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Land as a security issue: endless forced land evictions and impunity threaten Uganda’s peace, lawlessness on the rise.

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By Witness Radio team

Sad! A ‘landlord’ and her husband murdered in a preventable bloodshed!

On Monday, the 31st of July, 2023, families in the Kiruma sub-county in Mubende district woke up to sad news of the killing of a couple (Naava Milly Namutebi and her husband, Abdallah Kayizzi) that was claiming ownership of 906.496 hectares. Naava and the husband were killed after they were allegedly found harvesting maize belonging to a kibanja holder, Kamanzi, not his real name, due to the sensitivity of this matter. Kamanzi is a bonafide kibanja holder born on that land in 1975. He has been in and out of prison for owning a Kibanja on a piece of land ‘owned’ by Naava’s family.

In Uganda, Kibanja ownership is defined under the Land Act Cap 227, (Section 29(1)(a)(i) as a lawful occupant falling within registered land particularly described as Mailo land tenure system, while a landlord kis referred to as a property owner (including their authorized agent) who rents or leases that property (such as land, houses, or apartments) to another party in exchange for rent payments according to the Landlord and Tenant Act, 2022.

According to sources, Naava Milly Namutebi, now the deceased, has been an ‘administrator’ of the family estate however, since she assumed that responsibility in 2011, she has never gotten to terms with families she found already owning bibanja on their land.

The land has over 4000 bibanja holders, and it covers 16 villages such as 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.

Because of endless disagreements, the deceased, on several incidents, would hire police officers from Mubende district police, army offices at Kabamba Army Barracks based in Mubende district, and private security guards to carry out arbitrary arrests, and detention, imprisonment, to carry out forced land evictions and to provide security to her (Naava) while harvesting food crops with impunity belonging to bibanja holders such as maize. All this impunity has been exercised, under the watchful eyes of the police, officers at the Director of Public Prosecution in Mubende district, Judicial officers in Mubende district, and elected leaders.

On different occasions, the late Naava could be arrested under the orders of heads of several organs and agencies of government. For instance, the former Inspector general of police fired top heads of Mubende police for failing to restrain her (Late Naava) from harassing bibanja owners, and the commission of inquiry arrested her plus her accomplices for forging documents used to evict 3,000 people from a private mailo land in Mubende district and many other incidents. However, these arrests would not deter the late from continuing her conduct.

Due to the ongoing criminalization of activities of smallholder farmers in Uganda by individuals who are politically connected, on Friday, the 24th of June, 2022, Mubende district chief magistrate court set free six community land rights defenders (victims of late Naava) who were facing murder charges and had been on remand without trial since 2019. Their release came after the Director of Public Prosecution (DPP) withdrew murder charges against the six defenders for several reasons.

With the high levels of impunity in Uganda, at around 6:00 am, late Naava, her late husband, and their casual laborers rounded up, roped Kamanzi inside his house, descended to his kibanja, and started harvesting his maize.

According to sources, news of roping Kamanzi circulated in many villages. It was estimated that between 7:00 am and 7:30 am local time, a group of unknown people, allegedly found late Naava and her group harvesting Kamanzi’s maize. Naava and her husband were attacked and hacked to death.

Witness Radio Uganda has monitored and documented instances of human rights violations and abuses committed against bibanja holders and community land rights defenders who were arbitrarily arrested and detained in ungazetted detention centers and tried under kangaroo court established by late Naava and her group, peasants farm field got slashed down, many got coerced to sign documents that would take away their rights as Bibanja holders.

Failures by ministries, government departments and agencies and state organs to restrain late Naava from exercising excessive authority targeting bibanja holders and community land rights defenders have cost lives.

Several years ago, Witness Radio – Uganda documented many land related murder cases because government offices were absent, and where they are present, majority of them take sides to protecting the rich.

Uganda is witnessing a widening gap of land inequality, and if not addressed, Uganda may experience a civil war resulting from land conflicts.

