Connect with us

THE WITNESS

Uganda; Land for smallholder farmers is vanishing unbated

Published

on

By witnessradio.org Team,

“…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…” states article 237 of the 1995 Constitution of the Republic of Uganda.

The Constitution portrays land ownership as a progressive journey however, the reality is that an ordinary citizen may find it hard to own land as inequality was entrenched within a social-political system that continue to enact and implement land policies and laws, which govern ownership and usage.

Majority citizens’ livelihood and survival has been proved to be on land according to 2016 figures from Uganda National Bureau of Statistics (UBOS). The figures indicate that nearly 70 percent of households are engaged in subsistence farming of which, 82 percent are in rural areas and dependent on agriculture.

Last May 2018, the Uganda Human Rights Commission (UHRC) released a report on “Land Disputes and Human Rights in Selected Regions” indicating that almost half of the total land in Uganda is being claimed by those with power and money. The research was carried out to understand the impact of land disputes on enjoyment of fundamental human rights and freedoms. It was carried out in selected districts in all regions of Uganda.

Between 2006 and 2010, New Forests Company (NFC) with protection from Uganda’s army and police force violently evicted over 22,500 natives off their land in Kiboga and Mubende districts totaling to 9,300 hectares to make way for tree plantation. Today, the people evicted from the land are desperate, having been driven into poverty and landlessness.

According to available court documents, both evictions in Kiboga and Mubende districts were carried out as there were high court orders restraining the NFC, its agent and workers from continuing with evictions.

For an example; on 19 June 2009 the Uganda High Court issued an interim order on Kiboga eviction ‘restraining the respondent [i.e. the New Forests Company], its workers, agents, assignees … from evicting the applicants and their families, destroying their crops, schools, hospitals, social infrastructure and livestock.

NFC has attracted investment from international banks and private equity funds since 2008. The European Investment Bank (EIB), the EU’s financing institution, has loaned NFC five million Euros to expand one of its Ugandan plantations. Agri-Vie Agribusiness Fund, a private equity investment fund focused on food and agribusiness in sub-Saharan Africa, has invested $6.7m in NFC. Agri-Vie is itself backed by development finance institutions, notably the World Bank’s private sector lending arm, the International Finance Corporation (IFC). The most significant investment in NFC came from HSBC (around $10m), which gave HSBC 20 per cent ownership of the company and one of six seats on the NFC Board.

Close to seventeen years now, over 4000 former Kaweeri smallholder farmers have been fighting to get back their land but the battle is still far from Completion.

In August 2001, indigenous communities were violently evicted off their 2524 hectares which they had been living on for several decades. The land covered four villages Kitemba, Luwunga, Kijunga and Kiryamakobe in Maddudu sub county, Mubende district.

The Uganda People’s Defense Force (UPDF, a government army) forced them to leave their premises because the semi-statal Uganda Investment Authority (UIA) wanted to lease it to the Kaweri Coffee Plantation Ltd, a 100% subsidiary of the Neumann Kaffee Gruppe (NKG) based in Hamburg/Germany. The eviction was described by the evictees as particularly cruel.

The soldiers set houses on fire and demolished them, including the fully equipped private clinic of the community and six churches. Movable properties were looted and crops were cut down and uprooted. The Kitemba primary school (a formal school for the villages) after the eviction has been used as the headquarters of Kaweri/NKG Coffee plantation.

Victims that spoke to witnessradio.org said that the eviction was carried out on privately owned land. Although the Uganda’s legal process is very slow but in 2002, affected communities with support from NGOs went to court (Civil Suit No. 179 of 2002) at Nakawa High Court (Kampala). After 12 years of waiting, the judge ruled in favor of the evictees on 28th of March 2013. The judgment allowed the evictees to get back to their land and damages be compensated to a total of (37,085,574,606.3 UGX – about US dollars 10 million caused by the eviction.

On 12th, August 2013, the Ugandan government appealed against the ruling in the Appeal Court. Civil Appeal No. 144 of 2013 arising out of H.C. Civil Suit No. 1779/2002. Up to now, the case has not been fixed for hearing.

In 2015, the matter was referred to the United Nations Committee on Economic, Social and Cultural Rights (CESCR). During its sittings, the committee was alarmed by repeated cases of forced evictions of communities as well as lack of restitution, compensation or provision of alternative housing.

The Committee recommended that Uganda government refrain from forcibly evicting individuals and expropriating land, regardless of the context. On a particular note, the CESCR urges to the State party to “take immediate measures to ensure that the rights of the Mubende community are restored” however more than two years, no action has been taken.

The 23 year old Constitution recognizes four tenure systems under which a citizen can own land, namely; Customary; freehold; mailo and leasehold; establishes institutions that are mandated to hold and manage land on behalf of the natives including Uganda land Commission, District Land Boards on top the mother ministry of land but they (institutions) are facing independence and credibility challenges before any citizen.

