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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Uganda: A decade of land grabs with impunity

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3 years ago

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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

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Mubende Land Grabbing: Investor uses hunger as a method to force over 1000 small farmers off their land …….Special Report; abridged testimony……. ABDUCTION AND TORTURE: New methods used by multinationals and security agencies to grab land from the poor communities… Land grabs victims in Uganda form a movement to fight their rights A tree planting Chinese Company, Formosa Limited in fresh illegal land eviction… Land grabs at gunpoint in Kiryandongo district – Uganda – New report

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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.

Published

1 week ago

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December 11, 2024

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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.

Related posts:

Buganda Road Court will hear a bail application for 15 EACOP activists today. Breaking: The Bail Application for the 15 EACOP Activists flops for the second time, as the trial magistrate is reported to have been transferred. A bail application for the 15 EACOP activists failed to take off, and they were remanded back to Prison. Breaking: 15 Anti-EACOP Activists have been charged with common nuisance and remanded to Luzira prison. Breaking: Mwanga II Court grants bail to two defenders and a Project Affected Person (PAP).1
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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.

Published

2 weeks ago

on

December 10, 2024

By

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.

Related posts:

Buganda Road Court will hear a bail application for 15 EACOP activists today. A bail application for the 15 EACOP activists failed to take off, and they were remanded back to Prison. Breaking: 15 Anti-EACOP Activists have been charged with common nuisance and remanded to Luzira prison. Breaking: 15 Anti-EACOP Activists Arrested in Kampala While Marching to Parliament Breaking: Mwanga II Court grants bail to two defenders and a Project Affected Person (PAP).1
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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

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

Published

2 weeks ago

on

December 9, 2024

By

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.

Related posts:

Some of the 15 activists standing in the court dock.
A bail application for the 15 EACOP activists failed to take off, and they were remanded back to Prison. Breaking: 15 Anti-EACOP Activists have been charged with common nuisance and remanded to Luzira prison. Mubende Land Grab: Anxiety as court finally fixed a date to hear bail application for seven Formasa victims Mubende Land Grab: Judge declines to hear bail application, sends suspects back to prison Breaking: 15 Anti-EACOP Activists Arrested in Kampala While Marching to Parliament
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