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Livelihood, Land And Investment

Is it impunity…? Uganda still adamant to give back land to local communities as ordered by the UN

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By witnessradio.org team

Its a 3rd anniversary of no action since the UN Committee on Economic, Social and Cultural and Social Rights (CESCR) called on the government of Uganda with immediate effect to ensure that the rights of those forcibly evicted from Mubende District are returned and restored. The UN Committee of Experts addressed the case of the Kaweeri community in Mubende district in June, 2015.

In August 2001, the Uganda People’s Defense Forces stormed villages of Kitemba, Luwunga, Kijunga and Kiryamakobe in Mubende, forcibly evicted more than 4,000 people from the land that they, and their ancestors, took as their home, leaving 3 deaths, dozens injured and the destruction of houses and food crops.

The land was leased and being used by the Kaweeri Coffee Plantation Ltd, a 100% subsidiary of Neumann Kaffee Gruppe, a company whose headquarters are based in Hamburg, German.

The Community sued the Government and the Company, Court awarded them compensation up to 11 million Euros, which has since never been paid 17 years down the road, neither have they gotten back their land.

For the UN recommendation a source told witnessradio.org that an adhoc committee comprising of three (3) ministries including Foreign Affairs, Gender, Labour and Social Development and Justice and Constitutional Affairs was formed in 2017 to look into the implementation of this resolution, but no meeting has ever been convened

Sources have it that Kaweeri Coffee matter has been stagnant due to competing interests both political and economic from top government officials that have caused fear and anxiety among ministries’ focal persons in adhoc committee. “The latest we have is that Kaweeri matter was forwarded to ‘State House’ rendering the adhoc committee useless” the source said.

The expert committee recommended to Uganda to refrain from further forceful evictions of individuals and expropriating land, regardless of the context, and recalled that in cases where eviction or relocation is considered to be justified, it should be carried out in strict compliance with the relevant provisions of international human rights law.

Since the eviction, the investment has spattered terrible conditions to the community with no shelter, no adequate access to drinking water, no health care, increase in diseases and deaths, rising poverty rates, and skyrocketed malnutrition affecting children, pregnant women, mothers breastfeeding and the elderly.

Peter Baleke Kayiira, one of the leaders of the evicted community said, there’s never been meaningful engagement between government and affected communities since the issuance of recommendations.

“There’s only one incident in early 2017 where government through state minister for Kampala Bena Bugembe wanted to divide communities. She said compensation   would be made if the affected community withdraws a case in court and no follow up has ever been made” Kayiira revealed.

Neumann Kaffee Gruppe company has vehemently refused to take responsibility over human rights concerns emanating from land evictions saying, it does not own land and it (land) was leased to them with no squatters.

 

Accountable Development To Communities

A self-claimed landlord who caused the imprisonment of six community land rights defenders on false charges was aligned before the court and charged with 28 counts.

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Naava while entering court cells at  Mubende.

By Witness Radio Team

A magistrate court at Mubende has charged a self-claimed landlord with 28 counts plus murder. Naava Milly Namutebi caused the arrest of six community land rights defenders, falsely accused them of murder, and got imprisoned for three years without trial. 

Naava’s appearance before the court followed shortly after the Director of Public Prosecution (DPP) dropped murder charges against six community land rights defenders. These include; Tumusiime Benjamin, Bagirana Innocent, Habana Domoro, Miyingo Gerald, Byangaramani Charles, and Byekwaso Fred.

Naava was charged along with Bulasio Musoke, Richard Mugagga, Henry Kaaya, among others. They were not allowed to answer any charges as the court had no power to make legal decisions and judgments on charges read to them.

The prosecution alleges that Naava and others still at large, committed offenses in areas of Mubende and Kampala districts between 2006 and 2021.

From 2012 to date, Naava got help from the senior army, police, and other public officers in Mubende orchestrated violence and committed human rights violations/abuses while forcefully evicting over 4,000 people off their land. 

The land being targeted measures 3.5 square miles covering villages including Kirwanyi central, Kirwanyi East, Kirwanyi West, Nakasagazi, Kituule A, Kituule B, Kibalagazi A, Kibalagazi B, Kakkanembe, Bukyambuzi A, Bukyambuzi B, Kisende, Mulanda, Kituule central, Kirwanyi A, and Butayunja in Kirwanyi and Kituule parishes in Butoloogo Sub County in Mubende district.

Naava and others accused were remanded to Kaweeri prison until 19th/July/2022. 

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Defending Land And Environmental Rights

Six community land rights defenders from Kawaala have turned up at police for interrogations but, failed to take off

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By Witness Radio Team.

