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The district security committee continues to defy gov’t’s directive to return locals to their land 48 days later.

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By  Witness Radio team,

10th February 2023 will remain poignant in the lives of hundreds of Kapapi residents whose livelihoods were lost in a forced eviction executed by government security forces in Hoima and private security guards attached to Magnum Security Company. The forced evictions are to benefit land grabbers and speculators from the East African Oil Pipeline project.

The evictions left over 500 families forcefully evicted from the land they had lived on for decades. The communities accuse a group of people namely; Ndahura Gafayo, Aston Muhwezi, David Mpora, Monica Rwashadika, one Agaba, Wilber Kiiza, and Moses Asimwe of masterminding the land grabbing in Waaki North, Kapapi Central, Waaki South, Runga, and Kiryatete villages in Kapapi and Kiganja sub-counties, Hoima district.

On 22nd of February, 2023, the government of Uganda, through the Minister of Lands Housing and Urban Development, Honorable. Judith Nabakooba directed all the affected persons to be returned to their land. However, the illegal eviction victims are instead forced into hiding due to constant threats of arrest and intimidation. Their homesteads and land remain inaccessible as they are tightly guarded by security guards.

In a meeting attended by victims, village leaders, police, and Resident District Commissioner (RDC), among other leaders in Rukola village, Hon. Nabakooba stated that the eviction was unlawful and directed the district security committee which is headed by the RDC to oversee the resettlement of the communities back on their land until investigations onto the ownership of the land are concluded. To date, the directive remains unimplemented.

On February 28, 2022, President Yoweri Museveni banned all land evictions in the country that are carried out without the consent of the respective District Security Committees (DSC).  “No eviction should be allowed to take place in a district without the consent and direct observation of the District Security Committee (DSC), chaired by the Resident District Commissioners/Resident City Commissioners (RDCs/RCCs) and direct consultation with the Minister of Lands” the President’s letter addressed to the Prime Minister and Chief Justice reads in part.

Witness Radio’s research reveals different forms of violence have been meted out against the downtrodden, such as beatings, arrests, stealing, and continued looting of affected communities’ animals, all targeting to weaken them to surrender their land. Witness Radio is also investigating the allegations of gang rape and sexual assaults against some women in Kapapi.

Despite the ministerial order, the poor families remain abandoned wandering in different parts of the country for survival. PAPs revealed that after the minister’s directive, police and armed forces intensified their violent land-grabbing activities and continued denying them access to their homesteads and land.

The District Security Committee tasked by the Minister on 22nd of February 2023 to resettle the communities back on their land disregarded her order.

In an interview with the assistant Resident District Commissioner, Mr. Michael Kyakashari to understand how far the committee had gone with implementing the minister’s directive. He told our researcher that he did not have an answer to the question.

According to the leaders of the affected community, the evictors are now targeting men with beatings, arrests, and unscrupulously charging them which forced many of them into hiding, leaving women to take responsibility for their families.

“Every man who would interfere with their land grabbing move would be hunted, beaten, and arrested, and then put charges on you because they are powerful and directly deal with police which forced many us to hide for fear of our lives or being put behind bars.” Kamusabe (not the real name) told Witness Radio.

Kobusingye (not the real name due to fear of retaliation), a mother of 13 had settled on her 60 acres of land for the past 27 years. On a fateful day, she claims her three houses were razed, property worth millions destroyed and some of her goats are believed to have been looted and slaughtered by the evictors. She is one of those struggling to make ends meet for her family after her husband was forced into hiding.

“I don’t know where my husband is and we rarely talk because he tells me he is being spied on. I have spent a week here at church struggling to feed myself. I also left my children at the home of my relative but they keep on calling me to pick them up because they are many, 13 of them, and hence have become a burden. I don’t know how they are, and what to do next for them because ideally, I have no other alternative.” Kobusingye told the Witness Radio team.

MEDIA FOR CHANGE NETWORK

Witness Radio petitions chief prosecutor: Want 34 community land rights defenders and activists released from prison.

