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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Kiryandongo land eviction saga takes new twist as District Leadership defy Museveni on resettling victims

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Victims of an unprecedented land fraud that has allegedly seen over 35,000 people evicted from government land in Kiryandongo will have to postpone their celebrations after President’s directive to have them resettled was defied by the district leadership.

Joseph Walekula, the leader of the group that claims to have been rendered homeless as a result of government giving out their land to two investment companies – Agilis, owned by an American agricultural investor and Kiryandongo Sugar, says he had led a group of over 100 people to Kampala to meet the State Minister for Lands Persis Namuganza on Tuesday 25.

“At the time of the meeting, she was scheduled to meet with the President, and we briefed her with all the documentary and pictorial envidance,” explained Walekula with loads of disappointment in his voice. Later on in the day, Walekura says ” The Minister called and informed us that the President had received our concerns and was greatly perturbed by the occurrences. The president thus ordered for an immediate attention to the matter to find solutions to the problem.”

On Wednesday 26th, an impromptu meeting was called to address the matter at the office of the Prime Minister.

The Meeting which was Chaired by General Moses Ali was among others attended by Lands Minister Beti Olive Namisango Kamya, State Minister for Lands, Persis Namuganza,Internal Affairs Minister General Jeje Odongo, some officials from the Ministry of Security, and others from the Ministry of Relief and disaster preparedness among others.

In the meeting, the victims were accorded audience to present their grievances, which were to shocking to the honourable Ministers. Convinced by the Victims about their plight, the meeting resolved that immediate attention should be given the matter and thus ordered among others;

That the Victims be resettled to any other place and be given all due facilitation in form of food and essential goods for their livelihood for one month as government seeks to find a permanent solution.

That further evictions be halted as fresh guidelines are introduced to guide future business following an appropriate mechanism that would guarantee a peaceful well laid resettlement plan.

It was also resolved that the group be given ample Security as they raised fears over their safety on return to Kiryandongo. The officials in attendance from the Security Ministry were tasked to see to it that this recommendation gets implemented.

The Ministry of Relief and Disaster Preparedness offered to accommodate the victims at Center Dip land which is under the refugee commission in Kiryandongo.

The group were given 200 bags of Rice, 200 bags of rice and 100 saucepans to feed on while in the camp that would be set up by the line Ministry. They were given some money to meet their transport costs and asked to return to Kiryandongo and wait for the items to be delivered to them at the agreed camping site.

On their return however, the group were dismayed to see that nothing was happening in line of the Kampala recommendations and upon inquiring from Minister Namuganza, they were told that there had been a change in the program and thus they needed to wait for any further communication.

They have since been blocked  From accessing the land which  had been offered to them to set  their camps pending a permanent solution from the Center Government.

“We have been informed by the Chairmen LC 1 that he has received orders from above to prevent us from accessing the land that we were supposed to occupy as per the directive from Kampala,” Explained Emmanuel Agarubanda, one of the victims.

The group accuses the district leadership of trying to sabotage their efforts of getting back to their normal life.

“The leaders at the district have deliberately told lies to the officials in Kampala because they too are implicated in these illegal evictions. They are the very people who are collaborating with the land grabbers in exchange for monetary gains,” explained Walekula.

The group also vowed to fight untiringly until they will get Justice even when it’s very risky fighting with the big men who have both wealth and influence in their armouries.

“They are accusing us for going to Kampala without involving them yet they have frustrated our efforts for a long time. We are collecting signatures and more evidence so we can go back to Kampala and prove our claim and also expose their lies,” said Walekula.

The RDC of Kiryandongo District, Peter Debele has however informed this website that the leaders of this group are scammers whose only aim is to defraud the government and the investors for money. He said that most of the people claiming to have been evicted are actually the same people that have been compensated undeservedly more than once.

“They are crooks who have been scheming to get money unscrupulously from investors using any possible means available available. We have documentary evidence to attest to the same and we shall not have their way just like that,” vowed the President’s envoy from Kiryandongo.

The RDC also faulted some political leaders for trying to create tension and fear in the area by instigating land rows in the district. He said that some of these people are intentionally mobilised by some politicians as a way of fighting others, adding that there have not been any such evictions in the district as alleged by the media in Kampala.

This comes after the Speaker of Parliament Rebecca Kadaga coming out to decry the rampant evictions in the District on Tuesday 25th February, doubting reports by some officials at the District which claimed that the victims are people who had settled there after the investors had already taken up the land in question.

“If you say these people occupied the land without the due process, where was government when they were construction 14 schools, churches on the land,” asked the Speaker during a House session on Tuesday.

 

Source: Watchdog Uganda

DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Uganda: Judicial harassment of environmental and human rights activist Desire Nkurunziza

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UGA 001 / 0923 / OBS 037
Arbitrary detention /
Release /
Judicial harassment
Uganda
September 5, 2023The Observatory for the Protection of Human Rights Defenders, a partnership of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), requests your urgent intervention in the following situation in Uganda.

