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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

Mityana district police rounded up and arbitrarily arrested over 50 Kikuube PAPs to block them from meeting Uganda’s Prime Minister.

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By Witness Radio team

Two (2) community land rights defenders and 68 projects-affected persons from Kikuube district including children have been rounded up and arrested by Mityana district Police, Witness Radio has learned.

The community group led by Fred Mbambali and Ahumuza Busingye, were arrested from City Healing Church in Mityana Municipality, Mityana district. They were arrested on the orders of Mityana District Police Commander, Mr. Hasunira Ahmed, without being informed of the reasons for the arrest.

To seek justice and reclaim their grabbed land, the community decided to journey from the Kikuube district on Saturday, 2nd March 2024. Their objective was to petition Uganda’s Prime Minister, Rt. Hon. Robinah Nabanja, to intervene in grievances concerning forced evictions from their land and their unsuccessful attempts to regain ownership of their land that was grabbed by the officials of the Prime minister’s office for Kyangwali resettlement camp.

“On Friday, we departed from Kikuube district to Kakumiro intending to meet the Prime Minister. We aimed to convey the challenges we are facing following the unlawful seizure of our land. We sought her intervention to help us regain ownership, especially since many offices that were approached have not helped end our misery. Unfortunately, upon our arrival, we discovered she was in preparations to leave her residence. Instead, she instructed her private security team to escort us to her party’s offices (National Resistance Movement, NRM) in the Kakumiro district, assuring us that she would meet with us there. But she did not come back.” Mr. Mbambali Fred, one of the group leaders told Witness Radio.

Little did the affected community members know that their stay at the offices would be short-lived. Initially, they were welcomed by the security officers at the party offices, but their situation took a turn when the District security committee of Kakumiro led by the Resident District Commissioner (RDC), Mr. Matovu David and the District Police Commander (DPC) in the area Mr. Niyonzima Morris visited and questioned them about the reasons for their visit.

Subsequently, PAPs explained that they had been directed to wait at the offices by the Prime Minister. Despite their explanation, the Committee was skeptical and held an emergency meeting to resolve that Kikuube PAPs should leave the premises. The committee stated that the issue raised was not within the mandate of the Kakumiro district and thereafter, were asked to relocate to a different location, not within Kakumiro.

The stern Kakumiro district leaders directed the group to depart and proceed to the Office of the Prime Minister in Kampala for their meeting with her.

Shortly after being chased, they proceeded to Kampala via Mityana road, but PAPs sought to rest at one of the churches in the Mityana district. As soon as they occupied the church, Mityana district raided the premises, arrested all of them, and took them to Mityana Central Police Station, claiming that PAPs were posing a threat to the community.

“We were rounded up and arrested without being given any opportunity to explain ourselves. They didn’t even inform us of the reason for our arrest. We were kept at the police for nearly 12 hours without food. Both children and elders were starving, and the children even reached the point of crying because we were not allowed to move. It’s a double punishment to us because we haven’t committed any offense,” Ahumuza Busingye, another defender, told Witness Radio.

They were cautioned and later released without charges.

The Mityana District Police Commander, Mr. Hasunira Ahmed confirmed the arrest, stating that people neighboring the church had lodged complaints with the police about unknown individuals with a large amount of luggage occupying their premises. This led the police to arrest them.

“We received complaints about these individuals occupying a particular church, which posed a potential threat because they hadn’t obtained permission to stay there and didn’t possess a letter authorizing their movement to their destination. That’s why we intervened with an arrest, as many of them looked like rebels,” stated the Mityana District Police Commander.

PAPs arrested are part of the larger group of over 90,000 people evicted between 2013 and 2019 in 29 villagers by the office of the Prime minister (OPM) to give their land to the refugees in Katikala and Bukinda in Kyangwali district.

The community was evicted by officials led by Charles Bafaki from the Office of the Prime Minister, accompanied by the police and Uganda People Defence Forces (UPDF), from their land measuring 36 square kilometers located in various villages, including Bukinda A and B, Bukinda 2, Kavule, Bwizibwera A and B, Kyeya A and B, Nyaruhanga, Kabirizi, Nyamigisa A and B, and Katoma, all in Kyangwali sub-county for the Kyangwali refugee resettlement camp.

Despite receiving various directives, including two from the President, instructing the Office of the Prime Minister (OPM) officials to facilitate the return of the residents to their land, they have chosen to turn a deaf ear and disregard the implementation of these directives.

In 2016 and 2018, President Yoweri Kaguta Museveni issued directives to resettle PAPs back to their ancestral land, but unfortunately, these directives remained unimplemented.

