warrant,” said one Kyeswa Steven. “The only explanation we are given is that it’s an order from above. But why are we being punished for defending the land we legally acquired? Why don’t they buy land elsewhere?”

In one of the cases, on November 7 last year, Mr. Ssentongo’s home in Majjo was raided by two armed police officers from Buvuma police station. They handcuffed and arrested him, stating that the order came from Buvuma District Police Commander Bagole Michael and that they were instructed to take him to the district police station.

“They raided my home around 10 am while I was having breakfast. They were armed, told me not to run, and warned me that if I did, they would shoot me. They handcuffed me, placed me on a police motorcycle, and instead took me straight to court,” he recalled.

Upon arrival, Ssentongo claimed he had been immediately charged with prohibited activities in a forest reserve.

“It seemed like they were well-prepared. The file had already been prepared, and the charges were quickly read to me. I was remanded for over a month without a proper hearing.” The defender, now out on bail, recounted,” he added.

Mr. Ssentongo further explains that this powerful alliance has not only criminalized him and his fellow community members but has also resorted to violence, assault, and threats against the families of those leading the resistance to the land grab. His wife stands as a testament. In an interview with Witness Radio, Namisango Juliet says a day after the arrest of his husband, on November 8 at night, goons armed with sticks and dressed in casual clothes attacked and brutally beat her while accusing her and the family of refusing to vacate the contested land.

“On that day, three people invaded our home at around 10 pm. They found me bathing. So, when I attempted to get into my house, they held me, beat me, and threw me to the ground, accusing me of supporting my man in the resistance. They said once I failed to convince him to vacate the land, they would come for my life.” She added.

Another resident, Nsubuga Charles, was ordered to vacate his land after losing a court case. He has been arrested and charged with criminal trespass three times. On January 24, 2025, the court ruled in favor of Buvuma College School, ordering Nsubuga’s eviction and barring him from using or accessing the land despite his legal rights to the property.

Before the ruling, in November 2024, the magistrate had instructed Nsubuga to stop using the land while the case was pending. However, in December 2024, the magistrate sentenced Nsubuga to four months for allegedly disobeying his order. Nsubuga maintains that the magistrate was unfair, stating, “The magistrate said I had cultivated and planted crops on the land, which wasn’t true. He based his judgment on hearsay and didn’t conduct a locus visit, making the charges against me unjust.”

Additionally, the magistrate fined Nsubuga one million Ugandan shillings (1,000,000 UGX) for allegedly disobeying his orders despite his having already served his sentence.

Ssentongo is currently battling with cases CRB:301/2023, accused of illegally occupying Kirijje forest land (offense carrying out prohibited activities in forest reserve), CRB 232/2024 with complainant Kabale Denis (District Forest Officer) charged with carrying out prohibited activities in the forest reserve and CRB 098/2023 on criminal trespass with Buvuma College administration, the complainant.

In 2020, he was arrested, charged with criminal trespass in case number CRB:131/2020, and sentenced to one year in Majjo prison.

“I think you have witnessed what I have been through. Today alone, I have three cases, just the ones currently being heard. I have been arrested and charged over nine times. Imagine, and the reason is that I am resisting and mobilizing my community to fight against the land-grabbing scheme orchestrated by powerful, connected individuals,” Ssentongo revealed in an interview with the Witness Radio team.

Others facing persecution are

  1. Steven Kyeswa, Kisekwa Richard, and Kibondwe Chrysostom on CRB 141/2024 on assault charges.
  2. Kisekwa Richard and Kibondwe Chrysostom on CRB:251/2023 were accused of criminal trespass.
  3. Nsubuga Charles on CRB: 263/2021, CRB 165/2022 and CRB:263/2023. In all cases, he was charged with criminal trespassing on his land, and the Buvuma school administration accused him of trespassing on the school’s land. According to Nsubuga, the school withdrew criminal case number 165/2022 and subsequently filed a civil case (022/2023), which was ruled in their favor.

Whereas community defenders are charged with the same criminal offenses by the same complainants in Buvuma, according to Uganda’s constitution, this is unlawful. Section 18 of the Penal Code Act Cap 120 states that a person shall not be punished twice for the same offense under this Code or any other law.

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Another group of eleven environmental activists have been charged with common nuisance and remanded to Luzira Prison for opposing the EACOP project.

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By Witness Radio team.

Despite the risks, these eleven environmental activists, unwavering in their opposition to the EACOP project, were accused of holding an illegal assembly. Their arrest on the 26th/02/2025, while attempting to deliver a petition to the European Union Delegation to Uganda offices in Uganda’s capital, Kampala, is a testament to their remarkable courage and commitment.

Clad in orange T-shirts emblazoned with the words “No to Oil,” these activists, chanting “Stop EACOP,” peacefully sought to engage the European Union. Their peaceful approach and their plea to the EU to use its influence, mainly through its member state, France, to engage TotalEnergies to abandon their involvement in the EACOP project, is a testament to their commitment to a nonviolent resolution.

The EACOP project has been widely criticized for its potential to cause significant environmental damage. The heated pipeline, stretching 1,445 kilometers from Hoima, Uganda, to the port of Tanga in Tanzania, could devastate sensitive ecosystems, threaten endangered wildlife, severely impact water resources, and increase greenhouse gas emissions. Moreover, it could displace local communities and cause social disruption along the pipeline route, making it a highly controversial project with substantial environmental risks.

