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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Uganda: A decade of land grabs with impunity

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A farmer displays banana plants that were cutdown by company workers.
It is now a decade down the road since thousands of people fled their homes in fear for their dear lives. It was a nadir in their lives – the land grab was the lowest moment for the peasant communities. Arrests, charges, malicious prosecutions, convictions, and imprisonment followed.  Amidst all these, incarceration was inevitable for the poor and unrepresented accused to pave way for the tree planting company owned by Chinese “investors.”
Despite the forceful and violent evictions of their peers, some of the smallholder farmers have stayed put. Though the fear of an inhumane eviction still lurks around, they are not vacating their land, and are not ready to go down without a fight.
The year 2011 still lingers in the memories of the smallholder farmers albeit being traumatizing. With its violence and forceful evictions of smallholder farmers by a foreign company under the protection of Mubende police came. As we write, the onslaught has “gifted” it with 2590 hectares of forcefully grabbed land that was once a source of livelihood to the poor native communities.
Since then, more than 2000 people have been evicted in more than 12 villages. They include; Butoro, Kyedikyo, Nakasozi, Namayindi, Kitebe, Kisiigwa, Namagadi, Mukiguluka, Busaabala, Ngabano, and Kicucuulo located both in Maduddu and Butoloogo sub-counties, Mubende district. Thousands are still being threatened.
Civic groups, rights activists, and the victims have continuously complained over the company’s long forced evictions nothing has materialized. A clear message from their government is that it does not speak for peasants, a batch of third-class citizens.  With government backing, the company has chosen to apply both insidious and overt means to further alienate land from the poor.
As day follows night, the company continues to grow more powerful, and probably, more than the state. Its influence has eaten up the criminal justice system. They follow a carefully crafted script to aid in the land grab. After stripping the smallholder farmers of their source of livelihood – the company militarized land grab and criminalized farming activities of poor peasants.  Land defenders were arrested, detained, arraigned before court, and charged with trumped-up charges. Up-to-date they have never been released.
According to Mr. Konyenza Sakali, land conflicts between the smallholder farmers and the company led to the arrest and imprisonment of his father, Mr. Kaberuka Fenehansi for 15 years since 2018 and now fears that the company is targeting him.
“I have always resisted but what they do is to kidnap, arrest and charge you to weaken you and grab your land. My father is now 71 years but because he resisted giving them his land, he is now in jail. He was slapped with unscrupulous charges,” he revealed.
Mr. Kaberuka Fenehansi is one of the seven community land rights defenders that the Mubende High Court sentenced 34 and 15 years in jail respectively. This arose from the unending wrangles and the company’s continued violence and land grabbing that allegedly led to the death of the then Formosa farm manager.
Witness Radio – Uganda appealed against the conviction and the sentence on behalf of the imprisoned community land rights defenders. The hearing date of the appeal is yet to be fixed.
The prosecution alleged that on 17th of July 2018, Ssemombwe Richard, Ategeka Esau, Bukenya Godfrey, Ssebanenya Yona, Sinamenya Paula, Kaberuka Fenehansi, and Sserugo Sam at Butolo village, Maduddu Sub County in Mubende district, unlawfully caused the death of one Tumwine Stephen who was a manager of Formosa Forest Company.
“I have continued to receive reports of forceful eviction of my people on their land without compensation. Days ago, I called the Farm Manager asking him why these actions are continuous but he had no answer. One time I found the Formosa workers uprooting and slashing crops of the residents. When they saw me they took off,” Mr. Ngenda Paul, the Local Council Chairperson of Butolo, one of the affected villages narrated.
Residents said the company either bullyrags them to sell their land or evicts them without fair, prompt, and adequate compensation or resettlement. Through this method, the company has grabbed more land.
“What they do is to coerce some people to sell land to them, when they do it, they then grab the neighboring pieces of land. The next day you find them planting trees on land they claim to have purchased,” Mr. Mukonyeza Sakali, one of the affected residents said.
“What kind of land purchased is that without signatures of the local council leaders? How do you prove that you have bought it when neighbors are not around, what if someone cons you?” the Chairperson asked.
Part of Mr. Mukonyeza’s land was grabbed by the company after forcefully purchased his neighbor’s land. He said he was never consulted or informed when the purchase took place. The father of 10 added that his crops were all slashed, and the following day he watched helplessly as the company’s workers began planting trees.
“They said they shall use all the tactics to evict us from our land which they claim is theirs. Even when we grow crops, they are always destroyed or uprooted by the workers of the company. When we ask why they tell us we have no land. But how can a company which has just come into our country say we have no land. I am 46, and I was born on the land,” he added.
Annet Nannyonjo and a mother of 11 and a wife to Ssalongo Ssemombwe Richard, one of those that were sentenced to 34 years said the company grabbed their land shortly after the husband was imprisoned. She said workers have destroyed her garden of beans.
“We cannot eat trees. They do not want us to cultivate on our land. They steal the little food we grow on a small piece of land left. We used to grow our crops but now we can’t. Ever since my husband was arrested and imprisoned, I am struggling to feed my family,” she added.
Other affected residents added that they are holding grudges over the unending pain caused by the tree planting company.
 “Our defenders were jailed and we were left helpless. People who had land continue to wander everywhere. They have nowhere to stay with their families. They have nothing to eat. You imagine what kind of life we are being pushed in,” residents said
But the Formosa farm manager, Mr. Asiimwe Nicholas denied the allegations. He added that the company has never evicted any residents which the villagers oppose.
Original Source: Farm Land Grab

DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: 15 Anti-EACOP Activists have been charged with common nuisance and remanded to Luzira prison.

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By Witness Radio team.

A group of 15 anti-EACOP protesters from Kyambogo and Makerere University Business School (Mubs) Universities was arrested on Monday, 11th, for protesting against the East African Crude Oil Pipeline (EACOP) project. They have been arraigned before Buganda Road Chief Magistrates Court and charged with common nuisance.

Fourteen of them were students from Kyambogo University including 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 from Makerere University Business School (MUBS). Grade one magistrate Sanula Nambozo remanded them.

Section 160 (1) of the Penal Code Act states that any person charged with common nuisance, once convicted, is liable to imprisonment for one year.

Police arrested them while marching toward Uganda’s Parliament to meet the Speaker of Parliament and raise concerns about the East African Crude Oil Pipeline (EACOP) project, including the gross human rights abuses and the significant threat it poses to the environment.

This case is part of ongoing protests against the $3.5 billion EACOP project, which will transport crude oil from Uganda’s Albertine region to Tanzania’s Tanga seaport. The project has faced criticism over delayed compensations for affected persons and secretive agreements. Despite a European Union resolution against the pipeline, President Yoweri Museveni has insisted it will proceed as planned.

The prosecution alleges that on November 11, 2024, the accused gathered at Parliamentary Avenue, causing disruption and inconvenience by holding an unauthorized demonstration on the road while displaying placards and banners opposing the oil pipeline.

The 15 activists have been remanded to Luzira Prison until November 26, when their lawyers could apply for bail.

 

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: 15 Anti-EACOP Activists Arrested in Kampala While Marching to Parliament

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By Witness Radio team

Kampala, Uganda – A group of 15 anti-EACOP protesters from Kyambogo University have been arrested in Kampala, Uganda’s capital by police while marching toward the Ugandan Parliament, Witness Radio has learned.

The activists, dressed in orange T-shirts bearing the slogan “No to Oil” and chanting “Stop EACOP,” were arrested by Police at Parliamentary Avenue at approximately 10 a.m. EAT this morning. They wanted to meet the Speaker of Parliament to raise concerns about the East African Crude Oil Pipeline (EACOP) project.

The protesters claim that the EACOP project has led to severe human rights abuses and poses a significant threat to the environment.

Their arrest comes just hours after the start of COP29 in Baku, Azerbaijan. The 29th Conference of the Parties (COP29), hosted by the Government of Azerbaijan, officially begins today, Monday, 11 November, and runs through Friday, 22 November 2024. It aims to build on previous achievements and set a foundation for future climate ambitions to address the global climate crisis.

Uganda, represented at COP29, hopes to use this opportunity to obtain funds for projects related to resilience and adaptation. However, campaigners contend that rather than speaking for Ugandans negatively impacted by climate change, the delegates will emphasize securing financing for environmentally damaging initiatives like EACOP.

Activists are being detained at the Central Police Station in Kampala.