 

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Businesses, banks and activists resist EC plans to strip back human rights legislation

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Today the European Commission introduced their ‘Omnibus simplification package’ to amend key laws of the EU Green Deal, including CSDDD, CSRD and Taxonomy. The package proposes significant changes, including the removal of civil liability provisions in the CSDDD and removing 80% of companies from scope in the CSRD.

The earlier announcement from the European Commission as well as the leaked draft to reform recently-agreed EU laws such as the CSDDD has already come under attack from businesses, expertsinvestors and activists alike.

The UN Global Compact and companies including Unilever, Vattenfall and Nestlé have also expressed their concern. Nestlé Europe’s Bart Vandewaetere said that it had “been reporting on [environmental impact and human rights issues in the supply chain] ourselves for years. European regulations mean that more companies have to start doing that. That creates a level playing field and we welcome that.”

Former president of Ireland Mary Robinson added: “Von der Leyen’s new Commission’s attempt to eviscerate these sustainability laws must not be agreed by the European Parliament and by the member states.”

The European Banking Federation warned that weakening the CSRD could create challenges for banks, echoing concerns from more than 160 investors who cautioned that the Omnibus package could harm investment and increase legal uncertainty.

CSOs such as the European Coalition for Corporate Justice (ECCJ)WWF and the Clean Clothes Campaign have also sharply criticised the proposal. The ECCJ writes the proposal is “not simplification, but full-scale deregulation designed to dismantle corporate accountability”.

Workers’ organisations and trade unions from garment-producing countries across Asia, Europe and Latin America also opposed the ‘Omnibus’ this week, highlighting the risk the proposal will “exclude most supply chain workers” including 49 million home workers.

Source: Business & Human Rights Resource Centre

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The CSOs’ Appeal to hear the EACOP case on merit is a crucial development, with the ruling now awaited.

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By Witness Radio team.

The Appellate Division of the East African Court of Justice (EACJ) has heard an appeal filed by four civil society organizations (CSOs) challenging the dismissal of their case against the East African Crude Oil Pipeline (EACOP).

The appeal, filed by four civil society organizations (CSOs), seeks to reconsider the case on its merits after the First Instance Division of the EACJ dismissed it in November 2023 on procedural grounds.

The case was before Justice Nestor Kayobera, Justice Kathurima M’Inoti, Justice Anita Mugeni, Justice Barishaki Bonny Cheborion, and Justice Omar Othman Makungu.

The East African CSOs, Center for Food and Adequate Living Rights (CEFROHT), Africa Institute for Energy Governance (AFIEGO), Natural Justice (NJ), and Centre for Strategic Litigation (CSL), argued that the lawsuit was dismissed unfairly and that the First Instance Court had improperly evaluated the evidence before making its ruling.

According to CSOs, the EACOP project, if implemented, could lead to significant environmental damage, endangering local livelihoods, water supplies, and biodiversity. This includes potential oil spills, disruption of ecosystems, and contamination of water sources. They further assert that TotalEnergies, China National Offshore Oil Corporation (CNOOC), and the governments of Tanzania and Uganda failed to provide a sufficient risk assessment for the project and to adhere to international human rights norms.

The EACOP project is a significant pipeline initiative spanning over 1,400 kilometers, designed to transport crude oil from Uganda’s Lake Albert region to the Tanzanian port of Tanga. The project is a joint venture of TotalEnergies and China National Offshore Oil Corporation (CNOOC) in partnership with the governments of Uganda and Tanzania.

During the appeal hearing in Kigali, Rwanda, the CSOs’ lawyers, known for their expertise, presented robust arguments against the First Instance Court’s dismissal of the case.

Counsel David Kabanda, one of the CSOs’ lawyers, argued that the First Instance Court had overstepped its role by evaluating evidence when considering the preliminary objection raised by the Tanzanian government, which claimed the case was time-barred. He emphasized that determining a preliminary objection should not require examining evidence.

