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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.

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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.

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: A missing community environmental defender was found dumped by the roadside.

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By Witness Radio team.

An environmental human rights defender abducted five days ago while in Kampala has been found abandoned on a roadside in Kyenjonjo district, Witness Radio has confirmed.

Speaking to Witness Radio, a member at the Environmental Governance Institute (EGI) revealed that Stephen Kwikiriza was discovered at around 8:30 pm yesterday, abandoned on the roadside in Kyenjojo District. He added that the defender was severely beaten and is currently receiving medical attention at one of the hospitals in the country.

“We learned from his wife, whom he called, that he had been dumped in Kyenjojo. She informed one of our colleagues. We, therefore, had to find a means of rescuing him. He, however, was badly beaten and is not in good health,” he added.

Stephen Kwikiriza, a member of the King Fisher Project Affected Community, also working with the EGI, was abducted in Kampala by plain-clothed men, believed to be from Uganda Peoples Defense forces (UPDF) on 4th of June 2024 Tuesday morning.

According to sources, upon his (Stephen) abduction, he managed to send a text message to one of his colleagues at the Environmental Governance Institute (EGI), a local organization supporting project-affected persons, which reported a missing person.

The Kingfisher project is an oil project in western Uganda on the shores of Lake Albert, developed by the Chinese company China National Offshore Oil Company (CNOOC), of which TotalEnergiesis the main shareholder. The project will extract oil and be transported by the East African Crude Oil Pipeline (EACOP).

According to a statement from the Stop EACOP Coalition members, Stephen had been receiving various threats from UPDF officers deployed in the Kingfisher area. The coalition members believe these threats are retaliation for being outspoken against human rights abuses and the threats to his community’s livelihood posed by the Kingfisher oil project.

His abduction comes barely a few weeks after the forceful arrests of the seven environment activists namely Barigye Bob, Katiiti Noah, Mwesigwa Newton, Byaruhanga Julius, Ndyamwesigwa Desire, Bintukwanga Raymond, and Jealousy Mugisha.

On May 27th, 2024, the seven were arbitrarily rounded up by armed police in Kampala outside the Chinese Embassy in Kampala, Uganda while delivering a protest letter to the Chinese Ambassador to Uganda calling for his government not to fund a disastrous project.

On June 8, 2024, over 115 international civil society organizations wrote a statement in response to Kwikiriza’s abduction calling upon the Ugandan authorities to ensure the immediate and unconditional release of Stephen Kwikiriza.

In the statement signed by Both Ends, Bank Track, and SOMO among others, they called on Ugandan authorities to cease all forms of harassment of civil society organizations and community members living in and speaking out on the EACOP Kingfisher project and all other related oil projects, including the Tilenga project, and guarantee in all circumstances that they can carry out their legitimate human

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Seven Environmental activists against EACOP have been charged and released on police bond.

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By Witness Radio team.

Jinja Road police have preferred a charge of unlawful assembly against the seven environmental activists brutally arrested on May 27th, 2024, by armed police in Kampala for protesting against the intended financing of the East African crude oil pipeline project (EACOP) by the Chinese gov’t.

Section 66 of the Penal Code Act Cap. 120, states that any person who takes part in an unlawful assembly commits a misdemeanor and is liable to imprisonment for one year upon conviction.

The seven include Barigye Bob, Katiiti Noah, Mwesigwa Newton, Byaruhanga Julius, Ndyamwesigwa Desire, Bintukwanga Raymond, and Jealousy Mugisha. The group got arrested outside the Chinese Embassy in Kampala, Uganda in an attempt to deliver a protest letter to the Chinese Ambassador to Uganda calling for his government not to fund a disastrous project.

On May 27th, seven protesters chose to sit outside the embassy, vowing not to leave until embassy officials received their protest letter, which contained grievances and demands. However, this did not happen. Instead, the police swung into action, brutally rounding up the protesters before throwing them into a police patrol and taken to Jinja Road police. The arrest occurred before any embassy officials had engaged with the protesters.

According to activists, the EACOP project has caused severe human rights violations, poses significant environmental risks, and will contribute to the climate crisis.

The EACOP is a project spanning 1,443km from Kabaale, Hoima district in Uganda to the Chongoleani Peninsula near Tanga Port in Tanzania. It aims to transport oil from Uganda’s Lake Albert oilfields to global markets via the port of Tanga.

