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WITNESS RADIO MILESTONES

Know your land ownership system

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Not so long ago, residents in Buikwe District cried foul, accusing junior Water Minister Ronald Kibuule of forcefully evicting home owners on 85 acres of land located in Golomola Village.
The land is believed to belong to the Buganda Kingdom and, the part of the land in question, was allocated to the Namasole (queen mother) and cannot be sold.

However, the minister said he had bought the same piece of land from a private individual without any encumbrances except for the bibanja holders whom he bought off. As the problems associated with land ownership in the country continue to rise, we explore the different types of land ownership to save home owners from becoming victims of land fraud.

Ronald Sekagya, a registrar- education and public affairs at the Judicial Service Commission, explains that there are four forms of land tenure system in the country and that before you buy land, you must first know the rightful owner or form of tenure. He says in the central region, the mailo land tenure system, came about as a result of colonialists. When the colonialists came to the country, they found the indigenous people owning land but without land titles.

“What they (colonialists) did since they wanted to have the economy moving, anyone who pleased them at that time, they granted them land in mailo form. That was the kind of system in terms of measurements at that time and the Kabaka was also given mailo land,” Sekagya explains.
He adds that: “What they did was to create a title above the land that was already owned by indigenous people and would give it a block number, and a plot number. The size was measured and someone was registered as the proprietor.”

Linking the current conflicts associated with mailo land tenure system, Sekagya notes that this comes about when the title holder is not the person occupying the land.
“This takes us to the laws that recognise the title owner with those who settled in his land paying him/her ground rent commonly known as busulu or envujjo, meaning you are paying in kind.”
Under the mailo land tenure, the owner of the land can give it to anyone they please even their children. This kind of land tenure system is mainly found in Buganda region a result of the 1900 Buganda Agreement.

Freehold land tenure
Freehold land tenure system is not any different from the mailo system.
Sekagya says this kind of land tenure system is found in many parts of the country.
“It is free land as the name suggests. It’s free from any kind of claim forever. The owner can sell or give it out as they wish, it is always registered and the owner has a duplicate certificate of title while the original is in the land office.” The official explains.
“If you want to find out information about this land, you get its particulars and go to the lands office to conduct a search by looking at the original title,” the official adds.

Customary system
The customary land holding depends on the community how they deal with land. Some communities have their customary rules of handling the land.
In some of the customary system, land is owned communally.
“Some may own land communally, others individually but, it cuts across the entire country. In northern Uganda, land is mainly owned communally and here in central, we have the kibanjja ownership,” Sekagya notes.

Leasehold 
The last form of land tenure is the leasehold. The lease simply means that somebody allows you to use his or her land for a given period of time under particular conditions.
The conditions are written down as a covenant and you are supposed to abide by them.
“Still in our local setup, we have these leases based on trust and faith. If you go upcountry, you find that someone who owns a large piece of land and allows another person to grow crops on agreement that for that season, he or she is going to give them some of the produce,” says Sekagya.

“For the lease, there is always that option for renewal, it is mainly after 49 years depending on the agreement,” he adds.
The official cautions that what is key here is that non Ugandans are not allowed to own land as mailo land or freehold land but only under lease ownership.

Common land disputes
•Encroachment, exceeding one’s boundaries
•Land grabbing
•Misuse of trust for example a guardian selling trust property
•Breach of tenancies in tenancy agreements leases and mortgages
•Wrongful evictions of lawful and bonafide occupants
•Breach of agreement for sale of land
•Land acquisition by state without fair compensation
•Failure or refusal to transfer land to the purchaser
•Trespass
•Fraudulent acquisition of land.

Source: Daily Monitor

WITNESS RADIO MILESTONES

Uganda: Land-grab victim communities will join counterparts in commemorating the 2024 International Day of Struggle Against Industrial Plantations.

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By Witness Radio team.

On September 21, 2024, land-grabs communities under their group, the Informal Alliance for communities affected by irresponsible land-based investments in Uganda for the first will join fellow victims in commemorating the International Day of Struggle Against Industrial Plantations, highlighting the growing threat posed by large-scale monoculture plantations.

These industrial plantations have led to the forced eviction of millions of people across Uganda, displacing indigenous communities and stripping them of their land rights and livelihoods. Driven by multinational companies and government-backed investors, with the support of government and private security entities, these evictions prioritize profits over people.

Among the many Ugandan communities still suffering the devastating impact of monoculture plantations are over 30,000 people who were violently displaced from the Namwasa and Luwunga forest reserves between 2006 and 2010 to make way for the New Forests Company’s pine and eucalyptus plantations. In addition, thousands of local and indigenous communities were illegally evicted to make way for palm oil plantations in Kalangala district. Nearly 4,000 people had their land grabbed by the Formosa tree planting company in the Mubende district, and over 35,000 were displaced in Kiryandongo to make way for industrial agriculture to grow maize, soybean, and sugarcane plantations, among others. These and other affected communities united and formed the Informal Alliance for Victims affected by irresponsible land-based investments to defend their rights in early 2019.

