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Livelihood, Land And Investment

Six community land rights defenders have been set free after spending three years on remand without trial on murder charges.

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By Witness Radio – Team

The Director of Public Prosecution (DPP) Ms. Jane Francis Abodo has withdrawn murder charges against six land rights defenders who were arrested, charged, and sent to prison in 2019. 

On Friday, the 24th of June, 2022, Mubende Grade one Magistrate Her Worship Atim Harriet Okello signed a release order to free the six defenders who have been on remand without trial.

Tumusiime Benjamin, Bagirana Innocent, Habana Domoro, Miyingo Gerald, Byangaramani Charles, and Byekwaso Fred were arrested in February 2019 by armed policemen attached to Mubende police on orders of one Naava Milly Namutebi. They were accused of empowering the community to resist forced evictions. 

The defenders were fighting to stop forced eviction on land measuring 3.5 square miles covering villages namely; Kirwanyi central, Kirwanyi East, Kirwanyi West, Nakasagazi, Kituule A, Kituule B, Kibalagazi A, Kibalagazi B, Kakkanembe, Bukyambuzi A, Bukyambuzi B, Kisende, Mulanda, Kituule central, Kirwanyi A, and Butayunja in Kirwanyi and Kituule parishes in Butoloogo Sub County in Mubende district.

The current update on the grabbed land indicates that it’s still raw land.

The defenders’ imprisonment was intended to eliminate them after they were framed for having killed one Mbabazi Samuel who was a casual laborer to a self-claimed landlord Naava Milly Namutebi.  

One of the imprisoned defenders Tumusiime Benjamin narrated that before they were detained on murder charges, Mubende police had earlier arrested and charged them with aggravated robbery, a case that was also land-related, and released them on police bond.

On March, 2nd, 2019 while reporting on bond, they were instead re-arrested taken to Mubende magistrate court to be charged with murder, and remanded to Kaweeri Prison. 

“One day while we were being taken to court for our case mention, a prison officer told us we don’t deserve to be free since we are killers, but some of us even did not know the worker they accused us of killing”, Tumusiime narrated. 

Tumusiime further narrated that after six months on remand, they were taken back to the same court, which committed them to the High court to be tried, and later, remanded to different prisons which include Muyinaina, Kaweeri, and Kitalya respectively, adding that they had never been brought back to court until their release.

“As soon as we were eliminated (arrested and imprisoned), Naava found ease in grabbing more land because the community was left in cold upon learning about our arrest and imprisonment. She deployed the army and private security guards that have been protecting the grabbed land.” Tumusiime added. 

Such tactics of weakening land rights defenders through abusive criminal charges are on the rise in Uganda. Not only in the Mubende district where such abusive charges are used to silence defenders but also in other areas that experience rampant land grabs namely; Kiryandongo, Kayunga, Hoima, Buliisa, Moroto, and other districts in Uganda.

“Take notice that government of Uganda intends to discontinue proceedings against 6 charged with murder” A legal notice seen by Witness Radio – Uganda and signed by the DPP on the 22nd of May 2022 reads in part

Since 2012, Naava with support from a senior officer of Uganda People Defense Forces Major Eric Kigamboha have displaced over 4000 people from their land without a court order and continues to perpetrate violence against families that are still staying on the land.

“We used to sleep in the bush to avoid being attacked at night by armed gangs employed by Naava. People were beaten, arbitrarily arrested, and accused of trumped-up charges. Since then, some have been forced to vacate the land for fear of their lives.” Mr. Ssesazi Christopher another defender told Witness Radio – Uganda.

Whereas Benjamin and others were released, their lives remain distorted, their land was grabbed by Naava and they now depend on well-wishers for their survival. “My family separated. I had two wives and 20 children but all separated looking for their means of survival. My children stopped going to school and the girls were married because ideally, they had nothing to feed on or where to go. In addition to that, all 40 acres of my land were grabbed. I remained with only my little house,” Benjamin revealed.

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Accountable Development To Communities

A self-claimed landlord who caused the imprisonment of six community land rights defenders on false charges was aligned before the court and charged with 28 counts.

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Naava while entering court cells at  Mubende.

By Witness Radio Team

A magistrate court at Mubende has charged a self-claimed landlord with 28 counts plus murder. Naava Milly Namutebi caused the arrest of six community land rights defenders, falsely accused them of murder, and got imprisoned for three years without trial. 

Naava’s appearance before the court followed shortly after the Director of Public Prosecution (DPP) dropped murder charges against six community land rights defenders. These include; Tumusiime Benjamin, Bagirana Innocent, Habana Domoro, Miyingo Gerald, Byangaramani Charles, and Byekwaso Fred.

Naava was charged along with Bulasio Musoke, Richard Mugagga, Henry Kaaya, among others. They were not allowed to answer any charges as the court had no power to make legal decisions and judgments on charges read to them.

The prosecution alleges that Naava and others still at large, committed offenses in areas of Mubende and Kampala districts between 2006 and 2021.

From 2012 to date, Naava got help from the senior army, police, and other public officers in Mubende orchestrated violence and committed human rights violations/abuses while forcefully evicting over 4,000 people off their land. 

