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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

Mityana district police rounded up and arbitrarily arrested over 50 Kikuube PAPs to block them from meeting Uganda’s Prime Minister.

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By Witness Radio team

Two (2) community land rights defenders and 68 projects-affected persons from Kikuube district including children have been rounded up and arrested by Mityana district Police, Witness Radio has learned.

The community group led by Fred Mbambali and Ahumuza Busingye, were arrested from City Healing Church in Mityana Municipality, Mityana district. They were arrested on the orders of Mityana District Police Commander, Mr. Hasunira Ahmed, without being informed of the reasons for the arrest.

To seek justice and reclaim their grabbed land, the community decided to journey from the Kikuube district on Saturday, 2nd March 2024. Their objective was to petition Uganda’s Prime Minister, Rt. Hon. Robinah Nabanja, to intervene in grievances concerning forced evictions from their land and their unsuccessful attempts to regain ownership of their land that was grabbed by the officials of the Prime minister’s office for Kyangwali resettlement camp.

“On Friday, we departed from Kikuube district to Kakumiro intending to meet the Prime Minister. We aimed to convey the challenges we are facing following the unlawful seizure of our land. We sought her intervention to help us regain ownership, especially since many offices that were approached have not helped end our misery. Unfortunately, upon our arrival, we discovered she was in preparations to leave her residence. Instead, she instructed her private security team to escort us to her party’s offices (National Resistance Movement, NRM) in the Kakumiro district, assuring us that she would meet with us there. But she did not come back.” Mr. Mbambali Fred, one of the group leaders told Witness Radio.

Little did the affected community members know that their stay at the offices would be short-lived. Initially, they were welcomed by the security officers at the party offices, but their situation took a turn when the District security committee of Kakumiro led by the Resident District Commissioner (RDC), Mr. Matovu David and the District Police Commander (DPC) in the area Mr. Niyonzima Morris visited and questioned them about the reasons for their visit.

Subsequently, PAPs explained that they had been directed to wait at the offices by the Prime Minister. Despite their explanation, the Committee was skeptical and held an emergency meeting to resolve that Kikuube PAPs should leave the premises. The committee stated that the issue raised was not within the mandate of the Kakumiro district and thereafter, were asked to relocate to a different location, not within Kakumiro.

The stern Kakumiro district leaders directed the group to depart and proceed to the Office of the Prime Minister in Kampala for their meeting with her.

Shortly after being chased, they proceeded to Kampala via Mityana road, but PAPs sought to rest at one of the churches in the Mityana district. As soon as they occupied the church, Mityana district raided the premises, arrested all of them, and took them to Mityana Central Police Station, claiming that PAPs were posing a threat to the community.

“We were rounded up and arrested without being given any opportunity to explain ourselves. They didn’t even inform us of the reason for our arrest. We were kept at the police for nearly 12 hours without food. Both children and elders were starving, and the children even reached the point of crying because we were not allowed to move. It’s a double punishment to us because we haven’t committed any offense,” Ahumuza Busingye, another defender, told Witness Radio.

They were cautioned and later released without charges.

The Mityana District Police Commander, Mr. Hasunira Ahmed confirmed the arrest, stating that people neighboring the church had lodged complaints with the police about unknown individuals with a large amount of luggage occupying their premises. This led the police to arrest them.

“We received complaints about these individuals occupying a particular church, which posed a potential threat because they hadn’t obtained permission to stay there and didn’t possess a letter authorizing their movement to their destination. That’s why we intervened with an arrest, as many of them looked like rebels,” stated the Mityana District Police Commander.

PAPs arrested are part of the larger group of over 90,000 people evicted between 2013 and 2019 in 29 villagers by the office of the Prime minister (OPM) to give their land to the refugees in Katikala and Bukinda in Kyangwali district.

The community was evicted by officials led by Charles Bafaki from the Office of the Prime Minister, accompanied by the police and Uganda People Defence Forces (UPDF), from their land measuring 36 square kilometers located in various villages, including Bukinda A and B, Bukinda 2, Kavule, Bwizibwera A and B, Kyeya A and B, Nyaruhanga, Kabirizi, Nyamigisa A and B, and Katoma, all in Kyangwali sub-county for the Kyangwali refugee resettlement camp.

Despite receiving various directives, including two from the President, instructing the Office of the Prime Minister (OPM) officials to facilitate the return of the residents to their land, they have chosen to turn a deaf ear and disregard the implementation of these directives.

In 2016 and 2018, President Yoweri Kaguta Museveni issued directives to resettle PAPs back to their ancestral land, but unfortunately, these directives remained unimplemented.

