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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Local communities lost over 60,000 acres of land to grabbers at a time Witness Radio – Uganda was under a suspension.

Published

3 years ago

on

By Witness Radio Team.

In our breaking article published last week, Witness Radio and its contributors based on their data indicated that evictions rose during their suspension. According to the data, over 300,000 people’s livelihood was at stake as their land was on the verge of being grabbed. However, the new findings by the team reveal that 50,000 Ugandans were evicted. The evictions left the communities impoverished, homeless, hungry, disintegrated, and lost their livelihood.

Recently Witness Radio’s suspension was lifted as the National Bureau of non-government organizations licensed it to operate as a non-governmental organization. However, one of the chilling evictions transpired in Nyamutende and Kikungulu villages around the 3rd of September 2021. Over 20 residents slept in the cold after they were evicted at gunpoint by a multinational, Kiryandongo Sugar Company Limited.

“The soldiers guarding the company come from nowhere, they were tough and did not talk to us but only destroyed everything they found,” Mr. Olupot James, one of the evicted residents recounts the ordeal in an interview with Witness Radio.

When the area chairperson Mr. Ochola Charles intervened to stop the evictions, he said he was threatened to be shot at.

“Their manager whom we identified as Peter instructed the soldiers to shoot at me. He argued that I had no reason to stop them from doing what they are doing. But am the area chairperson who has to know what is happening in my community. This is the impunity we are fighting but the companies seem to be protected,” Mr. Ochola wondered.

In Katusiime William’s community, Kisalanda village in Kiryandongo district, his family is among the many that Agilis Company has recently evicted. Katusime who is protected by law as a bona fide occupant was evicted from the land claimed by the company. His family occupied the said land in 1975.

According to Uganda land law, a person who settled and utilized the land unchallenged by the registered owner for twelve years or more before the coming into force of the 1995 Constitution is protected by law as a bona fide occupant.

In an interview we held with him a fortnight back, he said he was attacked by 18 people consisting of 8 armed policemen, 7 private security guards, and 3 government soldiers, who destroyed his cassava plantations and a son’s house. They immediately ordered them to leave their land.

When we contacted Mr. Johny Masagazi, the Corporates Manager for Kiryandongo Sugar and Agilis’ Communications Corporates Manager, Mr. Emmanuel Onyango denied evicting residents.

These systematic and forceful evictions have ravaged smallholder farming communities since the suspension. These evictions have continued in Mubende, Kyankwanzi, Kikuube, and Kiryandongo districts.

In the Mubende district, families continue to be displaced and terrorized by Formosa, a tree planting company accusing them of occupying their land illegally.

According to Witness Radio’s legal officer, Ms. Sarah Adongo, none of the evictions that happened during their suspension was peaceful and neither followed the required legal eviction guidelines.

“In some communities, land rights defenders were kidnapped and whisked away, tortured purposely to instill fear among the people they lead. The evictors always use extreme force that is un-called-for yet eviction directives clearly state that the evictions shall be carried out in a manner that respects the dignity, right to life, property, and security of all persons affected.” She said.

“Persons to be evicted shall be allowed to remove illegal structures and where a person does not comply, the eviction shall be carried out. Evictions should be carried out on weekdays from 8:00 am to 6:00 pm. But cases are seen happening at night without complying with any orders, and particularly without valid legal notices.” She added.

Concerning the forceful evictions, over 60,000 acres of land were grabbed by the big shots in government and local or foreign investors. Research by Witness Radio indicates that most of the grabbed land is used for large-scale commercial agriculture, industrialization, or what the government calls development projects which have disrupted people’s livelihoods.

Katusiime and Olupot’s communities form part of the 50,000 people. Katusiime described the current situation as hell. Mr. Katusime had over 150 acres that were grabbed by the company. “I am useless without my land. I used to provide for my family. We used to eat well”. He grieved.

Currently, 90 community land rights defenders in only four districts namely Kyankwanzi, Mubende, Kikuube, and Kiryandongo are facing unscrupulous charges over multiple resistance to land grabbing.

The Head Legal at Witness Radio, Mrs. Bulyerali Joan, one of the lawyers who were arrested while collecting evidence in Kiryandongo district in 2020 to pin multinational land grab in court said police and army are in bed with the investors to cause fear within the oppressed communities by arresting and charging them.

She noted that the Kiryandongo district is one of the areas where the criminal justice system has been used to kidnap, torture, and arrest land rights defenders, and the main perpetrator is the Uganda Police Force which tortures eviction victims, arbitrarily arrests and dumps them in police cells only to be falsely charged with abusive criminal charges. She added that at the time of the organization’s suspension, the defenders could not be represented in court or while in police cells.

Our attempts to speak to the Uganda Police Force’s spokesperson Fred Enanga on his known contact for comment on the increased arrests were futile since our repeated calls were neither received nor returned by press time.

