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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

The New Forests Company in Uganda: Villages Evicted, Deceived and Dumped into Poverty

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In the early 2000s, neighbouring villages envied Kanamire, a village located in the Mubende district, in the central region of Uganda. It had made a name in farming, and its story of success was spreading like a wild bushfire. Its inhabitants had set a high bar for anyone who practiced small-holder farming. The arable land and farming practices was the magic behind their success.

Kanamire’s villagers used to spend the entire day either tilling their gardens or weeding their crops in anticipation of a bountiful harvest.

“The population in the village had surged and was now entirely thriving on farming. Bigger and sprawling shops were everywhere. Houses made of baked brick were replacing the grass thatched ones. We proudly called it home,” 54-year-old Obutu Danial reminiscences about the heydays.

As a norm, amongst the rural women, there is an unwritten creed of maintaining peace with your neighbours. The first person to harvest, at least, shared part of the harvest with the neighbours. This belief had stood the test of time and Kanamire’s women were no exception. “We had enough land. We grew enough food for the families. We would give yields to our neighbours, for example beans, and in return, they would also do the same when theirs are ready. And [we would] also sell the surplus to cater for other needs”, a woman farmer reveals.

Twenty years down the road, the exemplary village no longer exists. Acreages of banana, coffee and maize crops, among others, were razed down, and families were brutally evicted by the London-based New Forests Company (NFC).

New Forests Company and the carbon market

NFC was founded in 2004 with the “vision” of producing “sustainable” timber in East Africa amidst rampant deforestation. It was funded by Agri-Vie Agribusiness Fund, a private equity investment fund, and UK-bank HSBC Private Equity. The East Africa region in which Uganda lies is one of the most fertile regions and thus, it was chosen for the plantations business.

In 2005, the tree plantations company signed a deal with Uganda’s National Forestry Authority (NFA) to develop 20,000 hectares of tree plantations in the Namwasa and Luwunga forest reserves under the carbon trading program, a market-based approach to privatize the carbon dioxide stored in trees for selling it as carbon credits to polluters. This generates additional profits for the Company.

NFC is currently also benefiting from a new project supported by the Dutch Fund for Climate and Development (DFCD); a 160 million euros (more than 185 million dollars) from Dutch government fund that aims to mobilize private sector finance into carbon projects. The DFCD is managed by investment manager Climate Fund Managers (CFM), NGO Worldwide Fund for Nature Netherlands (WWF-NL) and NGO SNV, and it is led by the Dutch Development Bank, FMO. (1)

On august 2020, DFCD approved a 279,001 euros (around 327,000 dollars) grant and WWF technical assistance package for The New Forests Company (NFC), with the aim of developing the final business investment proposal for carbon certification in Uganda, for sustainable smallholder growth and timber market diversification. This in reality would translate into generating carbon finance to support expanding their monoculture plantations and land grabbing.

The Kanamire village’s eviction

The National Forestry Authority (NFA) is a Government agency established under the National Forestry and Tree Planting Act of 2003, as a corporate body responsible for the so-called “sustainable development,” the management of Central Forest Reserves (CFRs) and the provision of technical support to stakeholders in the forestry sub-sector.

Between 2006 and 2010, more than 10,000 people were evicted from their lands in the district of Mubende to make way for the NFC plantations. Despite this, in 2008, the Uganda Investment Authority, which is mandated to “advise Government on appropriate policies conducive for investment promotion and growth” (2) named NFC an ‘Investor of the Year’ for planting monocultures of pines and eucalyptus while villagers miserably live on a barren and crowded piece of land.

In February 2010, residents of Kanamire woke up to a hail of NFC representatives and graders, who were under the protection of the Uganda People’s Defense Forces (UPDF) and the Uganda Police Force (UPF), which in turn were under the command of the then Mubende Resident District Commissioner Nsubuga Bewaayo. They destroyed the villagers’ properties worth billions of Uganda shillings before the forced eviction, to give way for a NFC monoculture plantation.

The others villages that suffered forced eviction in the Mubende district due to NFC plantations are Kyamukasa, Kigumya, Kyato, Kisita, Mpologoma, and Bulagano villages.

Three years after the evictions, NFC agreed to resettle victims after fretful engagements with human rights activists and other villagers’ supporters addressing the violence that locals experienced during the evictions.

In an agreement signed by the company and the villagers of Kanamire, NFC agreed to pay them a total of 1.2 billion Uganda Shillings (around 340 thousand dollars). And residents were requested to form and join a cooperative society, which would allocate half of the money to buy land and the other half to cater development projects, such as boreholes and schools. Evictees were forced to pay subscription fees to become a member. Those that had no money by then to join the cooperative, were not included in the resettlement process. (3)

“We formed Bukakikama Cooperative Society and 600 million [Uganda Shillings] for land was wired on the cooperative account,” (around 170 thousand dollars) Mr. Bakesisha William, the former cooperative chairman said.

