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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

More women are going to be sexually abused and forced to lose their land to the rich/investors as Uganda goes into a semi lockdown of 42 days

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Opondo entering with a bicycle in her muddy thatched house.

By witnessradio.org Team

Opondo Cathy, (not real name due to the sensitivity of the matter), has never owned even a small radio in her entire life. This is a clear indication that the villager may not be aware of critical developments in the country. And this does not come as a shock, since the first time she heard the news of the COVID-19 in Uganda was when she visited her neighbor who’s 500 meters away from her home, barely a month after Uganda had even registered a first case COVID-19.

Little did she know that land grabbers would take advantage of the lockdown to sexually abuse and humiliate, subdue demolish her house and grab her land.

Before COVID-19 misfortune struck, Opondo lived peacefully on her 6-acre piece of land, where she used to grow crops like banana, cassava, beans, and maize for both home consumption and sale. And experienced a happy life in her muddy structured house with her four children.

She could properly feed her family, and offer basic needs, but now, she rents in a nearby village, working like Trojans to find ends meet.

There were many violent attempts to evict her and others on their land but they would always resist. This time around, the grabbers resorted to sexually abuse her because she’s a woman as a tool to weaken the poor lady and force her to leave the only source of income.

According to her, a dozen of women and young girls have been sexually abused and harassed in their area, because they resisted surrendering their land to the company.

“We withstood all their beatings, destruction of our property, arrests, but the rape thing was intolerable,” she adds while weeping.

On the fateful day of 18th August 2020, Opondo had gone to pick her pieces of stuff at a nearby Bweyale town. While returning home at about 8:00 pm, she was attacked and sexually abused by a private security guard attached to one of the multinational companies involved in large-scale agribusinesses. The rapist attacker her from behind and tried to strangle her neck and grabbed her mouth, and hit her to the ground.

“I struggled with him, but he overpowered me, he put me down and raped me. I yelled louder for my rescue, but the neighbors were far. As soon as the rapist had them coming, he ran away,” she adds.

“The louder yelling brought those nearby to come to my rescue, they did not even bother to ask me what had happened, because I already looked victimized. They decided to look for the rapist. Whereas I had a walking disability after the horrific incident, we went to the company offices where I always used to see him but unfortunately, he was not there,” she further reveals.

During the first lockdown, public transport had been banned, which made it hard to reach out to a police post for help since it was distant.

After two days, Opondo managed to get to the area police to report the incident. In her own words, the officer on duty (a policeman) asked her if she had evidence and if that was not assaulted. When she asked for a police medical form to be examined, she was referred to a nearby Health Centre Three (III) with a small chit of a paper indicating that she was assaulted not raped. On meeting the medical officer, she handed over the chit and was examined on grounds of assault, not rape.

“I could hardly walk and had severe pain in my genital organs, which even a blind person could see, but because the police work with the multinational companies to evict us, they said I was only assaulted not raped, the mother of four adds.

According to Opondo, she had already received several threats and warnings from the agents of her evictors (Agilis Partners Limited). “They used to tell me, if I don’t leave the land I should not regret what will happen to me. Indeed I now regret,” she reveals.

Despite being raped is not even enough, her house was later torched by agents of Agilis Partners who claimed that she had illegally occupied their land. On that day they (her family) slept in cold and exposed to vagrancies of nature.

Agilis Partners Limited is among the three multinational companies that have violently and illegally evicted the poor communities off their land in Kiryandongo district without a court order or following due processes.

Other multinationals include Great Seasons SMC Limited, solely owned by a Sudanese investor based in Dubai, and Kiryandongo Sugar Limited owned by RAI Dynasty.

In the same village, Opondo and others, close to 100 were evicted to pave way for large-scale grain and oilseeds farming business. The company claimed it had lawfully acquired the land.

“I am an emotional wreck, my life was ruined, if I can’t afford to provide for my family, do I have any meaning?” she angrily asks.

