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WITNESS RADIO MILESTONES

Land Act specifies only three ways a person can occupy another’s land

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One of the most contested issues underlying land disputes is the concept of a kibanja, which was introduced in Buganda land system in 1928.

Since 1975, people have been moving on registered land without regard to the rights of registered proprietors.
This trend was exacerbated by wars, which displaced people from their homes forcing them to seek safe havens. In most cases, such people try to exercise rights which the law does not recognise.

Under the Land Act, there are only three ways in which a person can be a lawful occupant of another person’s land, namely a person occupying land by virtue of the repealed Busuulu and Envujjo Law of 1928, a person who entered the land with the consent of the registered owner or a person who had occupied land as a customary tenant, but whose tenancy was not disclosed by the registered owner at the time of acquiring a certificate of title.

To explain properly the concept of a kibanja within the context of the above situations, one has to go back in history by way of introduction. Prior to 1900, ownership of land in Buganda was through ekyalo or ebyalo in plural, which were vested in the Kabaka. A single kyalo could have as many as five villages, which were administered by chiefs on the Kabaka’s behalf. Individuals could occupy portions of these villages through the ancient customary rights of obusenze and obwesenze.

Alongside the Kabaka’s system, was the clan system in which ownership of ebyalo or clan land, was vested in clan heads. In 1900, the system of ownership in freehold evidenced through title deeds was introduced. People had to apply to the lukiiko (parliament) to have their ownership verified under the above system although clan land was excluded from the process.
This led to clan land being wrongly included in other people’s certificates. Although the customary system made individuals virtual owners of the customary interest, the new system made them tenants of the mailo owner.

A common grievance brought the so-called peasants into the company of the clan leaders to mount opposition to the mailo land system and in 1926, the colonial secretary had to make some hard decisions on a petition submitted to him by a section of Abataka community.

In October 1926, the Governor addressed a special sitting of the lukiko to communicate the colonial secretary’s decisions. After observing that in 1924 a commission was appointed to investigate whether the distribution of land by the lukiko was in conformity with the terms of the 1900 Agreement and the ancient tribal customs the secretary made the following decisions:
The allocation of land by the lukiko was not made in a manner calculated to inspire confidence.

A more strict supervision of the native government in land matters and the respective rights of landlords and tenants was necessary. The native government should take measures to protect burial grounds. The allocations made by the lukiko were final and would not be interfered with.

The result of the secretary of state’s decisions was the Busuulu and Envujjo Law of 1928, which balanced the rights of landowners and their tenants. In particular, the law introduced the idea of a kibanja, which is of two types:
A domestic kibanja in which the holder obtained an interest in land and an economic kibanja where the interest was limited to crops grown on an extra acre

A domestic kibanja could be inherited by an heir with the wife having a right of occupancy during her lifetime. A kibanja holder could not be evicted without a court order.

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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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