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

18 arrested in oil pipeline protests

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Police in Kampala yesterday arrested 18 individuals who were marching to the Energy Ministry to deliver their petition to Minister Ruth Nankabirwa, expressing their concerns over the planned construction of the East African Crude Oil Pipeline (Eacop).

The arrested individuals are part of the more than 50 students from various institutions under their umbrella body, Students against Eacop Uganda, and a section of Eacop Project Affected Persons (PAPs) who are opposed to the building of the pipeline.

Mr Luke Owoyesigyire, the Kampala Metropolitan Police deputy spokesperson, confirmed the arrests.

 “We are holding 18 people who had gathered or assembled unlawfully with the intent to march to the Ministry of Energy. They are currently being held at the Central Police Station in Kampala on charges of holding unlawful assembly,” he said.

Mr Owoyesigyire added: “We are aware that this is the same group that has been moving to the Chinese Embassy, last time they were moving to the Chinese company in charge of oil drills and this group is very resilient because every week, we arrest them. Like they are not tiring, even us we shall not tire to deploy our officers to arrest them and produce them in courts of law.”

Eacop is a 1,443km heated pipeline that will be constructed from Hoima in Uganda to Tanga in Tanzania to transport the crude oil that is expected to start being extracted next year.

It is being constructed by four partners; Total Energies owning 62 shares, China National Oil Company (Cnooc) [8 percent], Uganda National Oil Company, and Tanzania Petroleum Development Corporation owning 15 percent shares each.

 

Soldiers arrest some of the protesters in Kampala yesterday. 

Affected areas

In Uganda, it passes through 10 districts of Hoima, Kikube, Kakumiro, Kyankwanzi, Mubende, Gomba, Sembabule, Lwengo, and Kyotera, 27 Sub-counties, three Town Councils and 171 villages.

Before the arrest, the PAPs and student activists said the project had caused more suffering and posed more risks.

Mr Robert Pitua, one of the students and a PAP, said the project, despite coming with rosary statements, did not benefit them.

“We want to reach these people as a way of raising our concerns. Livelihood restoration programmes were insufficient, and now we cannot manage to restore the initial livelihoods we had. Most people are given unfair and inadequate compensation. They are using the old valuation rate and yet we are supposed to be using the current one,” he said.

Mr Bob Barigye one of the activists, said “Some people were given Shs260,000 as compensation in an acre of land, which payment is not clear since it was valued at an old rate. So we are here to express our concerns in a peaceful protest since we wrote letters and reports in vain.”

Mr Stephen Okwai, another PAP, said: “Currently most of us in western Uganda are being disturbed. You cannot know when the rain is going to start and when it will stop yet most of these people are farmers. The effect of this oil project is greatly impacted on the grassroots people.”

One of the protesters being dragged onto the police pickup truck.

What government says

According to their official website, Students against Eacop Uganda is an umbrella body of different student climate activists who are fighting to stop the pipeline construction because of what they call its devastating environmental impact.

These claims were, however, bashed by officials from Eacop Ltd, a firm responsible for the construction of the pipeline.

Mr John B Habumugisha, the deputy managing director of Eacop Ltd, said 99 percent of PAPs have fully been compensated.

“As of August 2024, a total of 9,831 out of 9,904 (99 percent) of PAPs in Tanzania and 3,549 out of 3,660 (97 percent) PAPs in Uganda have signed their compensation agreements. 9,827 out of 9,904 (99 percent) PAPs in Tanzania and 3,500 out of 3660 (96 percent) PAPs in Uganda have been paid. All 517 replacement houses, (177 in Uganda and 340 in Tanzania), have been constructed and handed over,” he said.

He added: “Land is accessed by the project only after compensation has been paid and the notice to vacate is issued and lapsed. Eligible PAPs are entitled to transitional food support and have access to livelihood restoration programmes.”

About pipeline

The 1443km pipeline from Hoima in Uganda to Tanga Port in Tanzania is expected to reach financial close this year, with the nearly $3 billion debt component of the project coming from Chinese lenders Exim Bank and Sinosure. The project is financed on a 60:40 percent debt-equity ratio. As at the end of April this year, the Eacop project progress in Uganda and Tanzania stood at 33 percent.

Source: Monitor

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