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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

State Power: Army Used Expired Mining license to Forcefully Evict 120,000 Families Off Gold-Rich Land

Published

7 years ago

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By Witnessradio.org Team

“On August 4th 2017, at 8am, police and army surrounded the mines and started demolishing any standing structures including restaurants, shops, among others,” Robert Ssempewo, the chairperson of Mubende gold mining grounds recounted to witnessradio.org during a recent visit to the highly guarded 12-square mile land that hosts gold deposits.

The two-day operation under the command of Colonel Joseph Balikuddembe, the UPDF 1st Division commander, followed an order by Energy ministry’s Permanent Secretary, Stephen Isabalija who reportedly been ordered by president Museveni to kick-out of over 50,000 artisanal miners off gold mining land.

Three companies under the directorship of Gertrude Nanyunja Njuba, a state house director on land matters namely; M/S Gemstone International, A.U.C Mining Company, and Kamalenge Mining Company forcefully evicted people at a time when their mining license had expired.

In a recent interview with local media, Njuba said she has had gold mining interests in the area since 1987. In 1994, Njuba said that she obtained a mining lease for 207 square kilometers in an area which straddles two sub-counties namely; Bukuya and Kitumbi in Mubende district.

But according to available documents, Njuba’s mining license has been expiring, but get renewed under mysterious circumstances whose actions are inconsistent with the mining act, 2003.

An anonymous expert in the mining sector, contends that it’s difficult to know how Njuba’s license has been renewed on several occasions over the last 23 years yet technically, she has never complied with the mining act.

A review of the mining act 2003 by witnessradio.org, discovered that Section 47 (1) of the mining act stipulates that “the holder of a mining lease may apply to the Commissioner for the renewal of his or her lease in respect of all, or of part of the mining area not later than one year before the expiry of such lease.” The same law goes ahead to state that if the mining lease expires, the lease holder “relinquish at least 50 per cent of the land as they apply for a renewal” before submitting a renewal application.

Witnessradio.org findings reveal that by the time Njuba evicted the artisanal miners, her mining lease had expired two years prior to the eviction.

Ssempewo, also confirms that Njuba’s lease had expired. He said that “I have information that investor’s exploration license had expired and it’s in the law that if the license expires, you relinquish half of your exploration area.”

He added; “but for over 30 years now, this investor has been operating in the exploration area without relinquishing any part. According to what I know, this investor single-handedly operates the huge exploration area measuring 288 square kilometers.”

When it comes to making application for the mining license, the procedures are well laid down under article 42 (2) of the mining act, 2003.

“An application for a mining lease shall be advertised in the Gazette and copies of the accompanying plan shall be displayed at the relevant district and sub-county headquarters and such other place as the Commissioner may specify,” article 42 (2) states.

Clause (3) of the same article states that “the applicant shall show written proof that he or she has reached an agreement with the landowner of the area he or she intends to mine.”

To tame unreasonable greed, 43 (3) (a) of the mining act provides that “the area of land over which the lease is sought is not in excess of the area reasonably required to carry out the applicant’s programme of proposed mining operations.”

Recognizing the rules, above, Njuba who stretched her exploration area to evict artisanal miners from the neighboring mines flouted the law.

“We are not totally objectionable to the investor because she has her area, but we want our area to be returned because we are also Ugandans,” Ssempewo said, “we want our portion of just 5-square miles so that we can also restore our source of livelihoods.”

The experts asserted that “it is not clear how these mining leases have been renewed yet there is no clear demonstration of mining activities.”

According to this expert, Njuba’s practice is clear indicator of speculation that has dogged Uganda’s mining sector for decades.

During its July 2017 report titled; Uganda: Undermined, a London-based Global Witness revealed that pervasive corruption in Uganda’s mining sector allows crooked officials and investors they partner with to profit at the expense of country’s “economy and people.”

The report exposed the way how well connected individuals including those with close ties to president Museveni trade political influence for financial economy.

“…rather than fulfilling its mandate to work for the benefit of the Ugandan people, the Directorate of Geological Survey and Mines [DGSM] is controlled by a hidden alternative power structure and decision making process or ‘shadow system’ which benefits predatory investors and politically powerful Ugandans,” the report reads in a part.

To achieve her aspiration, Njuba used both police and Uganda People’s Defence Forces (UPDF) soldiers to violently evict people which led to gross loss of property. To this date, the contested land is still under tight guard of armed security personnel who have vehemently denied the indigenous people an opportunity to rescue any of their belongings from the structures that are being razed down by graders.

Related posts:

State House Official Dupes 251 Families, Grabs 2 Square Miles of Minerals Njuba’s Gold Mine victims: A violent Eviction that Opened Wounds That May Never Heal Forever Ugandan State House Official dupes 251 families, grabs 2 square miles mineral-rich land without compensation The Innocent and Invisible Victims of Njuba’s Violent Eviction of 120,000 Families Off 12-Square Mile Mineral-Rich Land 3 Mining Companies named to be evicting 120, 000 families off 12-Square miles in Mubende
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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: Buganda Road Court grants bail to 15 stop EACOP activists after 30 days in prison.