According to Uganda’s State House website, President Yoweri Kaguta Museveni on Thursday, April 4th, 2024, received a letter from the President of the People’s Republic of China, His Excellency Xi Jinping, expressing his unwavering support for the East African Crude Oil Pipeline Project (EACOP).

“Your Excellency, I received your letter, and I am very happy to let you know that I am in full support of EACOP. I believe that it will enhance socio-economic development for the region. I am confident that with the strong cooperation between our nations, this project will be a success,” message President Museveni on his X platform read in part.

On Saturday last week, Civil Society Organizations advocating for energy just transition, climate and environmental conservatism, and land justice addressed the media and appealed to the Chinese President to drop his interest in funding the EACOP pipeline after several banks and insurance companies had abandoned the Total-led project.

The government of China has now joined the list of entities, including Total Energies, in funding the controversial and potentially disastrous project that has continued to criminalize those who speak about its negative impacts.

The seven activists will report back to Jinja Road police station on June 4th, 2024.

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: Over 600 attacks against defenders have been recorded in the year 2023 globally- BHRRC report.

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By Witness Radio-Uganda.

The attacks and criminalization of land rights defenders, environmental activists, and climate activists have become common tactics employed by the authorities in the world to silence, suppress opposition, and perpetuate impunity against those that protect the climate, environment, and land rights.

The escalating scale of attacks against people defending our rights and climate from business-related harms, according to the report by Business and Human Rights Resource Centre in 2023 titled People power under pressure: Human rights defenders & business in 2023 shows the failure of governments to protect human rights and illustrates how voluntary action by companies and investors is insufficient to prevent, stop and remedy harm.

The report documented 630 instances of attacks directly affecting an estimated 20,000 people, raising concerns about business-related harms in the whole World where over three-quarters (78%) of these attacks were against people acting to protect the climate, environmental, and land rights.

According to the report, many attacks involved collusion between state, private sector, and other non-state actors occurring in contexts where there are high levels of impunity, adding that the direct perpetrators of attacks were largely state actors, with police and judicial systems being the most common perpetrators, followed by the military/armed forces. The highest number of attacks were connected with the mining (165), agribusiness (117), and oil, gas & coal (112) sectors.

According to the Resource Centre, Brazil leads the tally in the World with the highest number of attacks on HRDs challenging corporate harm in 2023 with (68) cases followed by, India (59), Mexico (55), Honduras (44), the Philippines (36), USA (27), Iran (24), and Colombia (22), among others.

In 2023, 86% of the cases we tracked were non-lethal including arbitrary detention (157), physical violence (81), intimidation and threats (80), strategic lawsuits against public participation (38), and others. The Resource Centre also recorded 87 killings of defenders speaking out about business-related harms in 2023. Additionally, the Centre has revealed most attacks – both lethal and non-lethal against HRDs go uninvestigated and unpunished, promoting a culture of impunity and fueling further attacks.

In Africa, Uganda has recorded the highest number of cases, with 18 incidents reported. The East Africa Crude Oil pipeline stands out as a focal point for most of these attacks, with individuals opposing this major infrastructure project being targeted by the state.

The report revealed one of the incidents where the Police officers refused to let the students enter parliament. Most were chased away, but four students, including Kajubi Maktom, were caught by police and allegedly kicked, punched, and beaten with wood, and brutally arrested. They spent the weekend in Luzira prison, where Maktom contracted tuberculosis, before being charged with public nuisance and released on bail. Since then Maktom has continued to receive threats from unknown persons.

Several reports including those of Human Rights Watch, Frontline Defenders, and Witness Radio among others have published reports describing patterns of arbitrary arrests, threats, office raids, and intimidation against individuals who have raised concerns about EACOP and other oil developments in Uganda.

The 630 instances of attacks against people raising concerns about business-related harms recorded in 2023 only are part of a consistent, ongoing pattern of attacks against HRDs protecting our rights and planet globally, with more than 5,300 attacks recorded since January 2015 by the Resource Centre.

The report calls upon States to fulfill their duty to protect the rights of HRDs and for business actors to respect the rights of HRDs by taking immediate action on these recommendations.

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