The International Day of Struggle Against Industrial Plantations was first celebrated on September 21, 2004, during a community network meeting fighting against industrial tree plantations in Brazil. Since then, it has become a day when organizations, communities, and movements worldwide come together to celebrate resistance and raise their voices, demanding an end to the relentless expansion of industrial tree plantations.

In Uganda, on Saturday, September 21, the 2024 commemoration will start with a radio program in a local dilect (Luganda) purposely to highlight weird experiences faced by communities displaced by large-scale monoculture plantations, struggles for justice, and holding companies and financiers accountable. A one-hour radio program starting at 10 a.m. EAT will feature leaders of the loose alliance. Listen to the radio program on Witness Radio platforms on the website www.witnessradio.org or download the Witness Radio App on playstore.

Later, land-grab victims in Uganda will join their colleagues from Africa and other countries around the globe in a webinar meeting aimed at fostering organizations’ and rural communities’ connection across member countries and communities to build confidence, share experiences, strengthen our campaign to reignite hopes and forge a bond of understanding between the Informal Alliance and victim communities shattered by destructive plantations as well as deterring future plantations expansion.

The Webinar will start at 3PM EAT and will be aired live on Witness Radio platforms on the website www.witnessradio.org or download the Witness Radio App on playstore.

Please note: Both the radio show and Webinar will be live on Witness Radio on www.witnessradio.org or download the witness radio app on playstore to listen live.

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WITNESS RADIO MILESTONES

Uganda: CSOs claim Agilis Partners forcibly evicting local communities to pave way for agribusiness; company did not respond

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Witness Radio and its partners have alleged that thousands of people from local and Indigenous communities have been forcefully evicted from their land to make way for Agilis Partners Limited’s large-scale farming operations, in violation of international human rights law.

They have raised concerns about severe human rights abuses including forced evictions and lack of prompt, fair, and adequate compensation; violations of Indigenous peoples’ right to free, prior, and informed consent; abduction, arrest, torture, and judicial harassment of human rights defenders, and alleged sexual violence against women and girls, as well as other negative social and environmental impacts.

Witness Radio and its partners representing PAPs have written to Agilis Partners on several occasions seeking a dialogue between the company and people who have been harmed however, the company has not responded to their communications.

In a letter to Agilis Partners in June 2024, 36 civil society organizations called on Agilis Partners and its financial backers to take immediate action to stop the human rights abuses and harassment committed against community members, engage in dialogue with the communities, and restore the lands to the people that have been displaced.

We invited Agilis Partners to respond to the letter, the company did not respond.

Company Responses

Agilis Partners. No Response.

Source: business-humanrights.org

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: Witness Radio and Partners to Launch Human Rights Monitoring, Documentation, and Advocacy Project Tomorrow.

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By Witness Radio Team.

Witness Radio, in collaboration with Dan Church Aid (DCA) and the National Coalition for Human Rights Defenders (NCHRD), is set to launch the Monitoring, Documentation, and Advocacy for Human Rights in Uganda (MDA-HRU) project tomorrow, 22nd February 2024, at Kabalega Resort Hotel in Hoima District.

The project, funded by the European Union, aims to promote the protection and respect for human rights, and enable access to remedy where violations occur especially in the Mid-Western and Karamoja sub-regions where private sector actors are increasingly involved in land-based investments (LBIs) through improved documentation, and evidence-based advocacy.

The three-year project, which commenced in October 2023, focuses its activities in the Mid-Western sub-region, covering Bulisa, Hoima, Masindi, Kiryandongo, Kikuube, Kagadi, Kibale, and Mubende districts, and Karamoja sub-region, covering Moroto, Napak, Nakapiripirit, Amudat, Nabilatuk, Abim, Kaabong, Kotido, and Karenga districts.

The project targets individuals and groups at high risk of human rights violations, including Human Rights Defenders (HRDs) and Land and Environmental Defenders (LEDs). It also engages government duty bearers such as policymakers and implementers in relevant ministries and local governments, recognizing their crucial role in securing land and environmental rights. Additionally, the project involves officials from institutional duty bearers including the Uganda Human Rights Commission (UHRC), Equal Opportunities Commission, and courts, among others.

Representatives from the international community, faith leaders, and business actors are also included in the project’s scope, particularly those involved in land-based investments (LBIs) impacting the environment.

The project was initially launched in Moroto for the Karamoja region on the 19th of this month with the leadership of the National Coalition for Human Rights Defenders (NCHRD).

According to the project implementors,  the action is organized into four activity packages aimed at; enhancing the capacity and skills of Human Rights Defenders (HRDs) and Land and Environmental Defenders (LEDs) in monitoring, documentation, reporting (MDR), and protection, establishing and reinforcing reporting and documentation mechanisms for advocacy and demand for corporate and government accountability;  providing response and support to HRDs and marginalized communities; and lastly facilitating collaboration and multi-stakeholder engagements that link local and national issues to national and international frameworks and spaces.

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