Published

2 weeks ago

on

December 11, 2024

By

By Witness Radio team.

The Magistrate at Buganda Road Court has granted non-cash bail to 15 stop EACOP activists from Kyambogo and Makerere University Business School (MUBS) Universities. They spent 30 days in detention at Luzira Maximum Security Prison on charges of common nuisance.

After the defense lawyers successfully applied for bail, on 10th December, the trial magistrate, Her Worship Nankya Winnie, granted a non-cash bail of 500,000 Uganda Shillings (approximately 136.50 USD) for each activist and their sureties.

The hearing of the bail application for the EACOP activists flopped yesterday. It was adjourned after it was reported that the then-presiding magistrate, Her Worship Sanula Nambozo, had been transferred to another duty station and replaced by Her Worship Nankya Winnie.

The accused activists are all young students from the universities mentioned above. The students include Simon Peter Wafula, Gary Wettaka, Martin Sserwambala, Erick Ssekandi, Arafat Mawanda, Akram Katende, Dedo Sean Kevin, Noah Katiti, Oscar Nuwagaba, Oundo Hamphrance, Bernard Mutenyo, Nicholas Pele, Shadiah Nabukenya, Shafiq Kalyango, and Makose Mark.

They were arrested in early November 2024 for protesting the East African Crude Oil Pipeline (EACOP) project in Kampala, Uganda’s capital. The EACOP project, a major oil pipeline, has been controversial due to its potential environmental impact, including the risk of oil spills and deforestation, and the alleged human rights violations associated with its construction, such as forced evictions and land grabbing.

Despite the risks, the activists marched to Uganda’s Parliament to meet the Speaker and raise concerns about the EACOP project. The peaceful march reiterated numerous concerns raised by civil societies and the European Parliament about the project’s negative impacts.

The EACOP project, which will transport crude oil from Uganda’s Albertine region to Tanzania’s Tanga seaport, has been criticized for delayed compensation for affected persons and secretive agreements. The potential impact on the environment and human rights is a cause for concern.

On 11th November, the accused were charged with common nuisance. Section 160 (1) of the Penal Code Act states that anyone charged with common nuisance is liable to one-year imprisonment on conviction. This charge, frequently imposed against individuals peacefully protesting in Uganda, has notably been used against Stop EACOP activists. While common nuisance addresses acts causing inconvenience or disruption to the public, it is crucial to emphasize that the accused were engaged in peaceful protest, causing no harm or disturbance.

The prosecution alleges that on 11th November 2024, the accused gathered at Parliamentary Avenue, peacefully expressing their dissent and causing no harm. Yet, they were charged with common nuisance, which seems unjust given their peaceful protest. It’s important to note that their protest was non-violent and aimed at raising awareness about the potential negative impacts of the EACOP project.

The court has adjourned the case to 16th January 2025 for a hearing.

Related posts:

Buganda Road Court will hear a bail application for 15 EACOP activists today. Breaking: The Bail Application for the 15 EACOP Activists flops for the second time, as the trial magistrate is reported to have been transferred. A bail application for the 15 EACOP activists failed to take off, and they were remanded back to Prison. Breaking: 15 Anti-EACOP Activists have been charged with common nuisance and remanded to Luzira prison. Breaking: Mwanga II Court grants bail to two defenders and a Project Affected Person (PAP).1
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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: The Bail Application for the 15 EACOP Activists flops for the second time, as the trial magistrate is reported to have been transferred.

Published

2 weeks ago

on

December 10, 2024

By

By Witness Radio team.

A bail application for the 15 EACOP activists from Kyambogo and Makerere University Business School (MUBS) Universities currently on remand at Luzira Maximum Prison on charges of common nuisance has flopped for the second time due to the absence of the presiding magistrate.

The prosecution stated that the bail application could not proceed because the presiding magistrate, Her Worship Sanula Nambozo, had been transferred to another court. As a result, the case file was allocated to a new magistrate, Her Worship Nankya Winnie. She rescheduled to hear the bail application for today, October 10th, 2024, at 9 a.m. EAT.

The bail application for the 15 activists has faced yet another setback, marking the second failed attempt.

This delay in the bail application process means that these young students continue to be held in remand at Luzira Maximum Prison, a situation that is undoubtedly taking a toll on them. On November 16th, 2024, the bail hearing was disrupted due to the absence of two student activists, Wafula Simon and Kalyango Shafik. During that court session, the prosecution informed the court that both individuals were unwell, suffering from red eyes, and had been placed in isolation at the prison hospital.