The EACOP project, also known as the East African Crude Oil Pipeline, will transport oil from Hoima, Uganda, to the port of Tanga in Tanzania. Other shareholders include the state-owned China National Offshore Oil Corporation (CNOOC) and the governments of Uganda and Tanzania. The project has been a subject of controversy due to its potential environmental and social impact.

Shafic Kalyong, Joseph Ssengozi, Namuddu Rahima, Gilbert Nayebare, Arafat Mawanda, Hillary Mangeni, Brilliant James Mufere, Desire Ndyamwesiga, and Keisha Ali, among others,

were arraigned before the Buganda Road Chief Magistrate’s Court, charged them with common nuisance, and remanded them to Luzira Prison.

Section 160 of the Penal Code states that a person convicted of common nuisance faces a one-year imprisonment.

The eleven were arrested a few days after environmental campaigners demanded that the Uganda Police cease detaining and criminalizing nonviolent protestors. This demand followed the continuous adjournment of cases involving EACOP protesters, causing delays and exhausting their resources. In their press conference, the activists stated that police should not arrest them, as the Court often lacks sufficient evidence to try them, leading to unnecessary delays.

The activists will return to the Court from remand on the 6th of March 2025. This court appearance is significant as it will determine the next course of action in their legal battle against the charges of common nuisance.

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

EACOP: The trial of 20 environmental activists failed to take off, and now they want the case dismissed for lack of prosecution.

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By Witness Radio Team.

The hearing of a case against 20 anti-EACOP protesters has failed to take off for the third time due to the absence of the trial magistrate. According to Buganda Road Chief Magistrate Court, Her Worship Jalia Basajjabalaba was on official leave, and the case was adjourned to April 7, 2025.

The same trial, which was set for January, was stalled when the prosecution team failed to appear in court.

On August 27, 2024, the 20 activists, including Pitua Robert, Okwai Stephen, Kothurach Margret, Omirambe Moses, Owonda Rogers, Alimange Joseph, and Wabiyona Wicklyf, among others, were charged by the Buganda Road Magistrate Court with common nuisance.

These activists were arrested on August 26, 2024, while peacefully marching to the Ministry of Energy to deliver a petition opposing EACOP and other oil projects. The activists demanded justice, the upholding of their rights, and a halt to the oil industry’s violations of human rights and the environment.

The prosecution alleges that the accused marched through Kampala’s streets carrying placards and banners, causing annoyance, obstruction, or inconvenience to the public.

Section 160 of the Penal Code states that a person convicted of common nuisance faces a one-year imprisonment.

In their press conference held on Thursday, February 20, the accused activists demanded that the judiciary should stop delaying hearings of their case related to the East African Crude Oil Pipeline (EACOP) project and called for the dismissal of their case if the court lacks sufficient evidence to prosecute them.

Despite the repeated delays, the activists remain resolute, viewing the postponements as a form of judicial harassment. They stand firm in their demand for a fair and expedited trial, emphasizing the importance of upholding human rights in the judicial process.

“The courts of law should not be used as tools of oppression. They should not waste any time. If we have a case to answer, let them prosecute us on April 7, which they have scheduled. If they fail again, they should dismiss the case instead of wasting our time and resources,” Barigye emphasized.

The activists stress that these delays not only cause emotional distress but also impose a significant financial burden. Many of them, hailing from rural areas, have to raise funds for transportation to attend court sessions in Kampala, only to be disappointed by repeated adjournments.

“These continuous adjournments have cost us a lot. Many activists live in rural areas and have to raise money for transport, only to be present in court, but are often grieved when the cases are adjourned again and again,” said Bob Barigye, one of the accused, in an interview with Witness Radio.

The Buganda Road Magistrates Court was expected to begin hearing prosecution witnesses against the activists on February 18. However, the session was adjourned to April 7.

The activists also voice their strong condemnation of the police’s unlawful arrests of demonstrators exercising their constitutional rights. They call for an immediate halt to these actions, asserting that such detentions do not address the real concerns of the communities affected by oil and gas projects.

“We strongly condemn these arrests. Detaining demonstrators does not address the concerns affecting grassroots communities that oil and gas projects impact. We also warn individual police officers involved in these rights violations to perform their duties professionally, or they will be held personally accountable,” the activists stated.

The demands come amidst a deteriorating human rights situation in Uganda, where civic space is shrinking, and opponents of the EACOP project face increasing repression. Defending communities and the environment from the negative impacts of oil projects have effectively been criminalized. Community land and environment defenders and communities continue to face arbitrary arrests, detentions, and excessive delays in court proceedings.

The East African Crude Oil Pipeline (EACOP) is a 1,443-kilometer heated pipeline transporting crude oil from Hoima, Uganda, to Tanga, Tanzania. The first 296 kilometers run through Uganda, while the remaining 1,147 kilometers pass through Tanzania. The project is a joint venture between TotalEnergies, the Uganda National Oil Company (UNOC), the Tanzania Petroleum Development Corporation (TPDC), and the China National Offshore Oil Corporation (CNOOC).

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