In 2021, Prime Minister Robinah Nabbanja visited the victims and promised action, which, as of the time of writing this article, it’s yet to be realized.

On March 1, 2022, Minister of Relief, Disaster Preparedness, and Refugees, Mr. Hilary Onek, accused the victims of encroaching on government land. He also criticized local leaders and officials for potential involvement in stage-managed evictions.

In 2022, approximately 1,000 of the evictees camped at the office of the Kikuube Resident District Commissioner, Amlan Tumusiime, demanding his intervention to help them return to their land. Unfortunately, this intervention did not materialize. Some of the evictees sought shelter in temporary shelters provided by Florence Natumanya, the Kikuube Woman MP, and Francis Kazini, the Buhaguzi Member of Parliament, while others continued to search for livelihoods in other parts of the country.

“People are suffering immensely, and we are witnessing deaths without having a proper place to bury our loved ones. No one is coming to our rescue, and it’s heartbreaking to see our children deprived of education, as they are the future of tomorrow,” expressed the community members in an interview with Witness Radio.

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: A community land rights defender in the Kiryandongo district is charged with assault and released on a cash bail.

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By Witness Radio team.

Magistrate Court sitting in Kiryandongo district has released a community land rights defender on a cash bail. He was arbitrarily arrested, and detained Thursday, February 29th, 2024, for attempting to open a criminal case against Great Seasons SMC Limited workers for erasing his 3 acres of land with ready-to-harvest cash crops.

Mwawula Fred’s release came after spending five (5) days in detention. Mr. Mwawula is a community land rights defender based in Kisalanda village, Mutunda parish, Kiryandongo district help to mobilize communities to resist forced land grabbing by multinational companies in Kiryandongo district.

The prosecution alleges that Mwawula assaulted workers of the Great Seasons SMC Company Limited who were in his garden.

The Penal Code Act, Cap 120, states that any person who commits an assault occasioning actual bodily harm commits a misdemeanor and is liable to imprisonment for five years on conviction.

On February 22nd, 2024, Witness Radio ran an article about four Great Seasons SMC Limited Company workers with a numberless tractor who had invaded and erased Mwawula’s garden with crops ready for harvest such as maize, green pepper, and tomatoes in Kisalanda village.

When he (Mwawula) went to Kiryandongo Central Police Station to open up criminal cases against the company, he was instead arbitrarily arrested, detained by local police, and preferred an assault charge before appearing before the court.

While granting the defender bail, Her Worship Amweno Hellen released Mr. Mwawula on a cash bail of 700,000 Ugx (Equivalent to 178.47 USD) while the sureties conditioned a non-cash bail.

The defender will report back to Court on the 13th/March/ 2024.

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: A community land rights defender in Kiryandongo, who was arrested for attempting to open a case against company workers at Kiryandongo Central police for erasing his garden, is facing assault charges.

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By Witness Radio team.

Kiryandongo Central police have preferred an assault charge against a community land rights defender who was arbitrarily arrested and detained Thursday, February 29th, 2024, for attempting to open a criminal charge against workers of Great Seasons SMC Limited.

On February 22nd, 2024, four Great Seasons SMC Limited Company workers with a tractor invaded and erased Mr. Mwawula Fred’s garden with crops ready for harvest such as maize, green pepper, and tomatoes. The workers used a numberless company tractor to destroy the defender’s 3 acres of crops.

According to the police charge sheet, Mwawula allegedly assaulted workers of the Great Seasons SMC Company Limited who were in his garden.

Defender’s lawyers said Mwawula bravely tried to intervene to stop the destruction of his crops by company workers, but they (workers) callously persisted with their destructive actions, disregarding the defender’s pleas.

The lawyers also stated that company workers made off with sacks full of maize belonging to their client.

The Penal Code Act, Cap 120, states that any person who commits an assault occasioning actual bodily harm commits a misdemeanor and is liable to imprisonment for five years on conviction.

Mwawula, on several occasions, has been in and out of prison on several charges over eight times for mobilizing local communities to resist land grabbing and forceful evictions by multinational companies in the Kiryandongo district. However, the court has dismissed all of them for want of prosecution.

Frequently, the gardens belonging to smallholder farmers, activists, and defenders have been targeted and vandalized by Great Seasons SMC Company Limited, demanding that the local community should vacate what the company asserts as its land. In a distressing incident last December 2023, many defenders’ gardens were set ablaze by workers of the company, resulting in a prolonged famine within projected affected families.

The defender is yet to be produced in court to answer to assault charges.

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