Oxfam Report 2011: How government and investor named bonafide occupants ‘illegal encroachers” to justify the eviction
By witnessradio.org Team, as extracted from Oxfam report
Oxfam research indicated that around 7,400 people were living on the Namwasa plantation and at least 15,191 people on the Luwunga plantation.
NFC and government officials have called these people ‘encroachers’ (or ‘illegal encroachers’). Oxfam believes this is a dangerously loaded term because it pre-judges people’s rights and dehumanizes them, making it easier to justify violent tactics. And it is arguably a highly misleading term too, because the people maintain that they did in fact have lawful entitlement to the land and were testing that argument in ongoing legal cases. These claims are resisted by NFC and neither case has been concluded.
In Kiboga, many of the people say they were born on the land, while others say they had lived there since the early 1970s, building up 40 years’ worth of social and communal services and physical infrastructure. Some people say they had bought and sold plots during that time.
In Mubende, the Second World War veterans and their descendants say they were allocated land in recognition of service, while others say they had bought, were gifted, or inherited land in the area since the 1980s. In their legal pleadings, the claimants assert that they are ‘either bona fide, lawful occupants and/or customary tenants and are protected by the constitution of the Republic of Uganda and the land laws of Uganda.’
NFC states that these proceedings, launched against the company, were misdirected since the government, rather than NFC, was responsible for undertaking the evictions. It says that the claims ‘have been taken most seriously and have been the subject of extensive legal counsel and internal inquiry’, and maintains that ‘the cases have failed to appear in court due to the inability of the plaintiffs to assert a legitimate case’.
The Mubende claims, it says, have ‘been confirmed erroneous by the extensive investigation conducted by the third Prime Minister’s office’. NFC base this on an FSC audit, conducted by SGS, which states that the validity of the claims is ‘highly dubious’ and that the company acted responsibly to resolve the issue of encroachment. However, Oxfam has been told by lawyers representing the community members that the cases are still active, and this has been acknowledged by NFC. This means that claims brought by thousands of people remain unresolved.
In both legal cases, the High Court considered that the communities’ concerns were sufficiently urgent and their arguments sufficiently strong to justify granting orders restraining evictions until the full case could be heard in court.
NFC claimed – in its 2011 Project Design Document submitted to the CDM – that people vacated the land in Mubende ‘voluntarily and peacefully’. However, the communities Oxfam spoke to describe the evictions as anything but voluntary or peaceful. People told Oxfam that the army and police were deployed in the area to enforce the evictions and that many people were beaten during the process.
Some villagers also claim that casual labourers whom they believe were employed by NFC joined the police and army in burning homes, destroying crops, and butchering livestock. The pleadings in the claim brought by the Kiboga community allege that NFC ‘purporting to be a licensee of [the NFA], trespassed on the Plaintiffs’ land, destroyed homes, crops, and animals of the Plaintiffs and attempted to evict the Plaintiffs’. They also allege ‘trespass, uncivility, harassment, and abuse’ by NFC and its agents. The Mubende evictees claim that employees of NFC were ‘evicting, harassing, erasing their plantations, demolishing their houses, intimidating, mistreating’ them. News of the evictions, albeit not referring to NFC as the perpetrator, was published in local media and the dispute was described in the communities’ law suits filed in 2009.
NFC firmly denies involvement in any evictions or violence and says ‘there were no incidences of injury, physical violence, or destruction of property during the voluntary vacation process that have been brought to the attention of NFC’. It continues to rely on the FSC audit of the Mubende evictions which states that ‘there were no incidences of injury to the encroachers or forceful eviction reported during this process’. It also states that it received no reports of violence from the District Police Commissioner or the NFA, and that no such incidents were observed by NFC employees. From materials provided by NFC to Oxfam, it does not appear to Oxfam to have conducted its own detailed investigations into any allegations of violence committed during the evictions. It has conceded some concerns about Askar, the private security company it contracted.
In its Project Design Document submitted to the Executive Board of the CDM, NFC noted that ‘surrounding communities sometimes report that the Askar security guards contracted by the company extort money from them’ and that the guards had ‘generated negative perceptions of the company.’ In response, NFC recognised a need to commit to ‘training its own staff internally and will guard against extortion in the future with increased accountability and auditing’. The company says that there were threats to the lives of NFC staff, which prompted a ‘need for protection during the vacation process’.
In the course of its research, Oxfam discovered that in Kiboga – the scene of the first evictions beginning in 2008 – senior NFC representatives met with local officials on 21 August 2008. The meeting agreed that NFC would pay seven million shillings ($2,500) to conduct a ‘population survey’ and, depending on its results, make available at most two square miles (1,280 acres) for five years to the ‘historic occupants’ of the land. In their testimonies, people described to Oxfam that a comprehensive survey did indeed happen. People said they were photographed and the value of their land and assets recorded. They felt that NFC and local officials were making a genuine effort on their behalf.