Subordinate laws to Constitution that set standards for any investment on land including the Investment Code Act has not been respected and applied to protect land owners from losing their land.

The latest development that will finally seal a land deal for the rich and powerful in Uganda; is the government proposal to amend Article 26 of the Constitution to enable the government to acquire private land for public purposes without prior compensation.

DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Statement: The Energy Sector Strategy 2024–2028 Must Mark the End of the EBRD’s Support to Fossil Fuels

Published

on

The European Bank for Reconstruction and Development (EBRD) is due to publish a new Energy Sector Strategy before the end of 2023. A total of 130 civil society organizations from over 40 countries have released a statement calling on the EBRD to end finance for all fossil fuels, including gas.

From 2018 to 2021, the EBRD invested EUR 2.9 billion in the fossil energy sector, with the majority of this support going to gas. This makes it the third biggest funder of fossil fuels among all multilateral development banks, behind the World Bank Group and the Islamic Development Bank.

The EBRD has already excluded coal and upstream oil and gas fields from its financing. The draft Energy Sector Strategy further excludes oil transportation and oil-fired electricity generation. However, the draft strategy would continue to allow some investment in new fossil gas pipelines and other transportation infrastructure, as well as gas power generation and heating.

In the statement, the civil society organizations point out that any new support to gas risks locking in outdated energy infrastructure in places that need investments in clean energy the most. At the same time, they highlight, ending support to fossil gas is necessary, not only for climate security, but also for ensuring energy security, since continued investment in gas exposes countries of operation to high and volatile energy prices that can have a severe impact on their ability to reach development targets. Moreover, they underscore that supporting new gas transportation infrastructure is not a solution to the current energy crisis, given that new infrastructure would not come online for several years, well after the crisis has passed.

The signatories of the statement call on the EBRD to amend the Energy Sector Strategy to

  • fully exclude new investments in midstream and downstream gas projects;
  • avoid loopholes involving the use of unproven or uneconomic technologies, as well as aspirational but meaningless mitigation measures such as “CCS-readiness”; and
  • strengthen the requirements for financial intermediaries where the intended nature of the sub-transactions is not known to exclude fossil fuel finance across the entire value chain.

Source: iisd.org

Download the statement: https://www.iisd.org/system/files/2023-09/ngo-statement-on-energy-sector-strategy-2024-2028.pdf

Continue Reading

DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: Three community land rights defenders from Kawaala have been arrested.

Published

on

Old kampala police where defenders were arrested from .

Breaking: Three community land rights defenders from Kawaala have been arrested.

By Witness Radio team

Police at Old Kampala Regional Police Headquarter have arrested three of the six community land rights defenders from Kawaala Zone II, Kampala suburb, and preferred a fraud charge before being released on bond.

Kasozi Paul, Busobolwa Adam, and Kabugo Micheal got arrested on their arrival before being taken inside interrogation rooms. They were questioned from 11:00 AM – 12:30 PM local time and later recorded their statements.

Section 342 of the Penal Code states that forgery is the making of a false document with the intent to defraud or deceive. It carries a three year imprisonment on conviction.

According to lawyers representing victims, defenders are arrested on the orders of the Deputy Resident City Commissioner (RCC) in charge of Rubaga Division Anderson Burora and accused them of fraud.

Resident City Commissioner is a representative of the president in the Capital City at the division level.

The charges are a result of continued resistance by Kawaala community seeking fair compensation and resettlement before Lubigi drainage channel is constructed. Since the first COVID outbreak in 2020, the victim defenders and others have been leading a pushback campaign to stop forced evictions by a multimillion dollars Kampala Institutional and Infrastructure Development Project (KIIDP-2) funded by World Bank. Kampala Capital City Authority (KCCA) is the implementor of the project.

This project first impacted Kawaala Zone II around 2014, when a channel diversion was constructed. The current planned expansion will widen that channel and require forced evictions across an area at least 70 meters wide and 2.5 km long.

The New Vision, a local daily of June 21st, 2022, quoted Burora accusing Kasozi Paul, one of the community land rights defenders from Kawaala Zone II of being a fraudster.

Witness Radio – Uganda challenges the deputy RCC Burora to produce evidence that pins the defenders on fraud instead of criminalizing the work of defenders.

“We warn Mr. Burora against using police to harass defenders who have openly opposed a project which is causing negative impacts on the community” Adong Sarah, one of the lawyers representing the defenders said.

The defenders got released on police bond as they are expected to report back to the police on Monday, the 18th of July 2022 at 11:00 AM local time.

 

Continue Reading

DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Signs of harmful projects with financing from development institutions are spotted in Uganda…

Published

on

By Witness Radio Team.

The growth of a country is discerned by great leaders and innovators who see opportunities out of darkness and transform their areas from nothing to success. Those are great leaders whose interest is to see the developments in their countries and the well-being of their citizens.

