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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

State fails to produce a key witness, prematurely closes its prosecution in the trial of the eight land rights defenders

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By the Witness Radio team,

The state prematurely closed its prosecution in the trial of the eight community land rights defenders after it failed to produce its last witness, the Investigating Officer (IO).

Mwawula Fred, Ramu Ndahimana, Samuel Kusiima, Martin Munyansia, Martin Haweka, Amos Wafula, Eliot Talemwa, and George Rwakabisha are facing a charge of threatening violence, which attracts a four-year sentence upon conviction.

Upon closure of the prosecution, the defense lawyers applied for the dismissal of the case for want of prosecution, adding the evidence before the court too weak to sustain a conviction

The court has directed the defense to file its written submission and serve the prosecution by 10th February 2022.

Since 2020, the prosecution has only presented two witnesses, which resulted in the trial being marred with unnecessary adjournments and transfers of trial magistrates.

The prosecution alleges that on September 4th, 2020, the eight community rights defenders, while at Kisalanda village, allegedly threatened to harm one of the police officers guarding Great Season SMC Limited’s plantation.

Great seasons SMC Limited is one of the multinationals that have forcefully evicted thousands of local farmers and criminalized activities of community land rights defenders for resisting illegal and forceful evictions of poor communities in the Kiryandongo district. The others include Kiryandongo Sugar Company and Agilis Partners Limited.

The court will rule on the application to dismiss the case on the 20th of March 2022

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Defending Land And Environmental Rights

Mubende police arrest and charge farmers that workers of a tree-planting company attacked.

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By Witness Radio team

Five smallholder farmers have been arrested and charged with malicious damage by Mubende police, Witness Radio Uganda has learned.

The victim farmers include; Kabuka Levi, Lubwama Robert, Bulegeya Erisa, Byakatonda David, and Byamukama Yuda are among the victims of the company attacks. Upon arrest, they (victims) recorded statements and later were released on police bond.

Before their arrest, the farmers had opened several cases against their tormentors (company workers) for attacking and destroying their properties worth millions of Shillings. Several files were opened including SD.ref/09/07/12/2022 and SD.ref/12/07/12/2022 against company workers. However, to their surprise, the police made a U-turn and got them arrested.

On December 7th, 2022, in the wee hours of that day, a group of over 20 casual workers linked to Formosa limited, a tree planting company based in Mubende district attacked several families, properties like houses and food crop plantations were destroyed, and several farmers were severely beaten with intentions of forcing them off their land.

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

In the meantime, the same company in 2017 caused the arbitrary arrest and imprisonment of 5 community land rights defenders for 15 years and 35 years on murder and other charges. The five include; Paul Sinamenya, Richard Ssemombwe, Fenehansi Kaberuka, Esau Hategeka, Godfrey Bukenya, Yonnah Ssebanenya, and Sserugo Sam Ssemigo.

Witness Radio appealed against the conviction of 5 defenders for review and is waiting on the appellant court to set the hearing date of the case.

Since 2011, Formasa company under the protection of private security guards and the police has grabbed 2590 hectares that were a source of livelihood for hundreds of poor communities.

The land grabbing has affected over ten (10) villages including Butoro, Kyedikyo, Nakasozi, Namayindi, Kitebe, Kisiigwa, Mukiguluka, Busaabala, and Kicucuulo located both in Maduddu and Butoloogo sub-counties in Mubende district.

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Defending Land And Environmental Rights

Community land rights defenders that have been on trial since 2020; are set to return to court this January.

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By Witness Radio Team.

The criminal trial of eight (8) Community land rights defenders on charges of threatening violence is to resume on the 23rd of January 2022, with the state producing its final witness.

The defense lawyers are preparing a submission of no case to answer upon closure of the prosecution’s case because of the insufficiency of the case.

So far, the prosecution has presented two witnesses before the court since 2020, whose trial sessions have been marred with unnecessary adjournments and transfers of hearing magistrates.

The eight community land rights defenders include; Mwawula Fred, Ramu Ndahimana, Samuel Kusiima, Martin Munyansia, Martin Haweka, Amos Wafula, Eliot Talemwa, and George Rwakabisha were charged with threatening violence, a charge that attracts a four-year sentence upon conviction.

The prosecution alleges that on September 4th, 2020, the eight and others, while at Kisalanda village, allegedly threatened to harm one of the police officers guarding Great Season SMC Limited’s plantation.

In November 2020, the prosecution disclosed to defense lawyers and informed the court that investigations were closed and the prosecutor’s chambers were ready to proceed to trial.

Great seasons SMC Limited is one of the multinationals that have forcefully evicted thousands of local people and later criminalized activities of smallholder farmers that have resisted illegal evictions in the Kiryandongo district. The others include Kiryandongo Sugar Company and Agilis Partners Limited.

The trial will start at 10 am East African Time.

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