It seems that the process did not result in resettlement or compensation for the evictees. NFC acknowledges that they commissioned and paid for a survey, carried out by the Kiboga District Planner. Worryingly, they admit that they have not received the final census report, and told Oxfam that they doubted the findings – believing the figure of over 15,000 people to be ‘inflated’. NFC claims it is vital to ‘look behind us to see the imprint our footprints have left behind’, but does not appear to have any data they regard as conclusive about the number of people affected by their operations. IFC Performance Standards, however, require companies to carry out a census with appropriate socio- economic baseline data to identify the persons who will be displaced by the project.
In a letter to Oxfam, NFC describes a series of consultations that took place in the months leading up to the evictions ‘which clearly outlined the conditions under which the vacations should occur, the laws pertaining to land use of central forest reserves, and the timeline to be observed.’ It also claims that the evictions were voluntary. However, Oxfam’s research has revealed consistent testimony from evictees of both districts to the effect that they were not consulted and did not consent to losing their land, homes, and livelihoods. The minutes of the August 2008 meeting between NFC and Kiboga district officials to discuss resettlement of the evictees show that no community representatives were present at that meeting. One community leader explained that the proposal was presented to the community in a public meeting, which was not consultative. The proposal was rejected as unacceptable because too little land was offered and the solution was only temporary.
To be continued…
DEFENDING LAND AND ENVIRONMENTAL RIGHTS
Breaking: Three community land rights defenders from Kawaala have been arrested.
Breaking: Three community land rights defenders from Kawaala have been arrested.
By Witness Radio team
Police at Old Kampala Regional Police Headquarter have arrested three of the six community land rights defenders from Kawaala Zone II, Kampala suburb, and preferred a fraud charge before being released on bond.
Kasozi Paul, Busobolwa Adam, and Kabugo Micheal got arrested on their arrival before being taken inside interrogation rooms. They were questioned from 11:00 AM – 12:30 PM local time and later recorded their statements.
Section 342 of the Penal Code states that forgery is the making of a false document with the intent to defraud or deceive. It carries a three year imprisonment on conviction.
According to lawyers representing victims, defenders are arrested on the orders of the Deputy Resident City Commissioner (RCC) in charge of Rubaga Division Anderson Burora and accused them of fraud.
Resident City Commissioner is a representative of the president in the Capital City at the division level.
The charges are a result of continued resistance by Kawaala community seeking fair compensation and resettlement before Lubigi drainage channel is constructed. Since the first COVID outbreak in 2020, the victim defenders and others have been leading a pushback campaign to stop forced evictions by a multimillion dollars Kampala Institutional and Infrastructure Development Project (KIIDP-2) funded by World Bank. Kampala Capital City Authority (KCCA) is the implementor of the project.
This project first impacted Kawaala Zone II around 2014, when a channel diversion was constructed. The current planned expansion will widen that channel and require forced evictions across an area at least 70 meters wide and 2.5 km long.
The New Vision, a local daily of June 21st, 2022, quoted Burora accusing Kasozi Paul, one of the community land rights defenders from Kawaala Zone II of being a fraudster.
Witness Radio – Uganda challenges the deputy RCC Burora to produce evidence that pins the defenders on fraud instead of criminalizing the work of defenders.
“We warn Mr. Burora against using police to harass defenders who have openly opposed a project which is causing negative impacts on the community” Adong Sarah, one of the lawyers representing the defenders said.
The defenders got released on police bond as they are expected to report back to the police on Monday, the 18th of July 2022 at 11:00 AM local time.
DEFENDING LAND AND ENVIRONMENTAL RIGHTS
Signs of harmful projects with financing from development institutions are spotted in Uganda…
By Witness Radio Team.
The growth of a country is discerned by great leaders and innovators who see opportunities out of darkness and transform their areas from nothing to success. Those are great leaders whose interest is to see the developments in their countries and the well-being of their citizens.
Every single day, countries all over the world receive investors that acquire loans, grants, and donations to implement mega projects that are seemingly expected to develop host countries. countries and investors borrowing the money Often, countries and investors portray how these projects improve the livelihood of the browbeaten, au contraire, they have left many broken families, poor-dirty homesteads, and shattered dreams.
Uganda is one of those countries, whose citizens have paid a price for reckless or unsupervised and profit-led international investment. In a bid to implement its industrial policy, the country has welcomed both foreign and local investors with interests in the fields of extraction, industrial agriculture, carbon credit tree plantation, mining, infrastructural projects, and many others.
