Connect with us

DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Uganda government ignores its directive on COVID evictions, evicts thousands of smallholder farmers, artisanal miners.

Published

on

Meeting of artisanal miners in Uganda
With the pandemic striking higher in Uganda, poor families continue to be forced off their land by their government and investors despite several directives halting evictions during the COVID period.
Uganda first went into lockdown on Monday the 30th of March, 2020, and the second lockdown was first announced on June, 06th 2021, and later revised by the government on June, 18th 2021 respectively to curb the spread of the novel coronavirus.
On April 16th, 2020, the government of Uganda through the ministry of lands ordered a total halt of all land evictions during the ongoing COVID-19 lockdown and directed all local governments and security agencies to enforce the order.
A second directive was announced on the 18th July 2021, with the current lands minister Judith Nabakooba stating that nobody should carry out evictions in this period.
Article 237 (1) of the 1995 Constitution of the Republic of Uganda states that land in Uganda belongs to the citizens of Uganda and shall vest in them in accordance with the land tenure systems provided for in this Constitution.
However, with the increased commoditization of land, such directives are hard to conform to.
Of the worst cases of forced evictions that have been documented in both lockdowns, the government of Uganda has had a lion’s share.
For instance, in May 2020, the government using armed forces forcefully evicted over 600 smallholder farmers in Hoima and Kikuube districts citing that they were occupying illegal fish land sites.
In another case that occurred on August 3rd, 2021 the government evicted over 200 people occupying the Maruzi ranch in the Apac district.
While in the same month of August, a government agency, the National forestry Authority torched several houses of poor families whom it regarded as encroachers in Moyo district, found in the northern region of Uganda.
In the latest looming evictions, the Uganda government is evicting more than 35,000 artisanal miners in the Kisita mines, located in Kisita village, Mbirizi sub-county in Kassanda district, 104 km from Uganda’s capital Kampala.
Both letters written by President Yoweri Museveni on the the12th day of October 2020 and 3rd May 2021, that were followed by his minister Peter.T. Lokeris, Minister of State for Mineral development dated the 24th of June 2021, directed the eviction of the artisanal miners before the 3rd day of November 2021 referring to them as illegal miners.
The community under the Kisita Mining Company were granted a mining lease ML 4603 for 21 years in 2002 over an area of 873 Ha in Kisita by the Ministry of Energy and Mineral Development under the Directorate of Geological Survey and Mines (DGSM) which casts doubt in government’s allegations that they are illegal miners.
Mr. Ssekate Abdullah is one of those whose livelihood has been thriving on artisanal mining. He joined Kisita in 2006 to try out his luck. Born in Malaba, a town in Tororo District, on Uganda’s eastern border with Kenya, he says mining has been his job and has painfully gained from it.
Residents say they are bound to lose a livelihood in case the government goes on with its intended and illegal evictions.
Sharing a brief history of gold exploration in Kisita, Wegule Isaac says the activity began in the 1970s.
“In those years, very few people knew gold, the foreigners who knew it would purchase it from us but at low prices,” Mr. Wegule, one of the oldest people in the area said in an interview with this defender.
But in the early 2000s, mining activity boomed and many villagers switched from farming to gold mining in the hope that they would be able to increase their income. However, the new boom was short-lived as the government is now threatening the villagers with eviction.
According to Ssekate, more than 1,000,000 people have benefited or earned living ever since the exploration began.
Despite the pitfalls in the economy caused by the surging COVID-19 numbers, several Ugandans are being pushed into extreme poverty by their government.
Earlier in June 2021, while reading the National Budget, Mr. Amos Lugoloobi, who is now the minister of state planning said the mining in which the artisanal belong and extractives sector’s contribution to the country’s GDP increased from 1.1% in 2016/17 to 2.3% in 2020/21. He said the industry was allocated Shs. 49 billion (equivalent to USD 13.9 millions) in the budget for Financial Year 2021/22 to support the mineral development.
Many miners believe that the Kampala regime is subjecting them to absolute poverty since they are losing their land and source of income.
It should be noted that the same regime under the guise of not paying taxes, 3 years ago, deployed the army and forcefully evicted over 60,000 artisanal miners in Lugongwe gold mines in the same district.
The victims were never accorded an alternative resettlement

DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: Buganda Road Court grants bail to 15 stop EACOP activists after 30 days in prison.

Published

on

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.

Continue Reading

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

on

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.

Continue Reading

DEFENDING LAND AND ENVIRONMENTAL RIGHTS

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

Published

on

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.

Continue Reading

Resource Center

Legal Framework

READ BY CATEGORY

Facebook

Newsletter

Subscribe to Witness Radio's newsletter



Trending

Subscribe to Witness Radio's newsletter