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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

The lives and properties of community activists and land rights defenders continue to be targeted as harmful investments are getting rooted in the Kiryandongo district.

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By Witness Radio Team.

As land grabs spike in Uganda, community land rights defenders continue to pay the price for protecting land for vulnerable and poor people.

In areas affected by forced evictions, land rights defenders mobilize and organize local communities to resist the forced evictions. But their work gets appreciated by arrests, detention, and prosecution on trumped-up charges.

The main target of the grabbers is to eliminate the few people that amplify the voices of the communities to ease the forced eviction processes. In this instance, forms of human rights violations/abuses include arbitrary arrests, kidnaps, illegal detentions, and tortures, among others with the intent to instill fear among community members.

One of the most targeted community land rights defenders is Mr. Otyaluk Ben Wilson. At first, land grabbers targeted his life but, he could bow down and now, tactics changed to his garden, which is a source of food for him and his family. At the beginning of 2022, Otyaluk planted 6 acres of Maize and intercropped it with Sorghum but the company workers of Kiryandongo Sugar Company limited came with a tractor and plowed it down.

Kiryandongo Sugar Limited, owned by the Rai dynasty is one of the multinationals that practice violence in name of making profits.  For over 5 years, the company has targeted community activists and land rights defenders speaking against harmful investment.

The company is one of the three multinational companies that have evicted over 35000 residents in the Kiryandongo district since 2017. The other companies are Great seasons SMC Limited and Agilis Partners Limited.

On several occasions, particulars of tractors and agents behind forced evictions have been written down and reported to the police but, nothing changes. According to eyewitnesses, the company tractor with registered number plate UBE 600U came at around 15:00 hours (E.A.T) on the 30th of April and razed down Otyaluk’s 6 acres of maize and sorghum with impunity whereby after, company agents directed him (Otyaluk) vacate his land with out compensation.

Before the above incident, on the 13th and 29th of April, 16 acres of maize that belonged to Otyaluk, 06 acres belonging to Mr. Amanyi Tom and 03 acres of maize belonging to Mr. Tusabe Emmanuel were razed down by the same company workers using tractors whose numbers were written down namely UAM 823L and UBA 737A. He was never compensated and Kiryandongo Sugar Limited does not allow him to use his land to date, which situation is causing suffering and poverty to his family of 8. Anywar is the

According to Anywar David, the area Local Council One (1) Chairperson, he wrote a letter as an elected leader of the area to the Kapundu area police Officer in Charge to intervene but in vain.

“This has become a serious headache and a norm in my area of jurisdiction, I herein forward them to you for further assistance,” a letter seen by Witness Radio – Uganda reads in part.

Another incident happened on 25 March 2020, at Nyamuntende village. Agents of Kiryandongo Sugar Limited in the company of four government soldiers from Uganda People’s Defence Forces (UPDF), entered the property of the defender with a tractor and plowed down his maize garden. When he (Otyaluk) tried to stop the tractor from destroying his crops, the soldiers roughed him up, took him to a kangaroo detention center, and he was badly beaten. He was later taken to a facility located on the sugarcane plantation. At the company facility, he (Otyaluk) alleges that he was tortured before being transferred to the Kiryandongo district Police headquarter where he was illegally held for seven days before being charged with an abusive criminal charge of trespass. Later, he was released on bond.

Similarly, on Friday 12th March 2021, Otyaluk was assaulted and picked from his home at gunpoint by armed soldiers guarding Kiryandongo Sugar Limited’s sugarcane plantation and tortured. He was later transferred to Kiryandongo Central Police station and charged with setting fire to crops. https://witnessradio.org/violence-escalation-land-right-defender-is-picked-from-his-home-on-a-gunpoint/

On 21st October, the defender was picked from his garden, arrested, and charged with criminal trespass. https://www.farmlandgrab.org/post/view/30575-uganda-militarized-corporate-agriculture-companies-are-resorting-to-reprisals-to-grab-land

Since 12th August 2021, the Kiryandongo Sugar Limited workers under the protection of the army have repeatedly parked their tractors in front of people’s houses to instill fear among community members.

He added that this work has not spared his family since he is not allowed to cultivate on his land.

“I am being harassed because of my work of defending the land for the poor and vulnerable communities, which I must defend jealously from grabbers. My family land is being targeted and we have no food to eat, ever since COVID lockdown was lifted my children no longer go to school because of the company.” a weeping Otyaluk revealed.

 

 

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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.

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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.

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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.

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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 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.

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

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

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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 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.

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