Mr. Bakesisha said the 600 million Uganda Shillings bought land equivalent to 473 acres (around 190 hectares) in the Kampindu village, in the Mubende district. Out of the 901 families, 453 were allocated 1 acre (less than half an hectare) of land. The remaining 448 families haven’t been compensated or resettled up to date.

Everyone in the cooperative had to pay 30,000 Uganda Shillings (around 8.5 dollars) to join. There were additional payments victims had to make, namely: 3,000 Uganda Shillings (almost one dollar) for having a share in the Cooperative and 5,000 Uganda Shillings (1.42 dollars) as the initial saving pot. Upon the fulfilment of the above required payments, the cooperative chairman would issue identification numbers.

And only those who had met such requirements would be registered as an eligible member of the cooperative to benefit from one acre of land to resettle.

In Kampindu, the place where the evictees from Kanamire were ‘resettled’, malnourished children in tattered clothes wandering all over the village are your first sight. The angry, hungry and mean-looking youth and their fatigued elders are crowded in makeshifts and muddy houses. Others with hoes on their backs and dirty feet reveal their destitution.

Even those that received one acre of land are not in any way better than those that did not receive it. They too are wallowing in poverty. They were resettled on a barren piece of land.

It has been established that even what is supposed to be claimed as resettlement has not been met. No relief support was offered, like basic housing, foodstuffs, water or clothing. They were dumped and abandoned by the UK-based multimillionaire company.

“Both groups are living poor lives. Those that got a chance to resettle on an acre of land are suffering. The land is too small to cultivate. It is located in hilly areas that can’t either be built in or be farmed. And the others that had no chance are starving and working as labourers on other people’s plantations for survival. About 5 cases of fatality resulting from the displacement have been recorded in the areas,” a researcher at Ugandan media platform Witness Radio noted.

Mr. Rwabinyansi Charles is one of those that were allocated land in Kampindu. The 75-year-old father of 11 cannot forget the ruthless manner in which NFC grabbed his land and threw him at Kampindu, a place he describes as hell.

“It is as if I don’t have land. Look, it is filled with stones hard to build in or farm. When you plant crops, they dry. Look at the maize that was planted last season,” he said while referring to a piece of land he had received from NFC.

11 years back, Mr. Rwabinyansi was a happy villager. Before his eviction, he had 30 acres (around 12 hectares) filled with crops of coffee, bananas, cassava, among others. Besides this, he also practiced animal husbandry on his land.

“On a good season, I would harvest over 30 bags of coffee, 20 of maize, and 15 of cassava. I would sell them while my wife at home would grow what fed us. We also sold the milk from our four cows, so it was indeed a good life,” he narrated.

Now, on a well-wisher’s piece of land in Kampindu, stands a makeshift tent that Mr. Rwabinyansi and his family call home, but that is just the tip of the iceberg. Not even death will relieve the eviction-related pain because even in death, the eviction has continued to haunt them.

“I cannot build on that land. It is not safe for me. I cannot also build here, because any time, the owner may want to use it. I recently lost my daughter in law and I had nowhere to bury her”, he reveals.

When someone dies, among the Baganda indigenous, a condolence message is accompanied with a decent burial and a farewell message to the deceased, “Wummula mirembe” which is akin to “Rest in Peace”, however, this was not the case for Mr. Rwabinyansi’s daughter in law. “We struggled to get where to bury her. But finally, God had mercy on us. A nearby friend gave a portion of his land to lay her to rest,” he added.

The chairperson of the affected communities for NFC, Mr. Julius Ndagize, faults the criteria that informed the processes of allocating the evictees the one-acre piece of land.

“Firstly, the land is too small to accommodate all of us, and the procedures of first buying shares and savings in the cooperative were also not favouring my people since they had no money. People including those who got land to have nothing to eat. Imagine a family of 15 children, all have grown and built on the same land, where will they dig. The only benefit that the group which got land has ahead of those that did not get is that they have where to bury their beloved ones,” he explained.

The pain of losing a promising young generation to an eviction

The evictees are now grappling with shocking eviction-related consequences, including child pregnancies, child labour, and school dropouts.

“Cases of early marriages and child labour are high in the area, children no longer go to school because ideally if a parent lacks what to eat, can he educate a child. And people are dying because they have no money to go to the hospitals” he further said.

Mr. Ndagize said the smallholder farmers are now working as casual labourers. “Given the fact that the land is small and infertile, these people go and work in the neighbouring farms to get what to eat,” he added.

Smallholder farmers’ contribution to the national food basket remains unrivalled, but when you speak to them, they believe they have been let down by their government, and thrown under the bus by multinationals like NFC.

