By Witness Radio Team.
A Kawaala Zone II community land rights defender who was waylaid and arrested by eight (8) armed policemen has been found at Old Kampala regional police headquarters and released without a charge.
On 31st/10/2022, armed Policemen arrested Kabugo Michael who was due to set off for a community meeting between the residents, Witness Radio – Uganda, and the Accountability Counsel intended to discuss issues surrounding their land interests targeted by the infrastructural project.
Kabugo is a community land rights defender in Kawaala Zone II Rubaga division, Kampala district. He is one of the community land rights defenders facing reprisals for defending the community’s land targeted by Kampala Capital City Authority (KCCA) for a drainage channel construction and expansion project funded by the World Bank.
After a long day search for the abducted community defender, Witness Radio lawyers found him held at the Old Kampala regional police headquarters.
Mrs. Adongo Sarah, one of the victim’s lawyers said the police reviewed an old file where the victim was accused of ‘fraud’ and re-interviewed him.
“He was able to make an additional statement, and his police bond and that of his other colleagues accused alongside with on the old file was extended to Friday 4th November this year.” She added.
She further said Michael’s arrest was arbitrary, adding that even the Officer in Charge of the case at Old Kampala Regional Criminal Investigations Department could not give reasons.
The victim’s lawyers believe these increased actions of arrests, kidnaps, and detentions of Kawaala community land rights defenders are reprisals for their work of opposing
Breaking: A Kawaala community land rights defender kidnapped and taken to unknown destinations, others on the run.
Armed Policemen have this morning waylaid and arrested a community land rights defender in Kawaala zone II Rubaga division, Kampala district, Witness Radio-Uganda has learned.
Mr. Kabugo Micheal is a renowned community land rights defender who advocates for fair compensation of the community land on an ongoing project of Lubigi drainage channel expansion funded by the World Bank and implemented by the Kampala Capital City Authority (KCCA).
According to eyewitnesses, the defender was at Mr. Kasozi’s home (one of the community defenders) before setting off for a community meeting between the residents, Witness Radio – Uganda, and Accountability Counsel. The meeting was to discuss issues surrounding their land interests targeted by the infrastructural project.
“As he was sitting on a Boda (motorcycle taxi driven in Uganda and other East African States), police rounded him up before his arrest. We saw him being manhandled. They (police) forced him onto one of the police bodas before he was taken to unknown destinations.” Said an eyewitness.
Another eyewitness further explained that he was arbitrarily arrested by eight (8) armed policemen on a police patrol
Mr. Kasozi Paul Ssengendo who also witnessed the arbitrary arrest of Michael said police are targeting them with arrests because of their work to resist forced eviction by Kampala Capital City Authority.
“I am currently on the run. I was a target of police but I managed to escape.” The defender told Witness Radio.
In June this year, Mr kabugo and 5 others were arrested and falsely charged with forgery, a charge they said is retaliation for their work in fighting for their land rights.
Breaking: Court dismisses a criminal case against a community land rights defender for want of prosecution.
By Witness Radio Team.
Kiryandongo. A criminal trespass case against a community land rights defender has been dismissed over the prosecution’s failure to adduce evidence before the Chief Magistrate Court that pinned the community defender on the alleged charges.
On 27th October 2021, Kiryandongo Chief Magistrate Court charged Otyaluk David with criminal trespass and remanded him to Masindi prison. He was later granted court bail and since then, he has been traveling 48 kilometers to and from court every fortnight.
Before he was presented before a court, Otyaluk was kidnapped and illegally detained in Kiryandongo Central Police Station (CPS) cells for five (5) days for trespassing on a piece of land he (Otyaluk) had lived and cultivated since he was born.
In the afternoon of 21st October, two (2) armed men cladding Uganda People Defense Forces (UPDF) uniform and police personnel raided Otyaluk’s home and got him kidnapped to an unknown destination. UPDF soldiers guard Kiryandongo Sugar Limited plantations.
“On the day of his kidnap, Otyaluk was found praying in his house. In a blink of an eye, the defender was rounded up and bundled onto a vehicle owned by Kiryandongo Sugar Limited, forcefully evicting us off our land. We later learned that he was taken into evictor’s facilities where he was kept for some time before being transferred to Kiryandongo CPS” A family member remembers.
A family member further added that before the kidnap, Otyaluk’s family had lost about 12 acres of land to Kiryandongo Sugar Limited.