“I always burned the candle at both ends to be able to provide for my family, but all their dreams were shuttered, they no longer attend school. I had no money to feed them and had to transfer them to the village, they currently live with their 78 aged grandmas somewhere in northern Uganda”, she adds.

Although the kids were transferred, they face a lot of destitutions due because of the grandmother who can hardly meet their basic needs.

“Even when they went to the village I still the caretaker of the family. I do distasteful works that I don’t want them to know,” she reveals.

While Uganda starts its 42 days semi- COVID-19 lockdown, it is notably clear that a significant number of Ugandans will be sharing the same eviction stories as Opondo’s.

Research findings from Witness Radio show more than 50,000 people across Uganda were subjected to sexual and gender based violence, illegally evicted off their land during the first COVID-19 lockdown, further more women and girls suffered most.

Shortly after Uganda went into a total lockdown on March, 18th 2020, the government through the ministry of Lands, Housing and Urban Development halted all land evictions throughout the lockdown to comply with the president’s directive of staying at home, but, the evictions suddenly increased as the pandemic gave a total advantage to the opportunists to easily access millions of hectares with the backing of the government and other influential politicians in the country. The first lockdown was later relaxed in mid-August, the same year.

Now, Uganda announced a second semi-lockdown on 6th, June 2021 for 42 days where schools, Worshipping places and inter-district public transport have been burned.

President of Uganda Mr. Yoweri Museveni on a televised address announced 40 new measures to curb the second wave of the pandemic. Among them include, the closure of schools, ban of communal prayers, and public gatherings/workshops all for 42 days, inter-district travel banned for 14 days, private vehicles limited to just 3 people including the driver, and many other measures.

Currently, Uganda has 53,961 COVID-19 confirmed cases, 383 deaths and 47,760 have recovered from the disease.

According to witness radio, evictions will not only live many Ugandans landless but also puts them at higher chances of being sexually abused by people who are supposed to protect them.

Experts say that in a pandemic, an eviction is particularly dangerous, leading a person to double up with friends and family in a crowded housing situation that easily accelerates the virus’ speed.

With no guidelines at the moment to protect indigenous and poor people, it is evident that tens of thousands of Ugandans will be affected by the ruthless actions of the land grabbers.

“If the grabbers managed to disregard the previous guidelines and continued to carry out their dubious schemes, what will happen to people now when there are no political heads of ministries including Land? Says, Witness Radio.

In the meantime, earlier today, the Chief Justice of Uganda, Alfonse Owiny Dollo also suspended court hearings and appearances for 42 days as a measure to curb the spread of coronavirus.

The Chief Justice said the move is in line with President Museveni’s directives on prevention and mitigation of the virus.

Whereas the closing of courtrooms makes sense for public health reasons, the delays are likely to create an overwhelming backlog of cases and have legal ramifications, since defendants are guaranteed a speedy and fair trial under the Constitution.

DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Statement: The Energy Sector Strategy 2024–2028 Must Mark the End of the EBRD’s Support to Fossil Fuels

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The European Bank for Reconstruction and Development (EBRD) is due to publish a new Energy Sector Strategy before the end of 2023. A total of 130 civil society organizations from over 40 countries have released a statement calling on the EBRD to end finance for all fossil fuels, including gas.

From 2018 to 2021, the EBRD invested EUR 2.9 billion in the fossil energy sector, with the majority of this support going to gas. This makes it the third biggest funder of fossil fuels among all multilateral development banks, behind the World Bank Group and the Islamic Development Bank.

The EBRD has already excluded coal and upstream oil and gas fields from its financing. The draft Energy Sector Strategy further excludes oil transportation and oil-fired electricity generation. However, the draft strategy would continue to allow some investment in new fossil gas pipelines and other transportation infrastructure, as well as gas power generation and heating.

In the statement, the civil society organizations point out that any new support to gas risks locking in outdated energy infrastructure in places that need investments in clean energy the most. At the same time, they highlight, ending support to fossil gas is necessary, not only for climate security, but also for ensuring energy security, since continued investment in gas exposes countries of operation to high and volatile energy prices that can have a severe impact on their ability to reach development targets. Moreover, they underscore that supporting new gas transportation infrastructure is not a solution to the current energy crisis, given that new infrastructure would not come online for several years, well after the crisis has passed.