The activists on remand, all young students, include Simon Peter Wafula, Gary Wettaka, Martin Sserwambala, Erick Ssekandi, Arafat Mawanda, Akram Katende, Dedo Sean Kevin, Noah Katiti, Oscar Nuwagaba, Oundo Hamphrance, Bernard Mutenyo, Nicholas Pele, Shadiah Nabukenya, Shafiq Kalyango, and Makose Mark.

The 15 were arrested in early November 2024 for protesting against the East African Crude Oil Pipeline (EACOP) project in Kampala, Uganda’s capital. The EACOP project, a major oil pipeline, has been a subject of controversy due to its potential environmental impact and the alleged human rights violations associated with its construction.

Despite the risks, the activists marched to Uganda’s Parliament to meet the Speaker of Parliament and raise concerns about the EACOP project. Their persistence in the face of adversity is truly inspiring.

The EACOP project, which will transport crude oil from Uganda’s Albertine region to Tanzania’s Tanga seaport, has been criticized for delayed compensation for affected persons and secretive agreements. The potential impact on the environment and human rights is a cause for concern.

On November 11th, the accused were charged with common nuisance. Section 160 (1) of the Penal Code Act states that anyone charged with common nuisance is liable to one-year imprisonment on conviction. The charge of common nuisance is often used in cases where individuals are accused of causing inconvenience or disruption to the public, but it is important to note that the accused were peacefully protesting and causing no harm.

The prosecution alleges that on November 11th, 2024, the accused gathered at Parliamentary Avenue, peacefully expressing their dissent and causing no harm. Yet, they were charged with common nuisance, a charge that seems unjust given their peaceful protest.

The third attempt for the bail application of the 15 activists has been rescheduled for hearing today at 9 a.m. EAT before Her Worship Nankya Winnie of the Buganda Road Court.

Related posts:

Buganda Road Court will hear a bail application for 15 EACOP activists today. A bail application for the 15 EACOP activists failed to take off, and they were remanded back to Prison. Breaking: 15 Anti-EACOP Activists have been charged with common nuisance and remanded to Luzira prison. Breaking: 15 Anti-EACOP Activists Arrested in Kampala While Marching to Parliament Breaking: Mwanga II Court grants bail to two defenders and a Project Affected Person (PAP).1
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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Buganda Road Court will hear a bail application for 15 EACOP activists today.

Published

2 weeks ago

on

December 9, 2024

By

By Witness Radio team.

A bail application for the 15 EACOP activists from Kyambogo and Makerere University Business School (MUBS) Universities currently on remand on charges of common nuisance will take off today.

On November 16, 2024, attempts to apply for bail for the 15 students flopped due to the absence of two activist students in court.

The prosecution informed the court that Wafula Simon and Kalyango Shafik were sick and suffering from red eyes. They were placed in an isolation room in the prison hospital, thus causing a setback to earlier bail application attempts.

The activists on remand, all young students, include Simon Peter Wafula, Gary Wettaka, Martin Sserwambala, Erick Ssekandi, Arafat Mawanda, Akram Katende, Dedo Sean Kevin, Noah Katiti, Oscar Nuwagaba, Oundo Hamphrance, Bernard Mutenyo, Nicholas Pele, Shadiah Nabukenya, Shafiq Kalyango, and Makose Mark.

They were arrested in early November 2024 for protesting against the East African Crude Oil Pipeline (EACOP) project in Kampala, Uganda’s capital. The activists, undeterred by the risks, were marching to Uganda’s Parliament to meet the Speaker of Parliament and raise concerns about the EACOP project, including the continued gross human rights violations/abuses, the significant threat it poses to the environment, and the criminalization of the mega project’s critics.

The EACOP project will transport crude oil from Uganda’s Albertine region to Tanzania’s Tanga seaport. The project has been criticized for delayed compensation for affected persons and secretive agreements.

On November 11, the accused were charged with common nuisance. Section 160 (1) of the Penal Code Act states that anyone charged with common nuisance is liable to one-year imprisonment on conviction.

The prosecution alleges that on November 11, 2024, the accused gathered at Parliamentary Avenue, peacefully expressing their dissent and causing no harm, yet they were charged with common nuisance. They were accused of causing disruption and inconvenience by holding an unauthorized demonstration on the road while displaying placards and banners opposing the oil pipeline.

The bail application for the 15 activists will be presented before Her Worship  Sanula Nambozo the Grade One Magistrate of Buganda Road Court.

Related posts:

Some of the 15 activists standing in the court dock.
A bail application for the 15 EACOP activists failed to take off, and they were remanded back to Prison. Breaking: 15 Anti-EACOP Activists have been charged with common nuisance and remanded to Luzira prison. Mubende Land Grab: Anxiety as court finally fixed a date to hear bail application for seven Formasa victims Mubende Land Grab: Judge declines to hear bail application, sends suspects back to prison Breaking: 15 Anti-EACOP Activists Arrested in Kampala While Marching to Parliament
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