The land being targeted measures 3.5 square miles covering villages including Kirwanyi central, Kirwanyi East, Kirwanyi West, Nakasagazi, Kituule A, Kituule B, Kibalagazi A, Kibalagazi B, Kakkanembe, Bukyambuzi A, Bukyambuzi B, Kisende, Mulanda, Kituule central, Kirwanyi A, and Butayunja in Kirwanyi and Kituule parishes in Butoloogo Sub County in Mubende district.

Naava and others accused were remanded to Kaweeri prison until 19th/July/2022. 

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Defending Land And Environmental Rights

Six community land rights defenders from Kawaala have turned up at police for interrogations but, failed to take off

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By Witness Radio Team.

The six community land rights defenders from Kawaala zone II and the local leader that were summoned to appear at the Old Kampala Regional Police Headquarters have turned up, however, the interrogations did not take off due to the absence of the head of investigating team.

The six community defenders were required to report back to police for further investigations into alleged crimes that have not yet been officially disclosed to defenders’ lawyers. They were supposed to appear before the police investigation team today the 06th of July 2022 at 10:00 AM.

The defenders include; Kasozi Paul, Busobolwa Adam, Kabugo Micheal, Serugo Charles, Ssemanda David, Sserukwaya David, and the area vice-chairman Patrick Kato Lubwama.

While appearing before police for the first time last week on Wednesday 29th, the Deputy Assistant Inspector of Police (D/AIP) Domara Patrick who heads the investigations team casually said the defenders and the local leader are being investigated for obtaining money by pretense and forgery, which charges are not mentioned on police summons.

Since the first COVID outbreak in 2020, the victim defenders and others have been leading a pushback campaign to stop forced eviction by a multimillion dollars Kampala Institutional and Infrastructure Development Project (KIIDP-2) being implemented by Kampala Capital City Authority (KCCA). The drainage channel construction is financed by the World Bank.

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.

Witness Radio – Uganda has established that the Deputy Resident City Commissioner (RCC) in charge of Rubaga Division, Mr. Anderson Burora is among the complainants. Resident City Commissioner is a representative of the president in the Capital City at the division level.

Witness Radio – Uganda believes that police are being used to harass and intimidate defenders to back off the justice campaign for people negatively impacted by the drainage channel.

The defenders and the local council leader have been booked to report back to the police on Monday, the 11th of July 2022 at 9:00 AM local time.

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Defending Land And Environmental Rights

A self-claimed landlord who masterminded the imprisonment of six community land rights defenders for three years has been arrested.

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Naava being arrested by police.

By Witness Radio team.

A joint team of investigators from the office of the Director of Public Prosecutions (DPP) from Kampala and the Mubende police arrested a self-claimed landlord who falsely accused six community land rights defenders of murder and led to a three years imprisonment without trial.

Naava Milly Namutebi was arrested at her farm in Kirwanyi in Mubende district with other alleged land dealers namely Bulasio Musoke, Richard Mugagga, and Henry Kaaya.

Naava’s arrest occurred a few days after the DPP dropped charges of murder against six community land rights defenders who had spent three years without trial. These include Tumusiime Benjamin, Bagirana Innocent, Habana Domoro, Miyingo Gerald, Byangaramani Charles, and Byekwaso Fred.

Since 2012, Naava with the help of senior army, police, and other public officers in Mubende have orchestrated violence and committed human rights violations/abuses against over 4,000 people to evict them off their land. The land is measuring 3.5 square miles covering villages namely Kirwanyi central, Kirwanyi East, Kirwanyi West, Nakasagazi, Kituule A, Kituule B, Kibalagazi A, Kibalagazi B, Kakkanembe, Bukyambuzi A, Bukyambuzi B, Kisende, Mulanda, Kituule central, Kirwanyi A, and Butayunja in Kirwanyi and Kituule parishes in Butoloogo Sub County in Mubende district.

According to locals, Mubende police acting on Naava’s orders arbitrarily arrested and unlawfully detained dozens and dozens of land owners at different police stations in the district. Several victims allege they had to pay colossal sums of money to be released.

For many years, Mubende district has been one of the forced eviction hotspots where families are forced off their land with compensation or being offered settlement. Witness Radio’s one-year research report released in 2017 revealed that over 60% of the total grabbed land in the district was stollen by local investors.

Witness Radio – Uganda research indicates that Naava is involved in multiple land grabs with the help of government security apparatus. In 2017, residents namely Ruhobana Dombo, Samuel Ndekezi, and Chleopus Zariwa from the Butoloogo sub-county in Mubende district were arbitrarily arrested and detained on Naava’s orders by Mubende police.

The victims and other residents lawfully occupied and cultivated their land for decades but got shocked to hear that Naava was claiming ownership of their land.

The trio had gone to their gardens to plant maize on August 17, 2017, when Naava’s stick-wielding laborers attacked and severely beat them.

Naava is currently held at Mubende Central Police Station, with 28 charges including murder, attempted murder, forgery, and others preferred against her.

 

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