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……Special Report abridged testimony…… How a pregnant woman was beaten by multinationals and local police over her land…

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…..Special Report abridged testimony…..

How a pregnant woman was beaten by multinationals and local police over her land…

By witnessradio.org Team

Wineza Kuluwudini, is one of the many smallholder farmers that have tested the wrath of the multinational companies and police in Kiryandongo district because she was found digging in her garden.

Kuluwudini, a mother of four children before her 16 acres were grabbed by Great Season SMC Company Limited, she would earn about 2 million shillings equivalent to USD 720 per season after harvesting cabbages, rice, matooke and maize.

Great Seasons SMC limited, solely owned by a Sudan investor currently based in Dubai, is part of the three multinational companies that are forcefully evicting more than 35000 poor off their land to give way for agribusiness investments without any legal process. Other companies include Kiryandongo Sugar Limited owned by the RAI Dynasty from Mauritius and Kenya; and Agilis Partners Limited owned by American twin brothers.

Kuluwudini a resident of Kisalanda – Jerusalem, Kitwala sub-county in Kiryandongo district was on a fateful day of 8th September 2020 attacked by a group of armed men attached to Great Season SMC Company under the protection of police officers attached to Kiryandongo police station led by a one Abura Felix attached to Kiryandongo district police.

According to medical reports seen by Witness Radio – Uganda, Wineza Kuluwudini was 8 (eight) months pregnant at the time when she was attacked and severely beaten.

“I was cultivating in my garden at around 9 am local time when a group of 7 men attacked me, they asked what I was doing and I replied that I was in my garden digging. Out of the blue, they started beating me, I pleaded that they should stop but they could not, I felt unconscious after counting to about 8 strokes, beating every part of my body including my stomach, and yet they would visibly see that I was pregnant but could not stop beating me” Narrated Wineza Kuluwudini.

According to an eyewitness, who preferred anonymity, after beating Kuluwudini into a state unconsciousness, the seven-male attackers, grabbed her from the ground, and dumped her into their tractor to be transferred to an unknown place.

Ndahimana Ramu, the husband to Kuluwudini told Witness Radio – Uganda that after escaping from police and company workers that had stormed their garden, he briefly hid in the bush and later returned back home but said, he could not

see his wife.

He said, he called his fellow villagers to mount a search exercise for the missing wife.

“In few minutes, we found her laying alongside the road and she was too weak and could not walk. We briefly took her back home to bath and later to the hospital, but condition was so worrying” Narrated Ndahimana.

Ndahimana further explained that upon reaching the hospital, the medical team told them that the baby was not in a bad state but the victim (Kuluwudini) may fail to do her usual work and that indeed his wife cannot continue with the said work.

He added that he was blocked from opening up a criminal case at Kiryandongo district police by  police officer Abura and company workers.

According to Ms. Bulyerali Joan, one of the victim’s lawyers, the companies are preferring violent methods to intimidate and force the poor villagers to leave their only available source of income.

“This is not the first case of torturing a pregnant woman in Kiryandongo, we have received several victims of brutality, rape, and defilement by workers of multinational companies. Police, too has perpetrated brutality.” She added.

Joan also blames the police for being indifferent and paying lip-service to the vulnerable women.

“I am shocked! Some have suffered miscarriages, their plight has been exacerbated by the inaction of the would be protector – the police. It will either condone or pay aloof to these heinous crimes that threaten motherhood whenever called upon to act” She noted.

Witness Radio – Uganda condemns in the strongest terms possible the use of violence against poor communities, and demands that police and other agencies should protect the poor communities land.

Defending Land And Environmental Rights

Breaking: Mwanga II Court grants bail to two defenders and a Project Affected Person (PAP).

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By Witness Radio team

A Magistrate court sitting at Mwanga II road in Kampala has granted a cash bail to two community land rights defenders and a project-affected person after spending 24 and 21 days on remand respectively.

Defenders; Kabugo Michael and Kasozi Paul Ssengendo and a project-affected person, Charles Sserugo, were charged with conspiracy and obtaining money by pretense before being sent to Luzira prison.

Before being charged and remanded to prison, Kabugo and Kasozi, on several occasions, had been in and out of Old Kampala Police on orders of the Deputy Resident City Commissioner (D/RCC) in charge of Lubaga Division in Kampala Kampala.  RCC is a title given to the president’s representative at either district or division levels.

Both defenders have been mobilizing project affected community in Kawaala, Zone II, to resist forced evictions orchestrated by the Kampala Capital City Authority (KCCA) and demand justice for all project-affected persons. The project is implemented with funding from the World Bank.

KCCA acquired a loan of over USD 175 from the World Bank and the International Development Association (IDA) in 2015 for the second Kampala Institution and Infrastructure Development (KIIDP-2) project. Part of this money (USD 17.5 million, which is 63 billion Uganda shillings) is to construct the Lubigi Drainage Channel.

Before granting them bail, the court gave stringent conditions namely; each of the accused had to pay paid cash of two million Uganda Shillings (equivalent to 535.06 US Dollars); attend court whenever summoned; directed them not to leave the country; and keep off the prosecution’s investigations.

Section 309 of the Penal Code Act Cap. 120 states that the charge of conspiracy takes three (3) years imprisonment on conviction while the maximum sentence of obtaining money by pretense, according to Section 305 of the Penal Code Act Cap. 120, is a punishment of five years imprisonment on conviction.

His Worship, Byaruhanga Adam, relied on the submissions filed by the defense lawyers, which included presenting substantial sureties. Their sureties were conditioned with 50 Million Uganda Shillings (equivalent to 13,376.50 US Dollars) non-cash.