Description of the situation:The Observatory has been informed of the arrest and subsequent release of Desire Nkurunziza, an environmental and human rights activist and the elected leader of Nyairongo village, Kikuube district, mid-western region of Uganda. As a member of the Save the Bugoma Forest Campaign (SBFC) community task force, Mr Nkurunziza has been calling out the local and central government authorities about the deforestation of the Bugoma Central Forest Reserve, which has been leased to the Hoima Sugar Limited company, mainly for sugarcane cultivation, by the Bunyoro Kitara Kingdom, South-West region of Uganda. This project is not only affecting the biodiversity of the forest but also the local community, which has been subjected to extortion by land grabbers associated to Hoima Sugar Limited and/or its agents.

On July 16, 2023, two cars came to Desire Nkurunziza’s home in Nyairongo trading center, one of them belonging to a supervisor of Hoima Sugar Ltd and the other to an associate of the Kikuube Resident District Commissioner, both known by Mr Nkurunziza. The two men informed him that two of his village members were arrested in the forest, now a sugar cane plantation, and he agreed to go with them to help his constituents. Upon reaching the plantation, he was handed over to armed Hoima Sugar Ltd personnel, who started beating him and then recorded a video accusing him of illegally cutting down sugar cane. He was then taken to the Kikuube police station by the same Hoima Sugar Ltd car, where he was arrested on the grounds of “incitement of violence” and “criminal trespass” under Section 51 and 302 of the Penal Code Act, respectively, and detained there by the police for two days. He requested temporary release from police bond – custody -, but his request was denied.

On July 18, 2023, he applied for Court bail, which was denied even though he fulfilled all the requirements set by the Court and no reason was provided. He was then remanded to Kiryatete prison.

After reporting back to court on July 24, Desire Nkurunziza was released on Court bail. He had to pay a cash bail of 300,000 Ugandan shillings (approximately 74 Euros) in addition to satisfying all the conditions for release, with the obligation to report back on August 31, 2023, to the Chief Magistrates Court of Hoima, which is handling the matter. During his audience, the magistrate informed him that he would need to report back once again to the Court on November 2, 2023, without providing any reasons.

The Observatory recalls that the Bugoma Forest is the second biggest natural forest reserve in Uganda. In recent years, it has been claimed by the Bunyoro Kitara Kingdom, Western Uganda, which obtained a land title through irregular ways before it leased it to sugar manufacturer Hoima Sugar Limited for sugarcane cultivation, to establish an urban centre, develop eco-tourism, and restore a portion of the forest reserve. Before leasing the land to Hoima Sugar Limited, an environmental and social impact assessment (ESIA) certificate was issued by the National Environment Management Authority, in circumstances that have been contested by the Africa Institute for Energy Governance (AFIEGO) in courts of Law. The contestation is based on the allegations that the assessment was made without consulting the local community, even though this issue clearly concerns them. A trial which aims to annul the ESIA certificate is ongoing in front of the Court of appeal.

The Observatory further recalls that this is not the first time that defenders of the Bugoma Forest are targetted for their legitimate human rights activities. In September 2020, nine environmental rights defenders were arbitrarily arrested for defending the Bugoma Forest, including Venex Watebawa and Joshua Mutale, respectively team leader and Head of Programmes of Water and Environment Media Network (WEMNET), who were first arrested on their way to a radio talk show to discuss the dangers of sugar cane cultivation in the Bugoma Forest and call on peaceful protests, as well as Sandra Atusinguza, member of AFIEGO who went to the police station to negotiate their release and got arrested herself. These various acts of harassment against environmental and human rights defenders, in addition to the numerous arrests of local residents defending their right to access their own land, show the will of the local and national governments to intimidate and silence them.

The Observatory strongly condemns the arbitrary arrest and judicial harassment of Desire Nkurunziza, as well as the other above mentioned human rights defenders, which seem to be only aimed at punishing them for their legitimate human rights activities.

Source: fidh.org

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Uganda: Targeting community land and environmental defenders with criminal offenses is rising as two community land rights defenders arrested in a hotspot district of forced land evictions.

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By Witness Radio team

As land and environmental rights defenders strive to better their areas, they continue to bear the brunt of defending communities’ land rights from negative impacts brought by the development projects.

In Kiryandongo District, multinationals have increasingly chosen to adopt a strategy of criminalizing activities of community defenders who are working tirelessly to protect communities’ farming fields.

This criminalization method has captured area police units and use it to cause arbitrary arrest and detention, and prefer various offenses against community land and environmental defenders. Commonly used charges include criminal trespassing on a piece of land communities have cultivated for generations and causing damage to their own property. These actions have weakened the activism charisma of defenders and deter them from continuing with pushing back against illegal and forced land evictions. These tactics do not only undermine the legitimate work of community land and environmental rights defenders but also create an environment of fear and intimidation among those who dare to resist land grabbing and environmental degradation.

