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Uganda: Court of Appeal starts hearing an appeal case challenging the High Court’s decision of not canceling the ESIA certificate that allowed the cutting down of Bugoma Forest.

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By the Witness Radio Team,

The Court of Appeal in Kampala, Uganda’s capital, has started hearing an appeal case challenging the High Court’s decision not to cancel the Environmental and Social Impact Assessment (ESIA) certificate.

The National Environment Management Authority (NEMA) issued Hoima Sugar Limited with an ESIA certificate of approval for the company’s Kyangwali Mixed Land Use project in August 2020 to cut down a natural forest, Bugoma central forest reserve to grow sugarcane, set up an urban center, and engage in other activities degrading the forest. Kyangwali Mixed Land Use project is a facility owned by Hoima Sugar Limited.

Bugoma forest reserve is 155 miles (250km) long, northwest of Kampala, and covers more than 40,000 hectares. It is the largest remaining block of natural tropical forest along the Albertine rift valley. It is home to 38 species of mammals, of which four are threatened according to global reports, and nine are listed in the International Union for Conservation of Nature’s red list. Some 600 chimpanzees, classified as endangered and of global conservation concern, live in this stretch of tropical rainforest.

The appeal arose from a case filed in the high court in Kampala in 2020 demanding for cancellation of HSL’s ESIA certificate. The partners argued that Hoima Sugar Limited violated Regulation 10 of the 1998 Environmental Impact Assessment (EIA) regulations which provides for an environmental impact study and shall be conducted following the terms of reference (ToR) developed by the developer in consultation with NEMA and the lead agency.

The High court case filed by the Save Bugoma Forest Campaigners (SBFC) included the Africa Institute for Energy Governance (AFIEGO), the National Association of Professional Environmentalists (NAPE), and the Water and Environment Media Network (WEMNET), and others.

The petitioners further urged that Regulation 12 was violated too which also requires developers to publicize the intended project, its anticipated effects, and benefits through the mass media in a language understood by the affected communities for not less than fourteen days and others.

In May 2021, the High Court in Kampala ruled against the SBFC and did not cancel HSL’s ESIA certificate. In the ruling, Justice Musa Ssekaana referred the applicant’s case an attempt to suppress the real facts by exaggerating that the entire forest is being cleared for sugarcane planting and winning public sympathy.

SBFC in their appeal, argues that the judge failed to address the violations by NEMA and Hoima Sugar Ltd. For instance, the judge’s view that it was okay for the developer not to consult institutions like National Forest Authority (NFA), Uganda Wildlife Authority (UWA), Kikuube district local government, and others while the developer was undertaking the ESIA study is terrible.

During the first hearing, the registrar of the Court of Appeal, Lilian Bucyana gave both parties timelines to file conferencing notes. The conferencing notes which are supposed to be filed before the next hearing on October 6, 2023, will contain the brief facts of the case as it will be argued by the parties and will also include the issues to be determined by court thereafter.

“We are happy that the court has commenced processes to enable the hearing of our case. However, the court delayed hearing the case and Hoima Sugar wantonly destroyed the Bugoma forest. It is unfortunate. We hope that the court will prioritize this and other environmental cases to protect Uganda’s last few remaining tropical rainforests.” Dickens Kamugisha, the SBFC chairperson, said,

Frank Muramuzi of NAPE added, “Before Hoima Sugar was illegally allowed to destroy Bugoma, the forest was home to about 11.4% of Uganda’s chimpanzees. Reports indicate that the number of chimpanzees in the forest has reduced. Why would Uganda allow to lose its important biodiversity for sugarcane? We hope that the court of appeal will stop this destruction.”

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COP16 in Riyadh: World Leaders Commit $12.15B to Combat Land Degradation and Drought

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The 16th Conference of the Parties (COP16) to the United Nations Convention to Combat Desertification (UNCCD) has concluded in Riyadh, marking the largest and most inclusive conference in the organization’s history.

With over 20,000 participants, including global leaders, scientists, private sector representatives, and civil society groups, the conference laid out bold strategies to address land degradation, drought, and desertification.

The highlight of the conference was the announcement of the Riyadh Global Drought Resilience Partnership, which secured $12.15 billion in pledges to support drought-affected regions in 80 vulnerable countries, including Uganda.

This funding aims to strengthen food security, promote sustainable land management, and protect ecosystems from the growing impacts of climate change.

For Uganda, where over 40% of the population relies on agriculture, this commitment offers hope for combating the devastating effects of prolonged droughts in the cattle corridor and other semi-arid regions.

In a move to enhance global preparedness for droughts, COP16 launched an AI-powered Drought Observatory, a groundbreaking tool designed to provide real-time data and predictive analysis.

Uganda, with its ongoing challenges in monitoring and responding to climate impacts, stands to benefit immensely from this technology, which will enable the government to anticipate and respond effectively to severe drought conditions.

This could mitigate the recurring food insecurity and water scarcity issues faced by communities in Karamoja and other drought-prone areas.

H.E. Abdulrahman Abdulmohsen AlFadley, COP16 President, in his closing remarks, stated:

“This session marks a turning point in raising awareness and strengthening efforts to restore land and build resilience. The Riyadh Declaration sends a clear message: the time for decisive action is now.”

For Uganda, this turning point is critical as the country battles desertification in key ecosystems like the cattle corridor and Lake Kyoga basin, which threaten biodiversity, agriculture, and livelihoods.