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By Witness Radio team.

In the Hoima District, Western Uganda, an urgent and immediate action is crucial to halt an ongoing land grab. The work of community land rights defenders, activists, and local leaders has unfortunately been criminalized, with thirty-four (34) people from Rwobunyonyi, Kirindasojo, and Kihohoro villages falsely accused and sent to different prisons in the Hoima district.

Criminal files No. CRB 330-2022 has Busobozi Patrick, Kaija Phillip Osborn, Mbabazi Isaya, Wembabazi Denis, Tumusiime David, and Abitegeka David charged with aggravated robbery, while the CRB 84-2023 file has Magezi Lawrence, Kaahwa Nelson Komugisa Junior, Mugenyi Vincent, and others on murder charges. The files have been established to gang the work of community defenders and activists.

According to sections 189 and 286 (2) of the Penal Code Act cap 120, both offenses carry the death penalty upon conviction.

As observed above, community land rights defenders, activists, and local leaders have been targeted since 2022. The number of targeted defenders keeps on growing. Sadly, those who have been remanded to prison are still waiting for their cases to be tried, which is tantamount to judicial harassment and persecution.

Witness Radio findings indicate that one Fred Kato Mugumba allegedly orchestrated the land grab. He is backed by officials from Hoima police, Hoima district Office of Director of Public Prosecution (ODPP), and judicial staff. Mugambe and his accomplices aim to evict over 500 small-scale farming families from their ancestral land.

If the land grab is successful, the community will suffer a devastating loss of 800 hectares of land used for food cultivation. This loss will lead to children dropping out of school, families breaking apart due to lack of resources, and a significant increase in food insecurity, hunger, poverty, and illiteracy levels in Uganda.

The affected communities have a deep-rooted connection to the land, having lived on it for over 50 years without disruption. The ongoing persecution by Mugamba and his agents is, therefore, particularly shocking and unjust.

The same land almost ended the life of Junior Lands Minister Sam Mayanja, who was targeted with gunshots when he visited the contested land on August 24, 2023, to protect land grab victims. The current situation highlights the urgent need for intervention from a powerful office.

Witness Radio has, among other interventions, petitioned the Director of Public Prosecutions (ODPP) and urged the Chief Prosecutor’s office to call the file from Hoima High Court.

The office of the DPP is a constitutional body mandated to direct police to investigate any information of a criminal nature, institute criminal proceedings against any person or authority in any court other than a court-martial, take over and continue any criminal proceedings instituted by any person or authority, and discontinue at any stage before judgment any criminal proceedings.

Uganda is experiencing an influx of land-based investments, which have fueled land-grabbing tendencies and criminalization of community land rights and environmental defenders and activists’ work.

In the petition, Witness Radio alleges that Fred Kato Mugamba fabricated these charges in collusion with John Angwadya, a former local council member and chairperson of one of the targeted villages, Rwabunyonyi, as part of a strategy to facilitate the unlawful eviction of the community from their land.

“It is deeply concerning that the accused remain in protracted detention despite the constitutional guarantee of a fair and speedy trial and right to liberty. This is a clear violation of defenders’ fundamental rights and raises serious concerns about the criminal justice system’s integrity in this matter. The prolonged delay in their trial and the apparent ulterior motive behind the charges necessitate immediate intervention to prevent the miscarriage of justice,” the petition reads in part.

Despite multiple attempts by the community to engage various stakeholders, including Hoima’s district leadership, the Hoima District Police, the State House Land Protection Unit, and the State Minister for Lands, Dr. Sam Mayanja, their efforts have been futile. Instead of finding justice, those who resist are met with criminal charges and continued evictions, leaving many families landless and helpless.

“The efforts of our clients and community individuals engaging the different offices are viewed as a threat to the evictors, hence fabricating different charges against the accused persons to pave the way for the land grabbers to occupy the land in the absence of the accused persons. It is evident that the pending charges of murder and aggravated robbery are being made as a tool to harass and deprive our clients and family members,” the petition further reads.