In 2021, Prime Minister Robinah Nabbanja visited the victims and promised action, which, as of the time of writing this article, it’s yet to be realized.

On March 1, 2022, Minister of Relief, Disaster Preparedness, and Refugees, Mr. Hilary Onek, accused the victims of encroaching on government land. He also criticized local leaders and officials for potential involvement in stage-managed evictions.

In 2022, approximately 1,000 of the evictees camped at the office of the Kikuube Resident District Commissioner, Amlan Tumusiime, demanding his intervention to help them return to their land. Unfortunately, this intervention did not materialize. Some of the evictees sought shelter in temporary shelters provided by Florence Natumanya, the Kikuube Woman MP, and Francis Kazini, the Buhaguzi Member of Parliament, while others continued to search for livelihoods in other parts of the country.

“People are suffering immensely, and we are witnessing deaths without having a proper place to bury our loved ones. No one is coming to our rescue, and it’s heartbreaking to see our children deprived of education, as they are the future of tomorrow,” expressed the community members in an interview with Witness Radio.

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: A community land rights defender in the Kiryandongo district is charged with assault and released on a cash bail.

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By Witness Radio team.

Magistrate Court sitting in Kiryandongo district has released a community land rights defender on a cash bail. He was arbitrarily arrested, and detained Thursday, February 29th, 2024, for attempting to open a criminal case against Great Seasons SMC Limited workers for erasing his 3 acres of land with ready-to-harvest cash crops.

Mwawula Fred’s release came after spending five (5) days in detention. Mr. Mwawula is a community land rights defender based in Kisalanda village, Mutunda parish, Kiryandongo district help to mobilize communities to resist forced land grabbing by multinational companies in Kiryandongo district.

The prosecution alleges that Mwawula assaulted workers of the Great Seasons SMC Company Limited who were in his garden.

The Penal Code Act, Cap 120, states that any person who commits an assault occasioning actual bodily harm commits a misdemeanor and is liable to imprisonment for five years on conviction.

On February 22nd, 2024, Witness Radio ran an article about four Great Seasons SMC Limited Company workers with a numberless tractor who had invaded and erased Mwawula’s garden with crops ready for harvest such as maize, green pepper, and tomatoes in Kisalanda village.

When he (Mwawula) went to Kiryandongo Central Police Station to open up criminal cases against the company, he was instead arbitrarily arrested, detained by local police, and preferred an assault charge before appearing before the court.

While granting the defender bail, Her Worship Amweno Hellen released Mr. Mwawula on a cash bail of 700,000 Ugx (Equivalent to 178.47 USD) while the sureties conditioned a non-cash bail.

The defender will report back to Court on the 13th/March/ 2024.

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: A community land rights defender in Kiryandongo, who was arrested for attempting to open a case against company workers at Kiryandongo Central police for erasing his garden, is facing assault charges.

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By Witness Radio team.

Kiryandongo Central police have preferred an assault charge against a community land rights defender who was arbitrarily arrested and detained Thursday, February 29th, 2024, for attempting to open a criminal charge against workers of Great Seasons SMC Limited.

On February 22nd, 2024, four Great Seasons SMC Limited Company workers with a tractor invaded and erased Mr. Mwawula Fred’s garden with crops ready for harvest such as maize, green pepper, and tomatoes. The workers used a numberless company tractor to destroy the defender’s 3 acres of crops.

According to the police charge sheet, Mwawula allegedly assaulted workers of the Great Seasons SMC Company Limited who were in his garden.

Defender’s lawyers said Mwawula bravely tried to intervene to stop the destruction of his crops by company workers, but they (workers) callously persisted with their destructive actions, disregarding the defender’s pleas.

The lawyers also stated that company workers made off with sacks full of maize belonging to their client.

The Penal Code Act, Cap 120, states that any person who commits an assault occasioning actual bodily harm commits a misdemeanor and is liable to imprisonment for five years on conviction.

Mwawula, on several occasions, has been in and out of prison on several charges over eight times for mobilizing local communities to resist land grabbing and forceful evictions by multinational companies in the Kiryandongo district. However, the court has dismissed all of them for want of prosecution.

Frequently, the gardens belonging to smallholder farmers, activists, and defenders have been targeted and vandalized by Great Seasons SMC Company Limited, demanding that the local community should vacate what the company asserts as its land. In a distressing incident last December 2023, many defenders’ gardens were set ablaze by workers of the company, resulting in a prolonged famine within projected affected families.

The defender is yet to be produced in court to answer to assault charges.

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