The six community land rights defenders from Kawaala zone II and the local leader that were summoned to appear at the Old Kampala Regional Police Headquarters have turned up, however, the interrogations did not take off due to the absence of the head of investigating team.

The six community defenders were required to report back to police for further investigations into alleged crimes that have not yet been officially disclosed to defenders’ lawyers. They were supposed to appear before the police investigation team today the 06th of July 2022 at 10:00 AM.

The defenders include; Kasozi Paul, Busobolwa Adam, Kabugo Micheal, Serugo Charles, Ssemanda David, Sserukwaya David, and the area vice-chairman Patrick Kato Lubwama.

While appearing before police for the first time last week on Wednesday 29th, the Deputy Assistant Inspector of Police (D/AIP) Domara Patrick who heads the investigations team casually said the defenders and the local leader are being investigated for obtaining money by pretense and forgery, which charges are not mentioned on police summons.

Since the first COVID outbreak in 2020, the victim defenders and others have been leading a pushback campaign to stop forced eviction by a multimillion dollars Kampala Institutional and Infrastructure Development Project (KIIDP-2) being implemented by Kampala Capital City Authority (KCCA). The drainage channel construction is financed by the World Bank.

This project first impacted Kawaala Zone II around 2014, when a channel diversion was constructed. The current planned expansion will widen that channel and require forced evictions across an area at least 70 meters wide and 2.5 km long.

Witness Radio – Uganda has established that the Deputy Resident City Commissioner (RCC) in charge of Rubaga Division, Mr. Anderson Burora is among the complainants. Resident City Commissioner is a representative of the president in the Capital City at the division level.

Witness Radio – Uganda believes that police are being used to harass and intimidate defenders to back off the justice campaign for people negatively impacted by the drainage channel.

The defenders and the local council leader have been booked to report back to the police on Monday, the 11th of July 2022 at 9:00 AM local time.

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Defending Land And Environmental Rights

A self-claimed landlord who masterminded the imprisonment of six community land rights defenders for three years has been arrested.

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Naava being arrested by police.

By Witness Radio team.

A joint team of investigators from the office of the Director of Public Prosecutions (DPP) from Kampala and the Mubende police arrested a self-claimed landlord who falsely accused six community land rights defenders of murder and led to a three years imprisonment without trial.

Naava Milly Namutebi was arrested at her farm in Kirwanyi in Mubende district with other alleged land dealers namely Bulasio Musoke, Richard Mugagga, and Henry Kaaya.

Naava’s arrest occurred a few days after the DPP dropped charges of murder against six community land rights defenders who had spent three years without trial. These include Tumusiime Benjamin, Bagirana Innocent, Habana Domoro, Miyingo Gerald, Byangaramani Charles, and Byekwaso Fred.

Since 2012, Naava with the help of senior army, police, and other public officers in Mubende have orchestrated violence and committed human rights violations/abuses against over 4,000 people to evict them off their land. The land is measuring 3.5 square miles covering villages namely Kirwanyi central, Kirwanyi East, Kirwanyi West, Nakasagazi, Kituule A, Kituule B, Kibalagazi A, Kibalagazi B, Kakkanembe, Bukyambuzi A, Bukyambuzi B, Kisende, Mulanda, Kituule central, Kirwanyi A, and Butayunja in Kirwanyi and Kituule parishes in Butoloogo Sub County in Mubende district.

According to locals, Mubende police acting on Naava’s orders arbitrarily arrested and unlawfully detained dozens and dozens of land owners at different police stations in the district. Several victims allege they had to pay colossal sums of money to be released.

For many years, Mubende district has been one of the forced eviction hotspots where families are forced off their land with compensation or being offered settlement. Witness Radio’s one-year research report released in 2017 revealed that over 60% of the total grabbed land in the district was stollen by local investors.

Witness Radio – Uganda research indicates that Naava is involved in multiple land grabs with the help of government security apparatus. In 2017, residents namely Ruhobana Dombo, Samuel Ndekezi, and Chleopus Zariwa from the Butoloogo sub-county in Mubende district were arbitrarily arrested and detained on Naava’s orders by Mubende police.

The victims and other residents lawfully occupied and cultivated their land for decades but got shocked to hear that Naava was claiming ownership of their land.

The trio had gone to their gardens to plant maize on August 17, 2017, when Naava’s stick-wielding laborers attacked and severely beat them.

Naava is currently held at Mubende Central Police Station, with 28 charges including murder, attempted murder, forgery, and others preferred against her.

 

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