The CSOs’ legal team also emphasized that the case had been filed promptly under the EAC Treaty, a key legal instrument that allows individuals in East African countries to challenge unlawful acts within two months of their enactment or upon gaining knowledge of such acts.

They also urged that the court should have examined other, non-time-barred portions of the case if a portion of it was dismissed on time-barred grounds.

The CSOs also raised the First Instance Court’s ruling to award costs to the Tanzanian and Ugandan governments and the East African Community Secretary General (EAC). They contended that a decision like this may deter future public interest lawsuits, particularly those involving human rights and the environment, as it could set a precedent of penalizing those who advocate for public welfare.

Lawyer Rugemeleza Nshala cautioned that charging in public interest cases, particularly those involving the environment and human rights, could have a “chilling effect” on those seeking justice. “The case that was filed affects the people, and this is why we have all these people in court today,” he said.

After hearing arguments from both sides, including legal representatives for Uganda, Tanzania, and the EAC Secretary General, the appellate judges reserved their ruling, stating that it would be delivered “on notice.”

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As Uganda awaits the Energy Efficiency and Conservation law, plans to develop a five-year plan are underway.

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By Witness Radio Team.

Kampala, Uganda—The Ministry of Energy and Mineral Development (MEMD) is developing a comprehensive five-year Energy Efficiency and Conservation Strategy and Plan for Uganda (EECSP). This plan, which is expected to be completed in June 2025, aims to enhance energy efficiency and conservation efforts in Uganda. Uganda has no law governing the manufacture, distribution, and use of clean cooking technologies.

The plan is expected to be aligned with national priorities, foster partnerships, and secure stakeholder buy-in for effective implementation and long-term sustainability.

In Uganda, over 90% of household energy consumption relies on biomass, a practice that is contributing to massive deforestation. This deforestation threatens our natural habitats, worsens climate change, and increases air pollution. To address these challenges, the government wants to improve energy supply, reduce greenhouse gas emissions, and expand green energy solutions in rural areas, ensuring access to affordable and clean energy.

James Banaabe said that the government, through the Energy Ministry, has hired their firm, Castle Group of Consultants, to develop the strategy. He explained that the goal is to create an actionable plan to enhance energy efficiency across various sectors in Uganda, including industries and buildings.

“We need to develop solutions that help sectors reduce their energy bills while promoting efficiency,” he noted during a consultative meeting attended by key stakeholders, including government agencies, private sector actors, civil society, academia, and end users, which provided active and meaningful insights into the development process.

Funded by the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ), the plan seeks to set realistic, achievable energy efficiency targets across key sectors such as industry, transport, residential, and commercial, identify key areas for improvement, develop an environmental strategy, and recommend actionable measures to enhance energy efficiency and conservation.

Engineer Simon Kalanzi, Energy Efficiency and Conservation Department Commissioner at MEMD, emphasized the crucial role of continuous stakeholder engagement. “The energy efficiency strategy and plan rely on broad stakeholder engagement to ensure inclusivity, relevance, and effective implementation. Your involvement is key to addressing market barriers, sharing knowledge, and building capacity to incorporate local and international expertise,” he stated further.

The strategy will yield significant benefits over the next decade, including a promising future with steady and responsible energy usage across targeted sectors.

David Birimumaaso, a principal officer at MEMD, highlighted that the strategy would support the implementation of the Energy Efficiency and Conservation bill, which is already before Parliament. “This law mandates everyone to be mindful of energy conservation,” he added.

On February 4, 2024, the State Minister for Energy, Hon. Sidronius Opolot, tabled the Energy Efficiency and Conservation Bill, 2024. The bill seeks to regulate energy consumption, curb waste, and promote sustainable cooking technologies. According to the bill, no regulations currently govern the manufacture, distribution, and use of clean cooking technologies.

 

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