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Nine (9) years and still counting: Buvuma residents still await compensation for land grabbed by the Oil palm project.

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By Witness Radio Team.

When the oil palm growing project was introduced in the Nairambi sub-county, Buvuma district, in 2015, it was greeted with an abundance of praise, leading many community members to wholeheartedly embrace it.

“We were promised numerous benefits with the project. Our leaders were preached with success stories of how oil palm projects had transformed communities where it had been grown before. In a short period, they urged us not to let the spirits of poverty linger with us, insisting that we must embrace the project in our district to attain wealth.” Residents from Kakyanga shared their sentiments with Witness Radio about the project.

The pattern observed in many other countries where oil palm tree growers used tricks to grab people’s land is replicated in the Buvuma district. Private companies and government officials promised communities new schools, good roads, functional health centers, and helping needy families, etc. as a persuasion tool to win their hearts on top of fair and adequate compensation pledges.

9 years later, individual families realized that they were deceived into signing documents to surrender their land to grow oil palm trees. Agreements were written in English (not translated to their dialect), and signed copies were hidden from residents.

“We consented to the government’s proposal to utilize our land for the project, lured by the promises of substantial benefits. The survey of the project land promptly commenced, leading to the expropriation of our property. Despite the passage of several years, the pledged benefits from the project remain unfulfilled,” residents interviewed by Witness Radio narrated their concerns.

But, the on-the-ground realities are diverse and the project has been labeled as a curse by the Project Affected Persons (PAPs). Unfortunately, it has resulted in tragic consequences, including loss of life, homelessness, increased poverty, and heightened hunger among communities that thrived well before the project commenced.

According to the residents, their land measuring over 388 hectares in Kakyanga, Kiziiru, Bukiindi, and Bukalabati villages, is occupied by oil palm trees owned by the National Oil Palm Project since 2019.

Nakato Khadija, a 45-year-old, now finds herself harvesting spear grass to make a living. “Whenever I reflect on the impact this project has had on me and my family, a sense of despair sets in. It’s disheartening that someone who once owned 19 acres of land now possesses nothing in life.” She revealed this to the Witness Radio research team.

By 5 pm evening, on Friday,19th 2024 when Witness Radio interviewed her, the sole caretaker of a family of 15 was still harvesting spear grass with an old sickle in a garden that is 12 kilometers away from where she rents in Tojjo village.

“This is the only job I can do now, it is where I get what to feed the family. Every bunch of spear grass [locally called enjole] costs 500 Ugx shillings (about 0.13 United States Dollars). So, you have to cut as many as you can to get some good money. Imagine if all the bushes are done, how shall we survive.” Nakato questioned?

Nakato is not alone, she is one of the more than 600 people whose land was taken for Oil palm growing from 4 villages in Buwanga parish, Nairambi Sub-county in Buvuma district without compensation or resettlement.

According to residents who shared their experiences with Witness Radio, they were deceived into initially handing over their land to the investor, with the promise of receiving compensation later. However, to their dismay, years have passed, and they are still waiting in vain for the promised compensation

“We haven’t received compensation for our land that was taken 9 years ago, and a significant number of people are enduring immense suffering. They relinquished their land for the oil palm project and are now thrust into overwhelming poverty,” another resident emphasized.

“We were instructed to surrender our land to the investor with the promise that the project would lead to the development of our community and create employment opportunities. Our leaders, along with Epayi Gerald, who facilitated the land acquisition on behalf of the investor, convinced us to part with our land before receiving compensation.” Residents further highlighted.

In 2017, representatives from the government and the National Oil Palm Project (NOPP) conducted a land survey to assess and value their properties for compensation. Around 2019, they (government and NOPP) returned with disclosure forms that indicated amounts below the community’s expectations. Despite the inaccurate valuation of their land and property, the promised compensation, according to the affected residents, remains unpaid.

Mr. Kyeswa Alex, another resident grappling with the impact of the project, disclosed that the community was barred from utilizing their land in 2018, intensifying hunger in their area since many of them were farmers, who used their land for agricultural production.

Community members report that eight individuals have lost their lives due to lack of food, compelling many residents to turn to illegal fishing as a desperate means of survival.

Mrs. Nakato revealed to Witness Radio that two of her family members including her husband and son were arrested, by the army, all accused of illegal fishing. She attributed all this chaos to the arrival of the Buvuma oil palm project, which disrupted their lives. Currently, she is renting in Tojjo village, grappling with the challenges of her daily life.

