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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

The committee calls for the protection of projects’ host communities.

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By Witness Radio team

Development Banks and investors have been urged to invest in activities or projects that do not deprive individuals or communities of access to land or land-associated resources on which they depend for their livelihoods.

The negative effects arising from the projects funded by some development banks and investors have forced the Committee on Economic, Social, and Cultural Rights General Comment No. 26 (2022) on Land and Economic, Social and Cultural Rights while giving its general comment on land to call on development banks and states hosting the projects to refrain from actions that interfere, directly or indirectly, with the enjoyment of the Covenant rights in land-related contexts outside their territories

In 2014, an investigation by the International Consortium of Investigative Journalists revealed that some 3.4 million of the most vulnerable people were left homeless by the projects funded by World Bank. Till today, more of the bank’s funded projects continue to harm communities.

Currently, there is an ongoing mediation process between the project-affected persons of Kawaala Zone II and Kampala Capital City Authority, an implementer of a World Bank funded-project over human rights violations.  In December 2020, their houses were marked with an x as a sign of demolition and later some of the residents’ crops got destroyed.

In the Pakwach district, the Paten clan continues to experience gross human rights violations arising from the Wadelai Irrigation Scheme implementation funded by the African Development Bank (AfDB).

According to the communities, the project forcefully acquired more land for the Wadelai Irrigation Scheme project under The Farm Income Enhancement and Forestry Conservation Project-Phase 2 (FIEFOC-2). This was contrary to the earlier understanding with the community that the project would utilize 365 acres which the community had freely offered for the project. Instead, 365 hectares were forcefully acquired.

The committee while reviewing state parties’ reports, claims has encountered an increasing number of references to the negative impact on individuals, groups, peasants, and indigenous peoples’ access to productive resources, as a result of international investment negotiations, agreements, and practices, including in the form of public-private partnerships between state agencies and foreign private investors

The committee says land transfers are quite often financed by international actors, including public investors such as development banks financing development projects requiring lands, such as dams or renewable energy parks, or by private investors.

“Parties must take concrete measures to prevent their domestic and international policies and actions, such as trade, investment, energy, agricultural, development and climate change mitigation policies, from interfering, directly or indirectly, with the enjoyment of human rights that applies to all forms of projects implemented by development agencies or financed by development banks.” The committee noted.

Adding that “ there is a need to establish the necessary regulatory mechanisms to ensure that business entities, including transnational corporations, and other non-State actors that they are in a position to regulate, not impair the enjoyment of Covenant rights in land-related contexts in other countries and moving the necessary steps to prevent human rights violations abroad in land-related contexts by non-State actors over which they can exercise influence, without infringing the sovereignty or diminishing the obligations of the host States.”

The committee further emphasized the conduct of human rights impact assessments before making such investments and regularly assess and revise them. Such assessments shall be conducted with substantive public participation and the results shall be made public and inform measures to prevent, cease and remedy any human rights violations or abuses.

In addition to responsible investment, the committee directed states to take all necessary measures to respect human rights defenders and their work, including concerning land issues and to refrain from imposing criminal penalties on them or enacting new criminal offenses to hinder their work.

DEFENDING LAND AND ENVIRONMENTAL RIGHTS

A bail application for the 15 EACOP activists failed to take off, and they were remanded back to Prison.

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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 has failed to take off today.

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, who were arrested in early this month (November) for their determined protest against the East African Crude Oil Pipeline (EACOP) in Kampala, Uganda’s capital.

They were marching to Uganda’s Parliament to meet the Speaker of Parliament and raise concerns about the East African Crude Oil Pipeline (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.

However, the two accused, Wafula Simon and Kalyango Shafik, did not attend court. The prosecution informed the court that the duo was sick, suffering from red eyes, and currently being kept in an isolation room in the prison hospital. The absence of the two caused a setback to the defense lawyers’ bail application attempt.

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

The prosecution alleges that on November 11, 2024, the accused gathered at Parliamentary Avenue, causing disruption and inconvenience by holding an unauthorized demonstration on the road while displaying placards and banners opposing the oil pipeline.

Grade One magistrate Sanula Nambozo adjourned the case until December 9, 2024, when the defense team is expected to present a bail application for the 15 activists.

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: 15 Anti-EACOP Activists have been charged with common nuisance and remanded to Luzira prison.

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By Witness Radio team.

A group of 15 anti-EACOP protesters from Kyambogo and Makerere University Business School (Mubs) Universities was arrested on Monday, 11th, for protesting against the East African Crude Oil Pipeline (EACOP) project. They have been arraigned before Buganda Road Chief Magistrates Court and charged with common nuisance.

Fourteen of them were students from Kyambogo University including 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 from Makerere University Business School (MUBS). Grade one magistrate Sanula Nambozo remanded them.

Section 160 (1) of the Penal Code Act states that any person charged with common nuisance, once convicted, is liable to imprisonment for one year.

Police arrested them while marching toward Uganda’s Parliament to meet the Speaker of Parliament and raise concerns about the East African Crude Oil Pipeline (EACOP) project, including the gross human rights abuses and the significant threat it poses to the environment.

This case is part of ongoing protests against the $3.5 billion EACOP project, which will transport crude oil from Uganda’s Albertine region to Tanzania’s Tanga seaport. The project has faced criticism over delayed compensations for affected persons and secretive agreements. Despite a European Union resolution against the pipeline, President Yoweri Museveni has insisted it will proceed as planned.

The prosecution alleges that on November 11, 2024, the accused gathered at Parliamentary Avenue, causing disruption and inconvenience by holding an unauthorized demonstration on the road while displaying placards and banners opposing the oil pipeline.

The 15 activists have been remanded to Luzira Prison until November 26, when their lawyers could apply for bail.

 

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: 15 Anti-EACOP Activists Arrested in Kampala While Marching to Parliament

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By Witness Radio team

Kampala, Uganda – A group of 15 anti-EACOP protesters from Kyambogo University have been arrested in Kampala, Uganda’s capital by police while marching toward the Ugandan Parliament, Witness Radio has learned.

The activists, dressed in orange T-shirts bearing the slogan “No to Oil” and chanting “Stop EACOP,” were arrested by Police at Parliamentary Avenue at approximately 10 a.m. EAT this morning. They wanted to meet the Speaker of Parliament to raise concerns about the East African Crude Oil Pipeline (EACOP) project.

The protesters claim that the EACOP project has led to severe human rights abuses and poses a significant threat to the environment.

Their arrest comes just hours after the start of COP29 in Baku, Azerbaijan. The 29th Conference of the Parties (COP29), hosted by the Government of Azerbaijan, officially begins today, Monday, 11 November, and runs through Friday, 22 November 2024. It aims to build on previous achievements and set a foundation for future climate ambitions to address the global climate crisis.

Uganda, represented at COP29, hopes to use this opportunity to obtain funds for projects related to resilience and adaptation. However, campaigners contend that rather than speaking for Ugandans negatively impacted by climate change, the delegates will emphasize securing financing for environmentally damaging initiatives like EACOP.

Activists are being detained at the Central Police Station in Kampala.

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