The signatories of the statement call on the EBRD to amend the Energy Sector Strategy to

  • fully exclude new investments in midstream and downstream gas projects;
  • avoid loopholes involving the use of unproven or uneconomic technologies, as well as aspirational but meaningless mitigation measures such as “CCS-readiness”; and
  • strengthen the requirements for financial intermediaries where the intended nature of the sub-transactions is not known to exclude fossil fuel finance across the entire value chain.

Source: iisd.org

Download the statement: https://www.iisd.org/system/files/2023-09/ngo-statement-on-energy-sector-strategy-2024-2028.pdf

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Uganda: Judicial harassment of environmental and human rights activist Desire Nkurunziza

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UGA 001 / 0923 / OBS 037
Arbitrary detention /
Release /
Judicial harassment
Uganda
September 5, 2023The Observatory for the Protection of Human Rights Defenders, a partnership of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), requests your urgent intervention in the following situation in Uganda.

Description of the situation:The Observatory has been informed of the arrest and subsequent release of Desire Nkurunziza, an environmental and human rights activist and the elected leader of Nyairongo village, Kikuube district, mid-western region of Uganda. As a member of the Save the Bugoma Forest Campaign (SBFC) community task force, Mr Nkurunziza has been calling out the local and central government authorities about the deforestation of the Bugoma Central Forest Reserve, which has been leased to the Hoima Sugar Limited company, mainly for sugarcane cultivation, by the Bunyoro Kitara Kingdom, South-West region of Uganda. This project is not only affecting the biodiversity of the forest but also the local community, which has been subjected to extortion by land grabbers associated to Hoima Sugar Limited and/or its agents.

On July 16, 2023, two cars came to Desire Nkurunziza’s home in Nyairongo trading center, one of them belonging to a supervisor of Hoima Sugar Ltd and the other to an associate of the Kikuube Resident District Commissioner, both known by Mr Nkurunziza. The two men informed him that two of his village members were arrested in the forest, now a sugar cane plantation, and he agreed to go with them to help his constituents. Upon reaching the plantation, he was handed over to armed Hoima Sugar Ltd personnel, who started beating him and then recorded a video accusing him of illegally cutting down sugar cane. He was then taken to the Kikuube police station by the same Hoima Sugar Ltd car, where he was arrested on the grounds of “incitement of violence” and “criminal trespass” under Section 51 and 302 of the Penal Code Act, respectively, and detained there by the police for two days. He requested temporary release from police bond – custody -, but his request was denied.

On July 18, 2023, he applied for Court bail, which was denied even though he fulfilled all the requirements set by the Court and no reason was provided. He was then remanded to Kiryatete prison.

After reporting back to court on July 24, Desire Nkurunziza was released on Court bail. He had to pay a cash bail of 300,000 Ugandan shillings (approximately 74 Euros) in addition to satisfying all the conditions for release, with the obligation to report back on August 31, 2023, to the Chief Magistrates Court of Hoima, which is handling the matter. During his audience, the magistrate informed him that he would need to report back once again to the Court on November 2, 2023, without providing any reasons.

The Observatory recalls that the Bugoma Forest is the second biggest natural forest reserve in Uganda. In recent years, it has been claimed by the Bunyoro Kitara Kingdom, Western Uganda, which obtained a land title through irregular ways before it leased it to sugar manufacturer Hoima Sugar Limited for sugarcane cultivation, to establish an urban centre, develop eco-tourism, and restore a portion of the forest reserve. Before leasing the land to Hoima Sugar Limited, an environmental and social impact assessment (ESIA) certificate was issued by the National Environment Management Authority, in circumstances that have been contested by the Africa Institute for Energy Governance (AFIEGO) in courts of Law. The contestation is based on the allegations that the assessment was made without consulting the local community, even though this issue clearly concerns them. A trial which aims to annul the ESIA certificate is ongoing in front of the Court of appeal.