It has received billions of dollars from different financiers including commercial banks, Pension Funds, and International Development Finance Banks or institutions, among others. For instance, the World Bank has invested more than 20 Billion Dollars since 1963 and currently
Every project comes with its own chilling story. More often their stories are unheard by the World. Witness Radio – Uganda surveyed some projects in Uganda. This study revealed agony, illegal evictions, abject poverty, environmental degradation, and loss of life among others, as some of the consequences suffered by the would-be beneficiaries of these international funded projects across the country.
In the capital of Uganda, Kampala, over 1750 families were forcefully evicted from a city suburb, Naguru, for Naguru- Nakawa housing estates. 11 years down the road the project that was highly hyped is to take off on the grabbed land. Pleas from the victims of the eviction to regain their land have all fallen on deaf ears.
About 80km away from Kampala is the island district of Kalangala surrounded by the World’s second-largest lake, Victoria, and known for palm growing. When the palm-oil project was introduced to residents they were given the impression that it would improve their livelihoods and create job opportunities. Instead, it has dumped thousands into poverty after their land was grabbed by BIDCO, a Wilmer international-funded project. People lost land and now work on plantations as casual laborers. The neighboring communities are accusing BIDCO workers of sexual and gender-based violence.
In the South-Western District of Kiryandongo, multinational companies including Agilis Partners Limited, Kiryandongo Sugar Limited, and Great Seasons SMC Limited with funding from The United States Agency for International Development (USAID), The Department for International Development (DFID) of the United Kingdom, and Common Fund for Commodities among other financiers are forcefully evicting more than 35,000 people. The eviction has been on since 2017.
Workers that worked on a World Bank Project in Soroti, in the far east of the country, are accused of sexually harassing minors. Several young girls were defiled and left pregnant. Despite the government being aware of this none of the pedophiles have been brought to book, the World Bank-funded project in the Eastern Town of Soroti left several underage girls defiled and impregnated.
In late 2020, residents of Kawaala zone II woke up to the hail of armed men and graders evicting and destroying their properties to implement a multimillion-dollar project funded by the World Bank. The project is being implemented by the Kampala Capital city Authority (KCCA) on behalf of the government of Uganda.
The above-listed and other projects, on the other hand, continue to perpetuate violence and judicial harassment against leaders of Project Affected Persons (PAPs) and community land and environmental rights defenders because of their work that resists illegal evictions and destruction of the environment among others.
Although project implementers such as government entities accuse local communities of occupying land targeted for projects illegally, in most cases victim communities have rights over these pieces of land because their settlement on the same land can be traced to have happened generations ago.
No matter how people are negatively impacted being by these harmful projects, financiers continue to release more money to the government and investors. The banks aim at profit margins other than the livelihoods of the people. In Bulebi village, Mbazi parish, Mpunge Sub County in Mukono district, Akon’s futuristic city is about to lead to the eviction of over 1000 residents whose entire lives have been built on their land.
In April last year, American rapper Aliaune Damala Badara well known for his stage name AKON visited Uganda in search of land for constructing the city. On the same business trip, he met President Museveni Yoweri Kaguta and expressed his interest in building a futuristic city with its currency. The president ordered the Ministry of Lands, housing, and urban development to look out for free land for his city.
However, on 7th Jan 2022, the Uganda Land Commission showed the Minister for Lands, Housing, and Urban Development “Hon Judith Nabakooba” land that was proposed for the Akon city. According to the Uganda land commission, the land is Freehold Volume 53 Folio 9 measuring I square mile.
This has sparked outrage amongst the affected as they were never consulted or consented to allow the project in their community. According to community members that Witness Radio interviewed, they said they heard the distressing news of Akon city through the Media.
The community said no official from the ministry has ever approached them about their land giveaway. “Our country is full of land evictions and evictors begin in that way. There has been no official coming on the ground to officially inform us about the project and neither have we heard any official communication of compensation.” Obori said.
Residing in the attractive village surrounded by freshwaters, the community asserts this has been the source of livelihood and advised the government to get alternative land for the City.
Controversies surrounding the land giveaway and ownership of the area still exist. A section of residents have protested and vowed not to surrender their land for the City. They claim to have acquired freehold titles from the Mukono lands board.
DEFENDING LAND AND ENVIRONMENTAL RIGHTS
Breaking: over 350,000 acres of land were grabbed during Witness Radio – Uganda’s seven months ban.
By Witness Radio Team.
As the onslaught on civil society heightens, its space continues to shrink which has bearing on the services they render to the communities. Witness Radio, was among the 54 organizations suspended by Uganda’s National Bureau for Nongovernmental Organizations on August 20th, 2021. The actions are amongst the recent forms of attack on civil societies in Uganda. Other numerous attacks include arrests of rights activists, harassment, tortures, and office- break-ins at night by security operatives who move away with valuables.