With only 6% of land restoration funding currently coming from private sources, COP16 introduced the Business for Land initiative to increase private sector engagement in land restoration.

Over 400 companies participated in discussions on sustainable finance, environmental, social, and governance (ESG) practices, and strategies to mobilize private investment for land restoration projects.

Uganda, which has already seen successful private-sector participation in conservation projects such as carbon trading and reforestation in areas like Mabira Forest, could tap into this global momentum to attract more investments for land restoration initiatives.

To promote inclusivity, COP16 placed women and youth at the forefront of the fight against land degradation. Key outcomes included:

The launch of youth-led initiatives to drive grassroots climate action.

Adoption of gender-responsive policies to ensure equitable participation in land restoration efforts.

For Uganda, these measures are especially relevant.

The country has a youthful population and strong women-led grassroots organizations that are already leading efforts to promote climate resilience through tree planting and sustainable farming practices.

The resolutions adopted at COP16 provide a framework for scaling up these local efforts while ensuring inclusivity and equitable representation.

Scientific data presented at COP16 painted a dire picture of the planet’s land resources:

77.6% of Earth’s land is drier today than it was 30 years ago.

40.6% of the planet is now classified as drylands, threatening ecosystems, food security, and livelihoods.

For Uganda, this data underscores the urgent need for action.

With parts of the country already facing desertification and reduced rainfall patterns, the findings highlight the importance of restoring degraded lands like Nakasongola and tackling deforestation in critical areas such as Mount Elgon.

As COP16 wraps up, attention now shifts to COP17, which will take place in Mongolia.

Delegates will continue discussions on establishing a global drought regime, building on the momentum and progress achieved in Riyadh.

For Uganda, the outcomes of COP16 represent a pivotal moment.

The historic commitments, technological innovations, and inclusive policies offer the country an opportunity to address its growing environmental challenges.

If implemented effectively, these resolutions could help Uganda restore its degraded lands, safeguard livelihoods, and build resilience against future climate shocks, positioning the country as a leader in sustainable land management in Africa.

Source: nilepost.co.ug

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Church of Uganda’s call to end land grabbing is timely and re-enforces earlier calls to investigate quack investors and their agents fueling the problem.

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By Witness Radio team.

The Church of Uganda has called for the government to intervene immediately to address the escalating issue of land grabbing in Uganda.

The Archbishop of the Church of Uganda, Rt, made the urgent appeal. Rev. Steven Kazimba Mugalu, during an event in Wamala Village, Nansana Municipality, Wakiso District, on Saturday, December 7. He urged the government to take responsibility for protecting its citizens’ rights, particularly the right to own and occupy land, by strengthening laws and regulations governing land ownership and use.

The Archbishop noted that local communities are being forcibly removed from their land without receiving compensation or alternative sources of income. In many cases, Ugandan communities face eviction or compulsory land acquisition under the guise of developmental projects, leaving many marginalized.

Bwowe Ismael’s case is an example. He is a father of 20 and a person with a disability (PWD) living in Bethlehem in the Kyotera district. In an interview with Witness Radio, he revealed that his land was forcefully taken when he demanded fair compensation for it, which is affected by the East African crude oil pipeline project (EACOP). He shared that the State authorities intimidated, arrested, and charged him with false offenses, such as aggravated robbery, accusing him of sabotaging the government project.

“This is a loss for the entire nation, not just the impacted individuals and families,” the Archbishop said. He added,” We implore the government to set up an open and transparent procedure for acquiring land and to guarantee that all people and communities impacted by land grabbing receive just compensation.”

The Church of Uganda’s call for government intervention on land grabbing comes less than a month after Witness Radio released a shocking report on land evictions in Uganda. The report revealed that nearly four land evictions are reported weekly, affecting approximately 15,126 people and threatening 5,060.12 hectares of land nationwide. It further estimated that 2,160 Ugandans face evictions daily to make way for investments, with 723 hectares of land at risk of being seized daily.

The Witness Radio report “Forced Land Evictions in Uganda” covered 90 land eviction cases over six months from January to June 2024, affecting at least 363,021 Ugandans and putting over 121,000 hectares of land at risk of land grabs.

Evictions have not only disrupted people’s lives but have also contributed to increased food insecurity in Uganda, violence, and, in many cases, death and the criminalization of those who resist or face eviction. According to the report, corporate entities such as Agilis Partners Ltd, Great Seasons Ltd, East African Crude Oil Pipeline (EACOP), New Forest Company (NFC), and Formosa Ltd, along with the impunity of government officials, wealthy individuals, multinational corporations, and influential figures, including Army Generals, are the leading perpetrators.

The report further highlighted that local and foreign investors were involved in 67 cases, government agencies in 12, and tribal and family land conflicts in 11 cases.

Poor people are often the primary targets and most affected by land grabbing as those behind these evictions hold significant power. During the same period, Witness Radio documented 65 attacks on land and environmental defenders (LEDs) and climate activists who were challenging illegal land evictions and corporate environmental harm in Uganda.  Most (37) evictions were enforced by armed gangs on behalf of evictors, with 25 cases by Uganda police. In contrast, 5 cases involved the participation of some soldiers of the Uganda Army, whereas 4 cases involved private security companies.

Kazimba’s call for government intervention echoes Witness Radio’s report, which also emphasized the urgent need for government action to address the land-grabbing crisis, respect human rights, uphold the rule of law, ensure compliance with directives on land evictions issued by relevant authorities, and closely monitor their implementation.

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Three-quarters of Earth’s land became permanently drier in last three decades: UN

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