On the 22nd of August 2023, two community land rights defenders were rounded up for the seventh time in a period of two (2) years by police officers attached to Kiryandongo district police, and three workers from Great Seasons SMC Limited company Limited arbitrarily arrested and dumped in the Kiryandongo district police cells.

The defenders Barumangabo Sepriano and Ramu Ndahimana rounded -up and arbitrarily arrested from their farming fields preparing for the upcoming planting season, handicapped, and subsequently taken away.

“In the early morning hours, we were suddenly confronted by a group of armed people comprised of Kiryandongo district police personnel and individuals representing the company. Swiftly and forcefully, we were pushed into a white land cruiser bearing the registration number UBF 417C, which was later identified as the property of the evictors. Initially, the captors asserted that one of the grounds for our apprehension was our alleged trespassing on the company’s land.

However, upon arrival at the police station, the officers altered their claims and stated that we had supposedly posed threats to the company’s workers, a charge we vehemently denied. Shortly after a short period of time, another accusation of malicious damage was leveled against us. Astonishingly, we were informed that we were being held accountable for purportedly setting a structure ablaze.” One of the defenders narrated when visited by Witness Radio team at police.

The two defenders are among a group of community land and environmental rights defenders who have been on the forefront advocating for land, social and economic justice of communities in Kiryandongo district whose land is targeted for large-scale farming by multinationals.

Great Seasons SMC Limited, planting coffee on a large scale, is one of the multinational companies in the Kiryandongo district that have violently deprived communities of their rights to own land, and homes, demolished community schools, cut down food crops owned community members/families, destroyed water sources, and privately-owned health centers.

Over 35000 residents have lost their family lands after violent and forceful land evictions to pave the way for industrial agriculture. In addition to the Great Seasons SMC Limited, there are other multinationals implicated in land-grabbing activities, such as Kiryandongo Sugar Limited, Agilis Partners Limited, and Somdiam Limited.

Kiryandongo district police has preferred threatening violence, criminal trespass and malicious damage to property charges against the two (2) defenders.

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: Criminal trial for seven community defenders opposed to EACOP/Tilenga project forced land eviction has been fixed.

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By Witness Radio team

The Magistrate court in Hoima City has announced that the trial for seven community environmental rights defenders will kick off on the 3rd and 4th of October, 2023, respectively. The defenders are part of a larger community of 2500 locals negatively impacted by the East Africa Crude Oil Project (EACOP)/ Tilenga project. The victim community lost its land, properties, food and livestock, livelihood, and people’s rights were grossly violated/abused, and its identity through a violent and forceful land eviction without a court order or an alternative settlement.

The displacement occurred immediately after the arbitrary arrest and imprisonment of victim defenders.
Over 3500 hectares that were lawfully occupied and cultivated by the local community were earmarked for the oil EACOP/Tilenga project several years ago before the imprisonment of defenders and forced land eviction.

The Tilenga feeder pipeline corridor is approximately 95 km long originates from the Tilenga Project Central Processing Facility (CPF), about 8 km northeast of Buliisa town in Buliisa District and 5 km south of the Albert Nile.

The purpose and the need for the Tilenga feeder pipeline, according to Total Energies, is to deliver crude oil to the planned refinery in Kabaale and the East African Crude Oil Pipeline (EACOP).
Those facing trial include Kataza Samuel, Mulega Eria, Mbombo Steven, Rubyogo David, Karongo Edward, Karongo Stephen, and Rangira Stephen.

The seven face different charges shown in tables below;

File No. 1

Name Court File Number Charge
Kataza Samuel 237 of 2023 Malicious damage to property
Mulega Eria 237 of 2023 Criminal trespass
Karongo Stephen 237 of 2023 Threatening violence
Rangira Stephen 237 of 2023 Threatening violence
Karongo Edward 237 of 2023 Theft

File No.2

Name Court File Number Charge
Kataza Samuel 77 of 2023 Stealing cattle
Mulega Eria 77 of 2023 Stealing cattle
Karongo Stephen 77 of 2023 Stealing cattle
Rangira Stephen 77 of 2023 Stealing cattle

File No. 3

Name Court File Number Charge
Karongo Stephen 238 of 2023 Assault
Karongo Edward 238 of 2023 Assault
Rangira Stephen 238 of 2023 Assault

File No.4

Name Court File Number Charge
Rubyogo David 241 of 2023 Threatening violence

File No. 5

Name Court File Number Charge
Mbombo Stephen 60 of 2023 Malicious Damage to property

File No. 6

Name Court File Number Charge
Mbombo Stephen 64 of 23 Threatening violence

On 15th and 16th August 2023, the court ordered the state prosecutor’s office in Hoima City to disclose to the defense as soon as possible for preparation ahead of the trial.

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