The effects of this suspension were felt by communities facing land grabs across the country. For seven months while the organization was suspended, over 300,000 people were evicted from their land and couldn’t access specialized and prompt legal assistance.
Witness Radio Uganda, globally known for its campaign against community land-grabs couldn’t assist these victims of land grab since it risked facing further sanctions from the Bureau in case it intervened. However, last week, there was some relief, when Uganda’s National Bureau for NGOs lifted suspension and certified its operation.
According to Mrs. Bulyerali Joan, the Head Legal at Witness Radio – Uganda, the organization conducted a review of the evictions that happened during the suspension. With information and assistance from some lawyers, local journalists, and community land and environmental rights defenders across the country, the evictions watchdog was able to document cases of hundreds of thousands of Ugandans that were either forcefully evicted or received threats of evictions while in its limbo.
The ban imposed on Witness Radio coupled with the disruptive impacts of COVID- 19 resulted in the surge of eviction cases, especially in areas where the organization had a presence. Throughout the ban, without access to swift and prompt legal support, the communities resorted to sharing with the world their ordeal.
She further noted that the evictions were conducted in disregard of the law on evictions. “I was shocked to see powerful people and companies take advantage of our suspension to escalate the evictions of vulnerable communities that received our assistance. The evictions did not comply with the land eviction practice directives. None of them was preceded by legal court orders.” She noted.
According to the Land Eviction directives, issued by the former Chief Justice of Uganda, Bart Katureebe, evictions shall be preceded by valid court order, properly identifying the persons taking part in the eviction, and upon presentation of formal authorizations. The police and local authority of the area shall be notified and shall be present to witness the evictions, among others.
Based on the data gathered by the team, various communities across the country were left dispossessed by land grabbers without any form of assistance. Others have received threatening messages with intentions of dispossessing them off their land.
During the period under review, over 300,000 people across the country are believed to have been threatened with evictions, while 350,000 acres of land were either grabbed or on verge of being grabbed.
“However much, we gathered this information, we expect the cases to be higher because some evictions go unreported either due to the remoteness of the areas or other related factors.” One of the collaborators observed.
The evictions were extremely violent. They were characterized by kidnaps, arrests and detentions, torture that often-caused unexpected grief to the communities.
Among the most affected districts include Kyankwanzi, Mubende, Kassanda, Hoima, Buikwe, Wakiso, Kikuube, and Bulambuli districts.
In some of the mentioned districts, the Lands, Housing, and Urban Development Minister toured and halted the evictions but the evictors continued unabated.
Mr. Kimazi Experito, a journalist based in Mubende, attributed the rise of evictions to the organization’s suspension which denied the evictions-affected communities access to specialized legal assistance.
He said Witness Radio has offered support to over 20 land-grab-affected communities in Mubende with legal support. “Witness radio is a game-changer that brought back lives of evicted communities to normal,” he lauded.
“Mubende is one of the fastest-growing areas because of gold and other minerals as well as factors related to fertile soils. Currently, it is one of the hotspots of evictions. Opportunists used this chance to grab land from people with full attention. Without the defenders, it’s often hard for people to get justice since local people are not much informed about land laws.” Kimazi explained.
Engineered by powerful people in public offices, multinational companies, and politicians using state machinery including the army and national police, forced evictions to continue to affect food sovereignty and threaten the role of indigenous communities to protect the environment.
During the same period, President Yoweri Museveni stopped any eviction without the approval of the Resident District Commissioners. However, legal experts warned that the move is to usurp the powers of the Judiciary. In a statement signed by Pheona Nabasa Wall, the Uganda Law Society President noted that the directive undermined the role and independence of courts in handling eviction matters.
That notwithstanding, “Occasionally, the residents are not given any opportunity to negotiate with the landlords. Even when the government obliges to pay landowners, neither does the government nor the evictor compensate for the damaged property. During evictions, properties that were made for their life end up being destroyed in seconds which causes lifetime misery.” Paul Kasoozi, a community land rights defender stated.
With different tactics aimed at alienating the poor from their land, it has been established that the police and the army continued to play a huge role in the largest forms of violent evictions through torture, arbitrary arrests, and detention and instilling fear and pressurizing the local communities to vacate their land on orders of the evictors.
Many of those community members who oppose land evictions end up being kidnapped, tortured, or arrested and detained to silence the community. It takes support from an organization defending communities’ land rights to intervene for such communities to get justice.
Days before the lifting of the suspension imposed on Witness Radio, communities neighboring the Katta Barracks in Bulambuli district, were violently evicted by the Uganda People’s Defense Forces under the alleged command of Lieutenant Colonel Mukiibi Julius without offering alternative resettlement.
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