Every single day, countries all over the world receive investors that acquire loans, grants, and donations to implement mega projects that are seemingly expected to develop host countries. countries and investors borrowing the money Often, countries and investors portray how these projects improve the livelihood of the browbeaten, au contraire, they have left many broken families, poor-dirty homesteads, and shattered dreams.

Uganda is one of those countries, whose citizens have paid a price for reckless or unsupervised and profit-led international investment. In a bid to implement its industrial policy, the country has welcomed both foreign and local investors with interests in the fields of extraction, industrial agriculture, carbon credit tree plantation, mining, infrastructural projects, and many others.

It has received billions of dollars from different financiers including commercial banks, Pension Funds, and International Development Finance Banks or institutions, among others. For instance, the World Bank has invested more than 20 Billion Dollars since 1963 and currently

Every project comes with its own chilling story. More often their stories are unheard by the World. Witness Radio – Uganda surveyed some projects in Uganda. This study revealed agony, illegal evictions, abject poverty, environmental degradation, and loss of life among others, as some of the consequences suffered by the would-be beneficiaries of these international funded projects across the country.

In the capital of Uganda, Kampala, over 1750 families were forcefully evicted from a city suburb, Naguru, for Naguru- Nakawa housing estates.  11 years down the road the project that was highly hyped is to take off on the grabbed land. Pleas from the victims of the eviction to regain their land have all fallen on deaf ears.

About 80km away from Kampala is the island district of Kalangala surrounded by the World’s second-largest lake, Victoria, and known for palm growing. When the palm-oil project was introduced to residents they were given the impression that it would improve their livelihoods and create job opportunities.  Instead, it has dumped thousands into poverty after their land was grabbed by BIDCO, a Wilmer international-funded project. People lost land and now work on plantations as casual laborers. The neighboring communities are accusing BIDCO workers of sexual and gender-based violence.

In the South-Western District of Kiryandongo, multinational companies including Agilis Partners Limited, Kiryandongo Sugar Limited, and Great Seasons SMC Limited with funding from The United States Agency for International Development (USAID), The Department for International Development (DFID) of the United Kingdom, and Common Fund for Commodities among other financiers are forcefully evicting more than 35,000 people. The eviction has been on since 2017.

Workers that worked on a World Bank Project in Soroti, in the far east of the country, are accused of sexually harassing minors. Several young girls were defiled and left pregnant. Despite the government being aware of this none of the pedophiles have been brought to book, the World Bank-funded project in the Eastern Town of Soroti left several underage girls defiled and impregnated.

In late 2020, residents of Kawaala zone II woke up to the hail of armed men and graders evicting and destroying their properties to implement a multimillion-dollar project funded by the World Bank. The project is being implemented by the Kampala Capital city Authority (KCCA) on behalf of the government of Uganda.

The above-listed and other projects, on the other hand, continue to perpetuate violence and judicial harassment against leaders of Project Affected Persons (PAPs) and community land and environmental rights defenders because of their work that resists illegal evictions and destruction of the environment among others.

Although project implementers such as government entities accuse local communities of occupying land targeted for projects illegally, in most cases victim communities have rights over these pieces of land because their settlement on the same land can be traced to have happened generations ago.

No matter how people are negatively impacted being by these harmful projects, financiers continue to release more money to the government and investors. The banks aim at profit margins other than the livelihoods of the people. In Bulebi village, Mbazi parish, Mpunge Sub County in Mukono district, Akon’s futuristic city is about to lead to the eviction of over 1000 residents whose entire lives have been built on their land.

In April last year, American rapper Aliaune Damala Badara well known for his stage name AKON visited Uganda in search of land for constructing the city. On the same business trip, he met President Museveni Yoweri Kaguta and expressed his interest in building a futuristic city with its currency. The president ordered the Ministry of Lands, housing, and urban development to look out for free land for his city.

However, on 7th Jan 2022, the Uganda Land Commission showed the Minister for Lands, Housing, and Urban Development “Hon Judith Nabakooba” land that was proposed for the Akon city. According to the Uganda land commission, the land is Freehold Volume 53 Folio 9 measuring I square mile.

This has sparked outrage amongst the affected as they were never consulted or consented to allow the project in their community. According to community members that Witness Radio interviewed, they said they heard the distressing news of Akon city through the Media.

The community said no official from the ministry has ever approached them about their land giveaway. “Our country is full of land evictions and evictors begin in that way. There has been no official coming on the ground to officially inform us about the project and neither have we heard any official communication of compensation.” Obori said.

Residing in the attractive village surrounded by freshwaters, the community asserts this has been the source of livelihood and advised the government to get alternative land for the City.

Controversies surrounding the land giveaway and ownership of the area still exist. A section of residents have protested and vowed not to surrender their land for the City. They claim to have acquired freehold titles from the Mukono lands board.

Continue Reading

Resource Center

Legal Framework

READ BY CATEGORY

Facebook

Newsletter

Subscribe to Witness Radio's newsletter



Trending

Subscribe to Witness Radio's newsletter