“To secure a living for our family, my husband had turned to fishing. However, he was apprehended by the army three years ago, and accused of illegal fishing. Subsequently, our son, who stepped in to shoulder the responsibilities, was also arrested six months ago on the same charge of illegal fishing,” a teary Nakato revealed.

One of the Buvuma Counsellors, affirms that residents have been waiting for the government’s compensation for over 9 years but in vain.

“People are facing dire circumstances, with some even losing their lives. The lack of available land for cultivation has left many without enough food to eat. The dreams of young girls and boys are being shattered as their parents struggle to afford school fees. Meanwhile, the prices of land are on the rise, and we fear that the government may compensate based on outdated valuations from four years ago. It is essential that they receive fair compensation because the project was intended to benefit them, not push them into poverty,” the leader emphasized.

He added, “We have pleaded with the government on numerous occasions to compensate our people, but they keep assuring us that payment will happen soon. However, this promised time never arrives, and people continue to suffer in anguish.”

The Buvuma oil palm project is part of the five oil palm hubs set up by the National oil palm project. The others are, Kalangala; Mayuge (Mayuge, Bugiri, and Namayingo); Greater Masaka (Kyotera, Kalungu, and Masaka); and Greater Mukono (Mukono and Buikwe.

In 2018, the Government of Uganda (GoU) received a loan from the International Fund for Agricultural Development (IFAD) to finance a ten-year National Oil Palm Project (NOPP). The project with a total financing of US$ 216.2 million is being implemented by the Ministry of Agriculture Animal Industry and Fisheries (MAAIF) as the Lead Project Agency, in partnership with other agencies, the private sector, and farmer Organizations.

Oil palm Buvuma Limited is mandated to develop seedlings and ensure production, while BIDCO takes center in refining, farmer associations are key partners in the Farmer organization, and MAAIF is key in monitoring and scaling the project as well as ensuring there is land acquisition.

But Mr. Sserunjoji William, the district’s Senior Assistant Chief Administrative Officer (Deputy CAO), who also acts as the National oil palm project focal person, told Witness Radio that the government is in the process of finalizing the valuation assessments to kickstart the compensation.

“Indeed, we have not compensated the community members, and I acknowledge the concerns raised. However, the government requires time to assess land ownership meticulously to ensure accurate compensation for the rightful individuals. We are currently in the process of conducting these assessments, and soon, this year the community members will receive their compensation.” Mr. Sserunjoji added.

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Witness Radio petitions chief prosecutor: Want 34 community land rights defenders and activists released from prison.

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By Witness Radio team.

In the Hoima District, Western Uganda, an urgent and immediate action is crucial to halt an ongoing land grab. The work of community land rights defenders, activists, and local leaders has unfortunately been criminalized, with thirty-four (34) people from Rwobunyonyi, Kirindasojo, and Kihohoro villages falsely accused and sent to different prisons in the Hoima district.

Criminal files No. CRB 330-2022 has Busobozi Patrick, Kaija Phillip Osborn, Mbabazi Isaya, Wembabazi Denis, Tumusiime David, and Abitegeka David charged with aggravated robbery, while the CRB 84-2023 file has Magezi Lawrence, Kaahwa Nelson Komugisa Junior, Mugenyi Vincent, and others on murder charges. The files have been established to gang the work of community defenders and activists.

According to sections 189 and 286 (2) of the Penal Code Act cap 120, both offenses carry the death penalty upon conviction.

As observed above, community land rights defenders, activists, and local leaders have been targeted since 2022. The number of targeted defenders keeps on growing. Sadly, those who have been remanded to prison are still waiting for their cases to be tried, which is tantamount to judicial harassment and persecution.

Witness Radio findings indicate that one Fred Kato Mugumba allegedly orchestrated the land grab. He is backed by officials from Hoima police, Hoima district Office of Director of Public Prosecution (ODPP), and judicial staff. Mugambe and his accomplices aim to evict over 500 small-scale farming families from their ancestral land.

If the land grab is successful, the community will suffer a devastating loss of 800 hectares of land used for food cultivation. This loss will lead to children dropping out of school, families breaking apart due to lack of resources, and a significant increase in food insecurity, hunger, poverty, and illiteracy levels in Uganda.

The affected communities have a deep-rooted connection to the land, having lived on it for over 50 years without disruption. The ongoing persecution by Mugamba and his agents is, therefore, particularly shocking and unjust.