The Court will resume on the 4th of April 2023 at 10: 00 am East African standard time.

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Defending Land And Environmental Rights

The ruling of bail applications for the two community defenders and a project-affected person of Kawaala zone is happening today.

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By Witness Radio team.

Mwanga II Magistrate Court in Mengo, in Kampala is hearing bail applications for the two community land rights defenders and a project-affected person (PAP) of Kawaala zone II, in Rubaga division who have been on remand for 14 and 11 days respectively, this morning.

Mwanga II Grade I one Court charged the two community defenders, Mr. Kabugo Micheal and Kasozi Paul Ssengendo, and a project-affected person Mr. Sserugo Charles with conspiracy and obtaining money by pretense and remanded them to Luzira Government prison.

Mr. Kasozi and Sserugo were arrested on Wednesday, 15th February 2023, whereas Mr. Kabugo was arrested on Saturday 18th, 2023 in a morning raid.

Last week, the hearing of the bail applications that had been scheduled to take place on Wednesday, 22nd of February 2023 failed to take off due to the absence of the trial magistrate. Court said he (the trial magistrate) was nursing a sick person.

On the same day, all three appeared the second time before the Grade one Magistrate because the Magistrate His worship Byaruhanga Adam with jurisdiction to hear their case was attending to his sick mother.

According to their lawyers, they sought permission from the grade one magistrate to enter an oral bail application on record which he permitted but denied granting them bail. His Worship Magezi Amon said his Court does not have jurisdiction to grant bail to the accused and requested them to wait for a bail ruling when the trial magistrate returns. 

Section 309 of the Penal Code Act Cap. 120 states that the charge of conspiracy takes three (3) years imprisonment on conviction while the maximum sentence of obtaining money by pretense, according to Section 305 of the Penal Code Act Cap. 120, is a punishment of five years imprisonment on conviction.

The two defenders have been facing reprisals for leading their community to push back a forced eviction by a World Bank Project implemented by KCCA.

All the three who are expected to appear in Court today, are residents of Kawaala Zone II, Lubaga Division, Kampala district, an area Kampala Capital City Authority (KCCA) intended to forcefully evict locals and construct a drainage channel, a project funded by the Word bank.

KCCA acquired a loan of over USD 175 from the World Bank and the International Development Association (IDA) in 2015 for the second Kampala Institution and Infrastructure Development (KIIDP-2) project. However, part of the money (USD 17.5 million, which is 63 billion Uganda shillings) was meant for construct the Lubigi Drainage Channel.

His Worship Byaruhanga Adam is expected to return this morning, 1st March 2023, Wednesday to deliver the ruling of bail applications.

 

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Defending Land And Environmental Rights

A Court in Kiryandongo releases two community land rights defenders and eight farmers on bail.

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By Witness Radio team

The Magistrate Court in Kiryandongo District has granted bail to the two (2) community land rights defenders and eight (8) farmers of Nyamutende village, Kibeka Parish, Kiryandongo sub-county in Kiryandongo District who were charged with three counts of threatening violence.

All the ten accused were released on a non-cash bail of 500,000 UGX equivalent to 135.4 USD, while the sureties were conditioned with 2,000,000 Million Uganda shillings (541.6 USD) non-cash. The defense lawyers presented 12 sureties.

The two community defenders and eight farmers had spent 13 days on remand at Kigumba prison. On 8th February 2023, the District Police Commander (DPC) Muhangi Edson invaded homes in the wee hours and violently arrested two land rights defenders and ten farmers plus two minors. The minors were later released from Kiryandongo police cells.

Among the persons granted bail include Mulekwa David and Mulenga Jackson (community land rights defenders). At the same time, local farmers released are Kanunu Innocent, Musabe Steven, Munyankole Enock, Lokong Gabriel, Ntambala Geoffrey, Kagenyi Steven, Mukombozi Frank, and Kuzara Frank.

On 09th/02/2023, the ten (10) were charged by the Magistrate Court in Kiryandongo with three counts of threatening violence, and all entered a plea of not guilty. Threatening violence takes a punishment of four years imprisonment upon conviction.

The prosecution alleges that the victims on 01/02/2023 threatened to injure, assault, or kill Wakoko Robert, Kilenda David, and Kato Francis. The trio is a laborer of Somdium Limited, which is forcefully evicting locals off their land without compensation, and resettlement.

The prosecution led two other witnesses totaling five namely the investigative officer of Kiryandongo police Businge Patrick, and Balute Isaac, the Somdiam Company Limited manager.

Before the bail was granted, the prosecution first claimed that they were not served with documents of the sureties despite the defendants’ lawyers having proof. This forced the defendant’s lawyers to ask for leave of court to settle the matter.

The prosecution further told the Court, in their reply submission that the sureties were not substantial, asking for the court not to grant them bail.

The defendant’s lawyers submitted their rejoinder which was relied on by the magistrate to give the accused bail stating that the sureties are substantial and the case is bailable.

The imprisonment of the community defenders and farmers came after their continued resistance to leave their land which accommodates over 1000 homesteads.

According to information gathered by Witness Radio Uganda, Somdiam Company Limited was incorporated in Uganda in 2011 and deals in imports of assorted food commodities among these are rice, sugar, vegetable cooking oil, biscuits, salt, tomato paste, powdered milk, pasta & spaghetti and are well established with professional operations is interested in growing sugar canes in Kiryandongo district.

The Court was adjourned to the 21st of March 2023 at 9:00 am East African Standard time.

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