“If agriculture is the backbone of Uganda as they say, why do they take the small we have, we were not starving, and neither were we begging anyone. But look at me now. Next time you will either find me on the streets begging or dead in my house,” depressed villager Rwoga Nyange concludes.

Efforts to talk to the Corporate Social Responsibility Programme Manager from New Forests Company, Mr. Kyabawampi Alex, were unsuccessful, as he did not respond to Witness Radio’s emails by press time.

Witness Radio – Uganda

(1) WWF, The DFCD supports in carbon certification in Uganda, August 2020, https://www.wwf.nl/wat-we-doen/aanpak/internationaal/Dutch-Fund-for-Climate-and-Development/The-DFCD-supports-in-carbon-certification-in-Uganda

(2) Uganda Investment Authority, https://www.ugandainvest.go.ug/about/

(3) Witness Radio, The Agony of a Tree-Planting Project on Communities’ Land in Uganda, in WRM Bulletin 251, September 2020, https://wrm.org.uy/articles-from-the-wrm-bulletin/section1/the-agony-of-a-tree-planting-project-on-communities-land-in-uganda/

This article was first published by WRM Bulletin 257 on 27th/Septmember/2021

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: A missing community environmental defender was found dumped by the roadside.

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By Witness Radio team.

An environmental human rights defender abducted five days ago while in Kampala has been found abandoned on a roadside in Kyenjonjo district, Witness Radio has confirmed.

Speaking to Witness Radio, a member at the Environmental Governance Institute (EGI) revealed that Stephen Kwikiriza was discovered at around 8:30 pm yesterday, abandoned on the roadside in Kyenjojo District. He added that the defender was severely beaten and is currently receiving medical attention at one of the hospitals in the country.

“We learned from his wife, whom he called, that he had been dumped in Kyenjojo. She informed one of our colleagues. We, therefore, had to find a means of rescuing him. He, however, was badly beaten and is not in good health,” he added.

Stephen Kwikiriza, a member of the King Fisher Project Affected Community, also working with the EGI, was abducted in Kampala by plain-clothed men, believed to be from Uganda Peoples Defense forces (UPDF) on 4th of June 2024 Tuesday morning.

According to sources, upon his (Stephen) abduction, he managed to send a text message to one of his colleagues at the Environmental Governance Institute (EGI), a local organization supporting project-affected persons, which reported a missing person.

The Kingfisher project is an oil project in western Uganda on the shores of Lake Albert, developed by the Chinese company China National Offshore Oil Company (CNOOC), of which TotalEnergiesis the main shareholder. The project will extract oil and be transported by the East African Crude Oil Pipeline (EACOP).

According to a statement from the Stop EACOP Coalition members, Stephen had been receiving various threats from UPDF officers deployed in the Kingfisher area. The coalition members believe these threats are retaliation for being outspoken against human rights abuses and the threats to his community’s livelihood posed by the Kingfisher oil project.

His abduction comes barely a few weeks after the forceful arrests of the seven environment activists namely Barigye Bob, Katiiti Noah, Mwesigwa Newton, Byaruhanga Julius, Ndyamwesigwa Desire, Bintukwanga Raymond, and Jealousy Mugisha.

On May 27th, 2024, the seven were arbitrarily rounded up by armed police in Kampala outside the Chinese Embassy in Kampala, Uganda while delivering a protest letter to the Chinese Ambassador to Uganda calling for his government not to fund a disastrous project.

On June 8, 2024, over 115 international civil society organizations wrote a statement in response to Kwikiriza’s abduction calling upon the Ugandan authorities to ensure the immediate and unconditional release of Stephen Kwikiriza.

In the statement signed by Both Ends, Bank Track, and SOMO among others, they called on Ugandan authorities to cease all forms of harassment of civil society organizations and community members living in and speaking out on the EACOP Kingfisher project and all other related oil projects, including the Tilenga project, and guarantee in all circumstances that they can carry out their legitimate human

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Seven Environmental activists against EACOP have been charged and released on police bond.

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By Witness Radio team.

Jinja Road police have preferred a charge of unlawful assembly against the seven environmental activists brutally arrested on May 27th, 2024, by armed police in Kampala for protesting against the intended financing of the East African crude oil pipeline project (EACOP) by the Chinese gov’t.

Section 66 of the Penal Code Act Cap. 120, states that any person who takes part in an unlawful assembly commits a misdemeanor and is liable to imprisonment for one year upon conviction.

The seven include Barigye Bob, Katiiti Noah, Mwesigwa Newton, Byaruhanga Julius, Ndyamwesigwa Desire, Bintukwanga Raymond, and Jealousy Mugisha. The group got arrested outside the Chinese Embassy in Kampala, Uganda in an attempt to deliver a protest letter to the Chinese Ambassador to Uganda calling for his government not to fund a disastrous project.

