By Witness Radio team.

An independent investigation by Witness Radio has revealed that a tree plantation co-owned by the Taiwanese has aided the criminalization of over 20 community land defenders’ work in Mubende District and caused prison sentences ranging from 30 months to 34 years, respectively.

Witness Radio is a Ugandan-based not-for-profit organization that uses legal aid support and media-oriented approaches, such as investigative, data, and advocacy journalism, to protect and promote the land and environmental rights of local and Indigenous communities in development.

These investigations, spanning two months, have unearthed a staggering 23 cases of criminalization against defenders since Quality Parts commenced operations in Mubende District in 2011. These arbitrary arrests, kidnaps, raids of defenders’ homes at night, assaults, tortures, and alleged aiding of unfair convictions are a stark reminder of the profound injustice faced by those who oppose the company’s land grab of the community land.

For many years, Quality Parts Limited has deployed Mubende district police, private security firms, and company workers to carry out intimidation, coercion, and manipulation. No community member has ever been consulted or consented to the removal of their land.

In their unwavering commitment, these defenders are protecting a community of smallholder farmers who have lawfully occupied and cultivated their land for over five (5) decades. Most smallholder farmers have legal documents proving their legitimate land ownership, starkly contrasting the injustice they face.

Quality Parts Uganda Limited, incorporated in 2000, operates plantations of pine and eucalyptus trees in Mubende district, southwestern Uganda. The company is co-owned by Taiwanese investor Chang Shu-mu, known as Martin Chang, and his wife, Anna Kyoheirwe.

When writing this report, nine (9) community defenders are serving prison sentences ranging from 30 months to 34 years in Muyinayina and Kaweeri government prisons in the Mubende district, with the majority facing multiple offenses. According to Witness Radio interviews, more community defenders allege that the company regularly threatens community land defenders that they will face the same fate if they continue to oppose its actions.

In the latest incident, hell broke loose in the early morning hours of January 29, 2024, when four Quality Parts Uganda Ltd company workers, guarded by three armed police officers in casual attire (later it was established to be attached to Mubende Central Police Station), attacked, beat, and arbitrarily arrested three land rights defenders based in Kicuculo village, Kiruuma Sub-county in Mubende district accusing them of destroying the tree plantation. It was the second brutal arrest of the trio.

The three defenders, Byakatonda David, Kabuuka Levi, and Byamukama Yuda, the Kicucuulo Village chairman, were briefly taken to Mubende Police before being aligned before Mubende district Magistrates’ Court. They were charged with malicious property damage and remanded to Kaweeri Prison on the same day.

Mr. Byamukama Yuda is one of those serving a 30-month sentence at Muyinayina Prison; an interview with Witness Radio revealed that three armed Police officers from Mubende and company officials raided his home at 5 a.m., manhandled and assaulted, and arrested him without explanation.

“In the early hours of the morning, the group raided my home and ordered me to open the door. At first, I hesitated because I had no idea who they were since they never introduced themselves. But when they started aggressively banging one of my house’s doors, my wife and I had no choice but to open it. The moment I did, my eyes met the furious faces of armed officers who humiliated and assaulted me in front of my wife and children before forcefully arresting me without offering any explanation. These officers threw me into a waiting saloon car whose number plates I can’t recall, where I found workers from Quality Parts. Instead of offering any clarity about my arrest, they just threatened me, accusing me of being ‘big-headed. Within minutes, they sped off to my son Levi’s home, where he, too, was arbitrarily arrested alongside me,” Byamukama revealed.

Another defender, 62-year-old Byakatonda David, was forcefully arrested by masked gangs wielding machetes, led by a man named Kayumba, affiliated with Quality Parts Uganda Ltd. He revealed, “These men told me that the police had instructed them to arrest me and take me to join the other two who had been arrested earlier (Byamukama and Kabuuka). They forcefully arrested threatening to cause more harm to me in case I tried to resist,” the defender told Witness Radio.

They further revealed that their continued mobilization of community members (villagers) to resist the company’s land grab continues to lead to their criminalization. This continued criminalization highlights the deep-rooted injustices that defenders face when opposing harmful development projects. The trio spent five months on remand at Kaweeri prison, appeared in court over 18 times, and emphasized that their conviction was made in bad faith.

“First of all, this case was unnecessarily delayed, as either the state or the magistrate frequently absented themselves, forcing us to appear in court numerous times. The trial was also unfair, as we were never allowed to defend ourselves. Also, the evidence presented was fake. In the ruling, the magistrate stated that the testimony of four witnesses satisfied the court, yet only three appeared, and even their evidence was questionable,” Mr. Byakatonda further mentioned.

Witness Radio has also established that powerful multinational companies are using police, district officials, and court personnel to aid land grabbing. The same system weakens the poor landowners and forces them to surrender their land for Quality Parts. “When we try to resist, they oppress us. The company tells us they are backed by government officials and other powerful individuals in security forces, which is evident because even when we report our cases to authorities, little or no action is taken. They tell us we have no power to oppose the investors,” Byamukama expressed his disappointment.

On June 21, 2024, the three were convicted of malicious damage to property and sentenced to 30 months in Muyinayina prison despite inconsistencies in the evidence presented by witnesses.

The charges against the community defenders stem from a violent incident on December 6, 2022, when a group of over 20 casual workers linked to Quality Parts Uganda Ltd attacked the village of Kicucuulo, hacked people, and destroyed property, including houses and crops. These workers raided the homes of outspoken community members, cut people with pangas, and beat everyone they found in their homes, threatening to kill them if they didn’t leave the land. Three people were hacked, while properties worth millions of Shillings were destroyed.

Despite the violence they endured that day, those who were hacked and others whose property was destroyed were arrested when they went to report the incident to Mubende police.

Meanwhile, the company workers responsible for the harm remained untouched. At that time, the defenders, Kabuka Levi, Lubwama Robert, Bulegeya Erisa, Byakatonda David, and Byamukama Yuda, were arrested, interrogated, and made to record statements before being released on police bond.

“When we reached Mubende police, we were all arrested and interrogated for almost an hour before recording statements on malicious damage charges. The company claimed we cut its trees, which we did not do,” Mr. Kabuka Levi told Witness Radio in an interview in 2023.

Witness Radio’s investigations have also found out that by the time the alleged tree cutting took place, as said by the company and its witnesses in court, that is the same time, the accused were treating wounds from the previous attack by the company workers, raising questions on whether the accused were the real suspects.

“It is unfortunate that people accused of committing land-related crimes against the ‘investor’ are landowners who have for generations occupied and cultivated their land until they faced this violent land grab. Duty bearer agencies have been captured and are being used to target defenders and activists pushing back forced evictions,” Witness Radio’s Team Leader Jeff Wokulira Ssebaggala said.

The Mubende Magistrates Court eventually dismissed the case on October 17, 2023, due to a lack of evidence. However, in January 2024, the three Byamukama, Byakatonda, and Kabuuka were arrested, charged, and convicted again for the same offense of cutting the company’s trees.

This trend of persecution has instilled fear in the majority of the community, with a saying: “You accept what the company wants, or you go to jail for opposing it.” Other individuals arrested for resisting the company’s land grab include Kaberuka Fenehansi, who died last year while serving a prison sentence; Sinamenya Paul, Ssemombwe Richard, Ategeka Esau, Bukenya Godfrey, Ssebanenya Yona, and Sserugo Sam, all serving sentences ranging from 15 to 34 years.