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Sexual violence as a tool to grab land: a local woman accuses industrial agriculture investor Agilis Partners Limited of sexual violence.

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By Witness Radio team.

When the industrial agriculture investor Agilis Partners Limited targeted the communities’ land for its investments in the Kiryandongo district in 2017, the poor residents never knew that the company had employed several tactics to force them (indigenous & local communities) off their land. One of them was sexual violence.

Sexual violence means that someone forces or manipulates someone else into unwanted sexual activity without their consent. At the same time, defilement of a child is any sexual intercourse with a child under the age of 18 years old.
In this article, we bring back a story published about a woman alleging sexual violence against Agilis Partners Limited.

In 2021, in an article published by Witness Radio, women were facing significant backlash in defending their land rights. In the article, a local woman allegedly said she was raped by Agilis Partners Limited’s workers. The matter was reported to area police but refused to open a case file.

Agilis Partners Limited is owned by American brothers Philipp Prinz and Benjamin Prinz. It owns Agilis Ranch 20 and 21 Limited, Asilis Farms Limited, and Joseph Initiative Limited, a beneficiary of the UK’s Department for International Development (DFID) financial support and Common Fund for Commodities (CFC) based in the Netherlands.

The Company has also received funding from Vested World, USAID under the Feed the Future Uganda program. It is currently a beneficiary of a USD 1 million loan from the World Bank’s private lending arm, the International Finance Corporation (IFC).

On the fateful day of 18th August 2020, when Opondo Cathy (real names withheld) was returning home from a nearby trading center Bweyale. She got attacked and sexually abused by a private security guard whom she claimed belonged to Agilis Partners. The incident happened close to her home.

According to Opondo, the rapist attacked 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, put me down and raped me. I yelled louder for my rescue, but the neighbors were far away and took some time to reach the scene. As soon as the rapist had them coming, he ran away,” she revealed.

“The louder yelling brought those nearby to come to my rescue, but they did not even bother to ask me what had happened because I already looked victimized. They decided to look for the rapist, who was hard to trace. Whereas I could not walk well 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 revealed.

After two days, Opondo says she managed to get to the area police to report the incident. In her words, the officer on duty (a policeman) asked her if she had evidence. 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 instead of being a victim of rape. On meeting the medical officer, she handed over the chit and was examined on grounds of assault, not rape.

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

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,” she mentioned during one of the interviews with Witness Radio Uganda.

Since 2017, the company has illegally evicted over 2500 residents who were lawfully occupying and cultivating more than 2000 hectares without any due diligence or a court order, no fair compensation, and it did not provide an alternative settlement to the poor families.

Witness Radio and its partners call on the World Bank and the governments of the United States of America and the Netherlands, as key financial backers of Agilis, to support an independent investigation into the human rights abuses committed by the company.

To peace and justice advocates, click on this link and ask the World Bank and other financial backers to act swiftly to end these abuses, support the affected communities in the struggle for land rights, and hold Agilis Partners Limited accountable for all human rights abuses.

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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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The CSOs’ Appeal to hear the EACOP case on merit is a crucial development, with the ruling now awaited.

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By Witness Radio team.

The Appellate Division of the East African Court of Justice (EACJ) has heard an appeal filed by four civil society organizations (CSOs) challenging the dismissal of their case against the East African Crude Oil Pipeline (EACOP).

The appeal, filed by four civil society organizations (CSOs), seeks to reconsider the case on its merits after the First Instance Division of the EACJ dismissed it in November 2023 on procedural grounds.

The case was before Justice Nestor Kayobera, Justice Kathurima M’Inoti, Justice Anita Mugeni, Justice Barishaki Bonny Cheborion, and Justice Omar Othman Makungu.

The East African CSOs, Center for Food and Adequate Living Rights (CEFROHT), Africa Institute for Energy Governance (AFIEGO), Natural Justice (NJ), and Centre for Strategic Litigation (CSL), argued that the lawsuit was dismissed unfairly and that the First Instance Court had improperly evaluated the evidence before making its ruling.

According to CSOs, the EACOP project, if implemented, could lead to significant environmental damage, endangering local livelihoods, water supplies, and biodiversity. This includes potential oil spills, disruption of ecosystems, and contamination of water sources. They further assert that TotalEnergies, China National Offshore Oil Corporation (CNOOC), and the governments of Tanzania and Uganda failed to provide a sufficient risk assessment for the project and to adhere to international human rights norms.

The EACOP project is a significant pipeline initiative spanning over 1,400 kilometers, designed to transport crude oil from Uganda’s Lake Albert region to the Tanzanian port of Tanga. The project is a joint venture of TotalEnergies and China National Offshore Oil Corporation (CNOOC) in partnership with the governments of Uganda and Tanzania.

During the appeal hearing in Kigali, Rwanda, the CSOs’ lawyers, known for their expertise, presented robust arguments against the First Instance Court’s dismissal of the case.

Counsel David Kabanda, one of the CSOs’ lawyers, argued that the First Instance Court had overstepped its role by evaluating evidence when considering the preliminary objection raised by the Tanzanian government, which claimed the case was time-barred. He emphasized that determining a preliminary objection should not require examining evidence.

The CSOs’ legal team also emphasized that the case had been filed promptly under the EAC Treaty, a key legal instrument that allows individuals in East African countries to challenge unlawful acts within two months of their enactment or upon gaining knowledge of such acts.

They also urged that the court should have examined other, non-time-barred portions of the case if a portion of it was dismissed on time-barred grounds.

The CSOs also raised the First Instance Court’s ruling to award costs to the Tanzanian and Ugandan governments and the East African Community Secretary General (EAC). They contended that a decision like this may deter future public interest lawsuits, particularly those involving human rights and the environment, as it could set a precedent of penalizing those who advocate for public welfare.

Lawyer Rugemeleza Nshala cautioned that charging in public interest cases, particularly those involving the environment and human rights, could have a “chilling effect” on those seeking justice. “The case that was filed affects the people, and this is why we have all these people in court today,” he said.

After hearing arguments from both sides, including legal representatives for Uganda, Tanzania, and the EAC Secretary General, the appellate judges reserved their ruling, stating that it would be delivered “on notice.”

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