On May 27th, seven protesters chose to sit outside the embassy, vowing not to leave until embassy officials received their protest letter, which contained grievances and demands. However, this did not happen. Instead, the police swung into action, brutally rounding up the protesters before throwing them into a police patrol and taken to Jinja Road police. The arrest occurred before any embassy officials had engaged with the protesters.

According to activists, the EACOP project has caused severe human rights violations, poses significant environmental risks, and will contribute to the climate crisis.

The EACOP is a project spanning 1,443km from Kabaale, Hoima district in Uganda to the Chongoleani Peninsula near Tanga Port in Tanzania. It aims to transport oil from Uganda’s Lake Albert oilfields to global markets via the port of Tanga.

According to Uganda’s State House website, President Yoweri Kaguta Museveni on Thursday, April 4th, 2024, received a letter from the President of the People’s Republic of China, His Excellency Xi Jinping, expressing his unwavering support for the East African Crude Oil Pipeline Project (EACOP).

“Your Excellency, I received your letter, and I am very happy to let you know that I am in full support of EACOP. I believe that it will enhance socio-economic development for the region. I am confident that with the strong cooperation between our nations, this project will be a success,” message President Museveni on his X platform read in part.

On Saturday last week, Civil Society Organizations advocating for energy just transition, climate and environmental conservatism, and land justice addressed the media and appealed to the Chinese President to drop his interest in funding the EACOP pipeline after several banks and insurance companies had abandoned the Total-led project.

The government of China has now joined the list of entities, including Total Energies, in funding the controversial and potentially disastrous project that has continued to criminalize those who speak about its negative impacts.

The seven activists will report back to Jinja Road police station on June 4th, 2024.

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: Over 600 attacks against defenders have been recorded in the year 2023 globally- BHRRC report.

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By Witness Radio-Uganda.

The attacks and criminalization of land rights defenders, environmental activists, and climate activists have become common tactics employed by the authorities in the world to silence, suppress opposition, and perpetuate impunity against those that protect the climate, environment, and land rights.

The escalating scale of attacks against people defending our rights and climate from business-related harms, according to the report by Business and Human Rights Resource Centre in 2023 titled People power under pressure: Human rights defenders & business in 2023 shows the failure of governments to protect human rights and illustrates how voluntary action by companies and investors is insufficient to prevent, stop and remedy harm.

The report documented 630 instances of attacks directly affecting an estimated 20,000 people, raising concerns about business-related harms in the whole World where over three-quarters (78%) of these attacks were against people acting to protect the climate, environmental, and land rights.

According to the report, many attacks involved collusion between state, private sector, and other non-state actors occurring in contexts where there are high levels of impunity, adding that the direct perpetrators of attacks were largely state actors, with police and judicial systems being the most common perpetrators, followed by the military/armed forces. The highest number of attacks were connected with the mining (165), agribusiness (117), and oil, gas & coal (112) sectors.

According to the Resource Centre, Brazil leads the tally in the World with the highest number of attacks on HRDs challenging corporate harm in 2023 with (68) cases followed by, India (59), Mexico (55), Honduras (44), the Philippines (36), USA (27), Iran (24), and Colombia (22), among others.

In 2023, 86% of the cases we tracked were non-lethal including arbitrary detention (157), physical violence (81), intimidation and threats (80), strategic lawsuits against public participation (38), and others. The Resource Centre also recorded 87 killings of defenders speaking out about business-related harms in 2023. Additionally, the Centre has revealed most attacks – both lethal and non-lethal against HRDs go uninvestigated and unpunished, promoting a culture of impunity and fueling further attacks.

In Africa, Uganda has recorded the highest number of cases, with 18 incidents reported. The East Africa Crude Oil pipeline stands out as a focal point for most of these attacks, with individuals opposing this major infrastructure project being targeted by the state.

The report revealed one of the incidents where the Police officers refused to let the students enter parliament. Most were chased away, but four students, including Kajubi Maktom, were caught by police and allegedly kicked, punched, and beaten with wood, and brutally arrested. They spent the weekend in Luzira prison, where Maktom contracted tuberculosis, before being charged with public nuisance and released on bail. Since then Maktom has continued to receive threats from unknown persons.

Several reports including those of Human Rights Watch, Frontline Defenders, and Witness Radio among others have published reports describing patterns of arbitrary arrests, threats, office raids, and intimidation against individuals who have raised concerns about EACOP and other oil developments in Uganda.

The 630 instances of attacks against people raising concerns about business-related harms recorded in 2023 only are part of a consistent, ongoing pattern of attacks against HRDs protecting our rights and planet globally, with more than 5,300 attacks recorded since January 2015 by the Resource Centre.

The report calls upon States to fulfill their duty to protect the rights of HRDs and for business actors to respect the rights of HRDs by taking immediate action on these recommendations.

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