In the petition to the Director of Public Prosecutions (DPP), Witness Radio has called for an urgent review of the circumstances surrounding the arrests and prosecutions of the accused. Witness Radio is requesting the issuance of a Nolle Prosequi to quash the charges and the immediate release of the prisoners.

The organization also demands that the case be expedited to prevent further unwarranted deprivation of liberty and calls for an independent investigation into any potential abuses within the criminal justice system.

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MEDIA FOR CHANGE NETWORK

The joint final review of the National Land Policy 2013, a significant and collaborative effort between the government and Civil society organizations, is underway.

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By Witness Radio team.

Under the leadership of the Ministry of Lands, Housing, and Urban Development (MLHUD), and in partnership with Civil Society Organizations (CSOs) led by Participatory Ecological Land Use Management (PELUM), a crucial final review of the National Land Policy (NLP) 2013 is taking place in Kampala.

The Consultative event is a unique and empowering opportunity for all land actors to actively contribute to shaping Uganda’s land governance framework. It seeks to engage CSOs in shaping reforms in the much-awaited National Land Policy, addressing pressing land-related concerns such as land grabbing, promoting equity in land access, and enhancing strategies for sustainable land management.

The land ministry is expected to present a revised 2024 draft of the basis for discussion and obtaining valuable input from land actors and PELUM Uganda members to boost the policy framework.

Uganda first adopted the National Land Policy in 2013 to ensure the efficient, equitable, and optimal utilization of land and land-based resources for national development. Grounded in principles drawn from the 1995 Constitution and other macro-policy frameworks such as Uganda Vision 2040 and the National Development Plan (NDP), the NLP has served as a comprehensive guideline for Uganda’s land ownership and management.

With a decade of implementation behind it, the Ministry of Lands, Housing, and Urban Development is now reviewing the policy to integrate emerging trends and challenges. This review is crucial as it will ensure the policy’s relevance in the evolving land governance landscape, directly impacting your daily lives. The consultation process underscores the government’s unwavering commitment to inclusive decision-making by involving civil society and key stakeholders in policy formulation, ensuring everyone’s voice is heard and valued.

The event will be broadcast live on Witness Radio. To listen live, download the Witness Radio App from the Play Store or visit our website, www.witnessradio.org.

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MEDIA FOR CHANGE NETWORK

Businesses, banks and activists resist EC plans to strip back human rights legislation

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Today the European Commission introduced their ‘Omnibus simplification package’ to amend key laws of the EU Green Deal, including CSDDD, CSRD and Taxonomy. The package proposes significant changes, including the removal of civil liability provisions in the CSDDD and removing 80% of companies from scope in the CSRD.

The earlier announcement from the European Commission as well as the leaked draft to reform recently-agreed EU laws such as the CSDDD has already come under attack from businesses, expertsinvestors and activists alike.

The UN Global Compact and companies including Unilever, Vattenfall and Nestlé have also expressed their concern. Nestlé Europe’s Bart Vandewaetere said that it had “been reporting on [environmental impact and human rights issues in the supply chain] ourselves for years. European regulations mean that more companies have to start doing that. That creates a level playing field and we welcome that.”

Former president of Ireland Mary Robinson added: “Von der Leyen’s new Commission’s attempt to eviscerate these sustainability laws must not be agreed by the European Parliament and by the member states.”

The European Banking Federation warned that weakening the CSRD could create challenges for banks, echoing concerns from more than 160 investors who cautioned that the Omnibus package could harm investment and increase legal uncertainty.

CSOs such as the European Coalition for Corporate Justice (ECCJ)WWF and the Clean Clothes Campaign have also sharply criticised the proposal. The ECCJ writes the proposal is “not simplification, but full-scale deregulation designed to dismantle corporate accountability”.

Workers’ organisations and trade unions from garment-producing countries across Asia, Europe and Latin America also opposed the ‘Omnibus’ this week, highlighting the risk the proposal will “exclude most supply chain workers” including 49 million home workers.

Source: Business & Human Rights Resource Centre

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