The same land almost ended the life of Junior Lands Minister Sam Mayanja, who was targeted with gunshots when he visited the contested land on August 24, 2023, to protect land grab victims. The current situation highlights the urgent need for intervention from a powerful office.

Witness Radio has, among other interventions, petitioned the Director of Public Prosecutions (ODPP) and urged the Chief Prosecutor’s office to call the file from Hoima High Court.

The office of the DPP is a constitutional body mandated to direct police to investigate any information of a criminal nature, institute criminal proceedings against any person or authority in any court other than a court-martial, take over and continue any criminal proceedings instituted by any person or authority, and discontinue at any stage before judgment any criminal proceedings.

Uganda is experiencing an influx of land-based investments, which have fueled land-grabbing tendencies and criminalization of community land rights and environmental defenders and activists’ work.

In the petition, Witness Radio alleges that Fred Kato Mugamba fabricated these charges in collusion with John Angwadya, a former local council member and chairperson of one of the targeted villages, Rwabunyonyi, as part of a strategy to facilitate the unlawful eviction of the community from their land.

“It is deeply concerning that the accused remain in protracted detention despite the constitutional guarantee of a fair and speedy trial and right to liberty. This is a clear violation of defenders’ fundamental rights and raises serious concerns about the criminal justice system’s integrity in this matter. The prolonged delay in their trial and the apparent ulterior motive behind the charges necessitate immediate intervention to prevent the miscarriage of justice,” the petition reads in part.

Despite multiple attempts by the community to engage various stakeholders, including Hoima’s district leadership, the Hoima District Police, the State House Land Protection Unit, and the State Minister for Lands, Dr. Sam Mayanja, their efforts have been futile. Instead of finding justice, those who resist are met with criminal charges and continued evictions, leaving many families landless and helpless.

“The efforts of our clients and community individuals engaging the different offices are viewed as a threat to the evictors, hence fabricating different charges against the accused persons to pave the way for the land grabbers to occupy the land in the absence of the accused persons. It is evident that the pending charges of murder and aggravated robbery are being made as a tool to harass and deprive our clients and family members,” the petition further reads.

In the petition to the Director of Public Prosecutions (DPP), Witness Radio has called for an urgent review of the circumstances surrounding the arrests and prosecutions of the accused. Witness Radio is requesting the issuance of a Nolle Prosequi to quash the charges and the immediate release of the prisoners.

The organization also demands that the case be expedited to prevent further unwarranted deprivation of liberty and calls for an independent investigation into any potential abuses within the criminal justice system.

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The joint final review of the National Land Policy 2013, a significant and collaborative effort between the government and Civil society organizations, is underway.

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By Witness Radio team.

Under the leadership of the Ministry of Lands, Housing, and Urban Development (MLHUD), and in partnership with Civil Society Organizations (CSOs) led by Participatory Ecological Land Use Management (PELUM), a crucial final review of the National Land Policy (NLP) 2013 is taking place in Kampala.

The Consultative event is a unique and empowering opportunity for all land actors to actively contribute to shaping Uganda’s land governance framework. It seeks to engage CSOs in shaping reforms in the much-awaited National Land Policy, addressing pressing land-related concerns such as land grabbing, promoting equity in land access, and enhancing strategies for sustainable land management.

The land ministry is expected to present a revised 2024 draft of the basis for discussion and obtaining valuable input from land actors and PELUM Uganda members to boost the policy framework.

Uganda first adopted the National Land Policy in 2013 to ensure the efficient, equitable, and optimal utilization of land and land-based resources for national development. Grounded in principles drawn from the 1995 Constitution and other macro-policy frameworks such as Uganda Vision 2040 and the National Development Plan (NDP), the NLP has served as a comprehensive guideline for Uganda’s land ownership and management.

With a decade of implementation behind it, the Ministry of Lands, Housing, and Urban Development is now reviewing the policy to integrate emerging trends and challenges. This review is crucial as it will ensure the policy’s relevance in the evolving land governance landscape, directly impacting your daily lives. The consultation process underscores the government’s unwavering commitment to inclusive decision-making by involving civil society and key stakeholders in policy formulation, ensuring everyone’s voice is heard and valued.

The event will be broadcast live on Witness Radio. To listen live, download the Witness Radio App from the Play Store or visit our website, www.witnessradio.org.

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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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