“Company workers under the protection of soldiers brought a tractor and plowed acres of semi-mature maize, beans, sorghum, and sim-sim. We were only left with a small piece of land where our house sits and we are currently trapped in the middle of a sugarcane plantation” a family member added.
Since the trial period was announced, the prosecution failed to bring witnesses to pin Otyaluk for trespassing on his land. It was only on the 19th of July, 2022 during a court session, one Adamuru Peter, allegedly to be a company manager turned up as a company representative but not as a witness.
In her ruling last week, a magistrate at Kiryandongo Magistrate court discontinued the trial of Otyaluk and dismissed the case.
Otyaluk is one of the luckiest among hundreds of community land and environmental rights defenders currently under persecution to have his case dismissed. It’s an order of the day for the community land and environmental rights defenders to be kidnapped, arbitrarily arrested, and tortured on orders of investors for their work of mobilizing the communities to desist land grabs.
Kiryandongo Sugar Limited is among multinationals forcefully evicting over 35000 local and indigenous people off their land to give way to large-scale agribusinesses.
Kiryandongo Sugar Limited is one of the many companies owned by the Rai Group of Mauritius. The dynasty owns several other companies in DR Congo, Kenya and Malawi, and Uganda. A dynasty owns companies such as West Kenya Sugar (which owns Kabras Sugar), Timsales Limited, Menengai Oil Refineries, Rai Ply, and Webuye Panpaper.
In Uganda, the Rai Group of Mauritius owns Nile Ply limited, Kinyara Sugar Limited, and Masindi Sugar Limited among others. One of its directors is a shareholder of a British Virgin Islands company, listed in the Panama Papers database recently.
The same company has fraudulently gotten a license to replace part of Bungoma natural forest with a sugarcane plantation.
“Court has shown today that the company is maliciously arresting us to keep us in jails. To weaken our hearts, wasting our time and resources. They intentionally do this because we refused to surrender the land we have lived on for years. It is shaming that the government has failed to protect the rights of the poor people.” The defender noticed.
Kawaala community land rights defenders will report for police bond for the fourth time on 1st August.
By Witness Radio – Uganda team
Kampala, the three community land rights defenders from Kawaala Zone II charged with fraud are reporting back at the Old Kampala Regional Police Headquarters on Monday 1st of August.
It will be the fourth time for the defenders to report for the bond.
While appearing at the station on 18th July 2022, the two of the three defenders were re-arrested and subjected to another interrogation which lasted for one hour between 11 am to 12 pm local time.
They were quizzed by the head of the investigations at the Old Kampala Police headquarters, Deputy Assistant Inspector of Police (D/AIP) Patrick Domara. Land rights defenders Kabugo Michael and Kasozi Paul Ssengendo reported. The third defender Busobolwa Adam did not turn up due to health-related issues.
On the third time, the two defenders who reported before police recorded additional statements on fraud charges that were preferred against them on July 11th, 2022.
Section 342 of the Penal Code states that forgery is the making of a false document with the intent to defraud or deceive. It carries three-year imprisonment on conviction.
The lawyers representing the defenders said their clients were questioned by the police about their land ownership in Kawaala and the documents proving ownership. Police said that the complainant accuses defenders of forging land sales agreements and occupying land illegally.
The defenders were summoned, arrested, and interrogated on the orders of the Deputy Resident City Commissioner (RCC) in charge of Rubaga Division Anderson Buroora who is accusing them of fraud.
The Resident City Commissioner is a representative of the president in the Capital City at the division level.
However, Witness Radio – Uganda believes that charges preferred against the community land rights defenders are a result of their continued mobilization of the local community of Kawaala to resist forced eviction, seek fair compensation, and resettlement before the Lubigi drainage channel is constructed.
“We challenge the RCC to bring evidence pinning the community land rights defenders on the alleged charges. We believe this is intimidation and continued efforts of fighting back to silence the work of the land rights defenders, wastage of their time and resources,” said one of the lawyers.
Since the first COVID outbreak in 2020, the victim defenders and others have been leading a pushback campaign to stop forced evictions by a multimillion dollars Kampala Institutional and Infrastructure Development Project (KIIDP-2) funded by World Bank. Kampala Capital City Authority (KCCA) is the implementer of the project.
The said 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.
According to Witness Radio-Uganda lawyers, the community which is being forced off of its land without due process started living on that land in the 1940s and did not invite the project on their land.
The defenders will be reporting back on police bond at 10 am local time on the 1st of August 2022.