Related posts:

Breaking: over 350,000 acres of land were grabbed during Witness Radio – Uganda’s seven months ban. Witness Radio Uganda wins the best CSO land rights defenders award at the National Land Forum Awards. ……Special Report abridged testimony…… How a pregnant woman was beaten by multinationals and local police over her land… …..Special Report; Abridged testimony….. Arbitrary arrested and detained for representing PAPs; an experience of the Witness Radio – Uganda lawyer Local land grabbers evict villagers at night; foreign investors cultivate the same lands the next day
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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: Buganda Road Court grants bail to 15 stop EACOP activists after 30 days in prison.

Published

2 weeks ago

on

December 11, 2024

By

By Witness Radio team.

The Magistrate at Buganda Road Court has granted non-cash bail to 15 stop EACOP activists from Kyambogo and Makerere University Business School (MUBS) Universities. They spent 30 days in detention at Luzira Maximum Security Prison on charges of common nuisance.

After the defense lawyers successfully applied for bail, on 10th December, the trial magistrate, Her Worship Nankya Winnie, granted a non-cash bail of 500,000 Uganda Shillings (approximately 136.50 USD) for each activist and their sureties.

The hearing of the bail application for the EACOP activists flopped yesterday. It was adjourned after it was reported that the then-presiding magistrate, Her Worship Sanula Nambozo, had been transferred to another duty station and replaced by Her Worship Nankya Winnie.

The accused activists are all young students from the universities mentioned above. The students include Simon Peter Wafula, Gary Wettaka, Martin Sserwambala, Erick Ssekandi, Arafat Mawanda, Akram Katende, Dedo Sean Kevin, Noah Katiti, Oscar Nuwagaba, Oundo Hamphrance, Bernard Mutenyo, Nicholas Pele, Shadiah Nabukenya, Shafiq Kalyango, and Makose Mark.

They were arrested in early November 2024 for protesting the East African Crude Oil Pipeline (EACOP) project in Kampala, Uganda’s capital. The EACOP project, a major oil pipeline, has been controversial due to its potential environmental impact, including the risk of oil spills and deforestation, and the alleged human rights violations associated with its construction, such as forced evictions and land grabbing.

Despite the risks, the activists marched to Uganda’s Parliament to meet the Speaker and raise concerns about the EACOP project. The peaceful march reiterated numerous concerns raised by civil societies and the European Parliament about the project’s negative impacts.

The EACOP project, which will transport crude oil from Uganda’s Albertine region to Tanzania’s Tanga seaport, has been criticized for delayed compensation for affected persons and secretive agreements. The potential impact on the environment and human rights is a cause for concern.

On 11th November, the accused were charged with common nuisance. Section 160 (1) of the Penal Code Act states that anyone charged with common nuisance is liable to one-year imprisonment on conviction. This charge, frequently imposed against individuals peacefully protesting in Uganda, has notably been used against Stop EACOP activists. While common nuisance addresses acts causing inconvenience or disruption to the public, it is crucial to emphasize that the accused were engaged in peaceful protest, causing no harm or disturbance.

The prosecution alleges that on 11th November 2024, the accused gathered at Parliamentary Avenue, peacefully expressing their dissent and causing no harm. Yet, they were charged with common nuisance, which seems unjust given their peaceful protest. It’s important to note that their protest was non-violent and aimed at raising awareness about the potential negative impacts of the EACOP project.

The court has adjourned the case to 16th January 2025 for a hearing.

Related posts:

Buganda Road Court will hear a bail application for 15 EACOP activists today. Breaking: The Bail Application for the 15 EACOP Activists flops for the second time, as the trial magistrate is reported to have been transferred. A bail application for the 15 EACOP activists failed to take off, and they were remanded back to Prison. Breaking: 15 Anti-EACOP Activists have been charged with common nuisance and remanded to Luzira prison. Breaking: Mwanga II Court grants bail to two defenders and a Project Affected Person (PAP).1
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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: The Bail Application for the 15 EACOP Activists flops for the second time, as the trial magistrate is reported to have been transferred.

Published

2 weeks ago

on

December 10, 2024

By

By Witness Radio team.

A bail application for the 15 EACOP activists from Kyambogo and Makerere University Business School (MUBS) Universities currently on remand at Luzira Maximum Prison on charges of common nuisance has flopped for the second time due to the absence of the presiding magistrate.

The prosecution stated that the bail application could not proceed because the presiding magistrate, Her Worship Sanula Nambozo, had been transferred to another court. As a result, the case file was allocated to a new magistrate, Her Worship Nankya Winnie. She rescheduled to hear the bail application for today, October 10th, 2024, at 9 a.m. EAT.

The bail application for the 15 activists has faced yet another setback, marking the second failed attempt.

This delay in the bail application process means that these young students continue to be held in remand at Luzira Maximum Prison, a situation that is undoubtedly taking a toll on them. On November 16th, 2024, the bail hearing was disrupted due to the absence of two student activists, Wafula Simon and Kalyango Shafik. During that court session, the prosecution informed the court that both individuals were unwell, suffering from red eyes, and had been placed in isolation at the prison hospital.

