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Pushing back: The EACOP victim community rushes to court seeking reinstatement onto their land and compensation.

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By Witness Radio team

One of the East Africa Crude Oil Project (EACOP) victim communities in Hoima district has run to Hoima high court challenging a forceful and violent eviction which pushed them off their land, asserting that it was very illegal and unconstitutional and subjected them to degrading treatment.

The Kapapi community, as commonly referred to, is composed of both pastoralists and cultivators that were lawfully living in Waaki North, Kapapi Central, Waaki South, Runga, and Kiryatete villages in Kapapi and Kiganja sub-counties in Hoima district since the 1950s.

In a February 2021 report from Total Energies Uganda, titled “Tilenga Project – Resettlement Action Plan 4,” it identified Kapapi, Runga, Waaki, and Kiryatete villages as areas that will be affected by the proposed Tilenga Feeder Pipeline Component (RAP 4).

The Tilenga feeder pipeline corridor is approximately 95 km long originates from the Tilenga Project Central Processing Facility (CPF), about 8 km northeast of Buliisa town in Buliisa District and 5 km south of the Albert Nile. The purpose and the need for the Tilenga feeder pipeline, according to Total Energies, is to deliver crude oil to the planned refinery in Kabaale and the East African Crude Oil Pipeline (EACOP).

Uganda National Oil Company (UNOC), as the Government nominee, holds a 15% participating interest in the Tilenga project; Total Energies E&P Uganda B.V., the operator, holds 56.67% while the other partner, China National Offshore Oil Corporation (CNOOC) Uganda Limited holds 28.33% shares.

On 10th February 2023 at 1:00 am local time, unidentified dozens of men cladding Uganda Police Force (UPF) and Uganda People’s Defense Force (UPDF) uniforms, together with armed guards from Magnum, a private security company violently evicted over 2,500 locals from 1294.99 hectares of land with no compensation or resettlement, looted animals and food stuffs. The eviction was executed without a court order.

Through their lawyers Arinaitwe Peter & Company Advocates, Mulega Eria and 13 others on behalf of the pastoralists community in a Civil Suit no. 78 of 2023, sued a UPDF Brigadier General. Nabasa Peter, Bogere Patrick, a Hoima Rural District Police Commander, Kyakashari Micheal, the Deputy Resident District Commissioner (RDC) of Hoima district, one Gafayo Ndawula William, Kiiza Nathan Byarugonjo, Oketcha Micheal, Oromo Luzira, Magnum Security company limited, Muhwezi Aston, William Kiiza, Kyamanywa Alex, Wilber Kiiza, Hoima district Land Board and Commissioner land registration among others.

In a second matter, Civil Suit no. 79 of 2023, Ajaruva Uchida and 112 others on behalf of the crop growers community, sued a UPDF Brigadier General Nabasa Peter, Bogere Patrick, a Hoima Rural District Police Commander, Kyakashari Micheal, a the Deputy Resident District Commissioner (RDC) of Hoima district, a one Gafayo William Ndawula, Kizza Nathan Byarugonjo, Oketcha Micheal, Asimwe Moses Byangire, Oromo Luzira and Magnum security company limited among others.

Both communities are accusing the latter of carrying out a forceful and violent eviction from their land, alleging a disregard of lawful procedures driven by a desire to profit from EACOP related projects.

In both suits, both communities demand for several remedies from the courts of law, such as a permanent injunction restraining all defendants and their agents from further interference with their land, an order for an immediate return onto their land, and compensation.

Arinaitwe Peter, one of the lawyers, expressed optimism that Courts would hear the cries of the Kapapi people, who have endured destitution, significant suffering, and displacement, with some living in internally displaced people’s camps following the brutal eviction.

“We are optimistic that the honorable Court will listen to the cries of the Kapapi people. These people are destitute, they have suffered immensely, and some of them are currently residing in internally displaced people’s camps due to a brutal eviction carried out by the individuals mentioned in different suits. Our purpose here is to ensure that their voices are heard, have justice served, and that they are immediately returned to their land while the legal case is ongoing.” Said Mr. Arinaitwe.

Mr. Kataza Samuel, one of the community environmental defenders, called on Hoima Court to expedite the hearing of their matters since many of the residents are undergoing hardships as a result of forceful evictions.

“Our people are enduring immense suffering, with many families torn apart by poverty. They are scattered across in different parts of the country, struggling for survival, while some are forced to live with relatives. Unfortunately, essential services like shelter, food, healthcare, and education for their children remain elusive. We are here to seek justice for our violated rights, and, therefore, we implore Court to intervene urgently,” He added.

As we write this story, the grabbed land continues to be heavily guarded by Uganda People’s Defense Forces (UPDF) Soldiers and Magnum Security Company guards.

Court is yet to fix hearing dates for both suits.

 

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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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