The Observatory further recalls that this is not the first time that defenders of the Bugoma Forest are targetted for their legitimate human rights activities. In September 2020, nine environmental rights defenders were arbitrarily arrested for defending the Bugoma Forest, including Venex Watebawa and Joshua Mutale, respectively team leader and Head of Programmes of Water and Environment Media Network (WEMNET), who were first arrested on their way to a radio talk show to discuss the dangers of sugar cane cultivation in the Bugoma Forest and call on peaceful protests, as well as Sandra Atusinguza, member of AFIEGO who went to the police station to negotiate their release and got arrested herself. These various acts of harassment against environmental and human rights defenders, in addition to the numerous arrests of local residents defending their right to access their own land, show the will of the local and national governments to intimidate and silence them.

The Observatory strongly condemns the arbitrary arrest and judicial harassment of Desire Nkurunziza, as well as the other above mentioned human rights defenders, which seem to be only aimed at punishing them for their legitimate human rights activities.

Source: fidh.org

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Uganda: Targeting community land and environmental defenders with criminal offenses is rising as two community land rights defenders arrested in a hotspot district of forced land evictions.

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By Witness Radio team

As land and environmental rights defenders strive to better their areas, they continue to bear the brunt of defending communities’ land rights from negative impacts brought by the development projects.

In Kiryandongo District, multinationals have increasingly chosen to adopt a strategy of criminalizing activities of community defenders who are working tirelessly to protect communities’ farming fields.

This criminalization method has captured area police units and use it to cause arbitrary arrest and detention, and prefer various offenses against community land and environmental defenders. Commonly used charges include criminal trespassing on a piece of land communities have cultivated for generations and causing damage to their own property. These actions have weakened the activism charisma of defenders and deter them from continuing with pushing back against illegal and forced land evictions. These tactics do not only undermine the legitimate work of community land and environmental rights defenders but also create an environment of fear and intimidation among those who dare to resist land grabbing and environmental degradation.

On the 22nd of August 2023, two community land rights defenders were rounded up for the seventh time in a period of two (2) years by police officers attached to Kiryandongo district police, and three workers from Great Seasons SMC Limited company Limited arbitrarily arrested and dumped in the Kiryandongo district police cells.

The defenders Barumangabo Sepriano and Ramu Ndahimana rounded -up and arbitrarily arrested from their farming fields preparing for the upcoming planting season, handicapped, and subsequently taken away.

“In the early morning hours, we were suddenly confronted by a group of armed people comprised of Kiryandongo district police personnel and individuals representing the company. Swiftly and forcefully, we were pushed into a white land cruiser bearing the registration number UBF 417C, which was later identified as the property of the evictors. Initially, the captors asserted that one of the grounds for our apprehension was our alleged trespassing on the company’s land.

However, upon arrival at the police station, the officers altered their claims and stated that we had supposedly posed threats to the company’s workers, a charge we vehemently denied. Shortly after a short period of time, another accusation of malicious damage was leveled against us. Astonishingly, we were informed that we were being held accountable for purportedly setting a structure ablaze.” One of the defenders narrated when visited by Witness Radio team at police.

The two defenders are among a group of community land and environmental rights defenders who have been on the forefront advocating for land, social and economic justice of communities in Kiryandongo district whose land is targeted for large-scale farming by multinationals.

Great Seasons SMC Limited, planting coffee on a large scale, is one of the multinational companies in the Kiryandongo district that have violently deprived communities of their rights to own land, and homes, demolished community schools, cut down food crops owned community members/families, destroyed water sources, and privately-owned health centers.

Over 35000 residents have lost their family lands after violent and forceful land evictions to pave the way for industrial agriculture. In addition to the Great Seasons SMC Limited, there are other multinationals implicated in land-grabbing activities, such as Kiryandongo Sugar Limited, Agilis Partners Limited, and Somdiam Limited.

Kiryandongo district police has preferred threatening violence, criminal trespass and malicious damage to property charges against the two (2) defenders.

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