The activists on remand, all young students, include Simon Peter Wafula, Gary Wettaka, Martin Sserwambala, Erick Ssekandi, Arafat Mawanda, Akram Katende, Dedo Sean Kevin, Noah Katiti, Oscar Nuwagaba, Oundo Hamphrance, Bernard Mutenyo, Nicholas Pele, Shadiah Nabukenya, Shafiq Kalyango, and Makose Mark.

The 15 were arrested in early November 2024 for protesting against the East African Crude Oil Pipeline (EACOP) project in Kampala, Uganda’s capital. The EACOP project, a major oil pipeline, has been a subject of controversy due to its potential environmental impact and the alleged human rights violations associated with its construction.

Despite the risks, the activists marched to Uganda’s Parliament to meet the Speaker of Parliament and raise concerns about the EACOP project. Their persistence in the face of adversity is truly inspiring.

The EACOP project, which will transport crude oil from Uganda’s Albertine region to Tanzania’s Tanga seaport, has been criticized for delayed compensation for affected persons and secretive agreements. The potential impact on the environment and human rights is a cause for concern.

On November 11th, the accused were charged with common nuisance. Section 160 (1) of the Penal Code Act states that anyone charged with common nuisance is liable to one-year imprisonment on conviction. The charge of common nuisance is often used in cases where individuals are accused of causing inconvenience or disruption to the public, but it is important to note that the accused were peacefully protesting and causing no harm.

The prosecution alleges that on November 11th, 2024, the accused gathered at Parliamentary Avenue, peacefully expressing their dissent and causing no harm. Yet, they were charged with common nuisance, a charge that seems unjust given their peaceful protest.

The third attempt for the bail application of the 15 activists has been rescheduled for hearing today at 9 a.m. EAT before Her Worship Nankya Winnie of the Buganda Road Court.

Related posts:

Buganda Road Court will hear a bail application for 15 EACOP activists today. A bail application for the 15 EACOP activists failed to take off, and they were remanded back to Prison. Breaking: 15 Anti-EACOP Activists have been charged with common nuisance and remanded to Luzira prison. Breaking: 15 Anti-EACOP Activists Arrested in Kampala While Marching to Parliament Breaking: Mwanga II Court grants bail to two defenders and a Project Affected Person (PAP).1
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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Buganda Road Court will hear a bail application for 15 EACOP activists today.

Published

2 weeks ago

on

December 9, 2024

By

By Witness Radio team.

A bail application for the 15 EACOP activists from Kyambogo and Makerere University Business School (MUBS) Universities currently on remand on charges of common nuisance will take off today.

On November 16, 2024, attempts to apply for bail for the 15 students flopped due to the absence of two activist students in court.

The prosecution informed the court that Wafula Simon and Kalyango Shafik were sick and suffering from red eyes. They were placed in an isolation room in the prison hospital, thus causing a setback to earlier bail application attempts.

The activists on remand, all young students, include Simon Peter Wafula, Gary Wettaka, Martin Sserwambala, Erick Ssekandi, Arafat Mawanda, Akram Katende, Dedo Sean Kevin, Noah Katiti, Oscar Nuwagaba, Oundo Hamphrance, Bernard Mutenyo, Nicholas Pele, Shadiah Nabukenya, Shafiq Kalyango, and Makose Mark.

They were arrested in early November 2024 for protesting against the East African Crude Oil Pipeline (EACOP) project in Kampala, Uganda’s capital. The activists, undeterred by the risks, were marching to Uganda’s Parliament to meet the Speaker of Parliament and raise concerns about the EACOP project, including the continued gross human rights violations/abuses, the significant threat it poses to the environment, and the criminalization of the mega project’s critics.

The EACOP project will transport crude oil from Uganda’s Albertine region to Tanzania’s Tanga seaport. The project has been criticized for delayed compensation for affected persons and secretive agreements.

On November 11, the accused were charged with common nuisance. Section 160 (1) of the Penal Code Act states that anyone charged with common nuisance is liable to one-year imprisonment on conviction.

The prosecution alleges that on November 11, 2024, the accused gathered at Parliamentary Avenue, peacefully expressing their dissent and causing no harm, yet they were charged with common nuisance. They were accused of causing disruption and inconvenience by holding an unauthorized demonstration on the road while displaying placards and banners opposing the oil pipeline.

The bail application for the 15 activists will be presented before Her Worship  Sanula Nambozo the Grade One Magistrate of Buganda Road Court.

Related posts:

Some of the 15 activists standing in the court dock.
A bail application for the 15 EACOP activists failed to take off, and they were remanded back to Prison. Breaking: 15 Anti-EACOP Activists have been charged with common nuisance and remanded to Luzira prison. Mubende Land Grab: Anxiety as court finally fixed a date to hear bail application for seven Formasa victims Mubende Land Grab: Judge declines to hear bail application, sends suspects back to prison Breaking: 15 Anti-EACOP Activists Arrested in Kampala While Marching to Parliament
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