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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Uganda: NGO claims Agilis Partners & Great Seasons violently evicted locals to pave the way for agribusiness; Agilis Partners responds

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“Uganda: NGO claims Agilis Partners and Great Seasons violently evicting locals to pave way for agribusiness; Agilis Partners denies claims”

Witness Radio claims that Agilis Partners limited and Great Season have resorted to the use of violence to grab land from poor communities. It alleges that Agilis Partners limited and Great Season Company as well as their agents severely beat William Katusiime, violently and arbitrarily arrested  Sipiriano Baluma and Haweka Martin. Katusiime is a member of a community being dispossessed by Agilis Partners while Haweka and Baluma are members of a community being illegally and violently evicted by Great Seasons Company respectively. Business and Human Rights Resource Centre invite Agilis Partners to respond. Agilis Partners said that it entered into voluntary agreements with illegal occupants based a valuation framework and agreements were witnessed by local government leaders The full response is included. We could not get reliable contacts for Great Season and will include their response if we receive it.

Agilis Partners’ response

Author: Agilis Partners

“Response to Business & Human Rights Resource Centre”

In March 2017, Agilis acquired land in Kiryandongo District, Uganda from private individuals pursuant to a purchase agreement in exchange for cash consideration.  Government did not grant or sell the land to Agilis. Between June 2017 and December 2017, Agilis completed extensive community consultation and integrated planning.  On 3 July 2017, Agilis held a preliminary stakeholder meeting with the District Security Committee to determine an approach.  On 6 October 2017, Agilis met with Local Government and held a Level 1 Stakeholders General Meeting.  In this meeting, Agilis and stakeholders discussed potential removal of individuals from the land and Agilis’s general investment plan in the District…

Based on this census and satellite imagery, Agilis’s legal counsel established that none of the individuals occupying the land had title or other legal, customary or bona fide claims to the land. Katende Ssempebwa and Company Advocates advised Agilis in this assessment.  The courts of law of Uganda have concurred with this perspective. Counsel advised that Agilis had the prerogative to seek forced evictions from the land.  Agilis decided against forced evictions due to the humanitarian risks this would pose to the individuals illegally occupying the land.  All individuals who have departed the land have done so pursuant to voluntary agreements in exchange for cash compensation…

Through 2018, Agilis entered into voluntary agreements with illegal occupants based on the above valuation framework. All agreements were witnessed by local government leaders and legal counsel.  Local leaders have remained engaged throughout the consultative and implementation processes.  Multiple individuals have raised grievances which have been addressed according to the grievance redress process.  Agilis has not evicted anyone from the land.  Allegations of violent aggression and forced evictions by Agilis are false.

Agilis Patners and Great Season allegedly violently dispossesing communities of land to pave way for agribusiness

Author: Witness Radio (Uganda)

“Multinationals are using violence as weapon in the COVID-19 lockdown to dispossess communities”

As Uganda begins a 32 day COVID – 19 Lockdown, multinational companies dispossessing more than 35000 natives off their land, have resorted to the use of violence to grab land for poor communities. During the previous weekend, Agilis Partners limited and Great Season Company as well as their agents severely beat William Katusiime, violently and arbitrarily arrested two people namely Sipiriano Baluma and Haweka Martin. Katusiime is a member of a community being dispossessed by Agilis Partners while Haweka and Baluma are members of a community being illegally and violently evicted by Great Seasons Company respectively…

According to Katusiime, he was confronted from his land by Agilis Partners staff and a guard putting on a uniform of Saracen, a private security company hired by Agilis to provide security. They were patrolling the area. He said he was severely beaten for over 20 minutes and sustained body injuries. “ I was being accused of refusing to leave the land and continue cultivating it” Said Katusiime

Katusiime further explained that when he reported the matter to area police (Kimogola police post), police officers at police post blocked him from opening up a case instead referred him to Kiryandongo police station saying, they have orders not to attend to any victims of Agilis Partners. Haweka was arbitrarily arrested at Kimogola police post where he had gone to open up a case of crops’ destruction while Baluma’s cause of arrest is still unknown.

 

DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: 15 Anti-EACOP Activists have been charged with common nuisance and remanded to Luzira prison.

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By Witness Radio team.

A group of 15 anti-EACOP protesters from Kyambogo and Makerere University Business School (Mubs) Universities was arrested on Monday, 11th, for protesting against the East African Crude Oil Pipeline (EACOP) project. They have been arraigned before Buganda Road Chief Magistrates Court and charged with common nuisance.

Fourteen of them were students from Kyambogo University including 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 from Makerere University Business School (MUBS). Grade one magistrate Sanula Nambozo remanded them.

Section 160 (1) of the Penal Code Act states that any person charged with common nuisance, once convicted, is liable to imprisonment for one year.

Police arrested them while marching toward Uganda’s Parliament to meet the Speaker of Parliament and raise concerns about the East African Crude Oil Pipeline (EACOP) project, including the gross human rights abuses and the significant threat it poses to the environment.

This case is part of ongoing protests against the $3.5 billion EACOP project, which will transport crude oil from Uganda’s Albertine region to Tanzania’s Tanga seaport. The project has faced criticism over delayed compensations for affected persons and secretive agreements. Despite a European Union resolution against the pipeline, President Yoweri Museveni has insisted it will proceed as planned.

The prosecution alleges that on November 11, 2024, the accused gathered at Parliamentary Avenue, causing disruption and inconvenience by holding an unauthorized demonstration on the road while displaying placards and banners opposing the oil pipeline.

The 15 activists have been remanded to Luzira Prison until November 26, when their lawyers could apply for bail.

 

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: 15 Anti-EACOP Activists Arrested in Kampala While Marching to Parliament

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By Witness Radio team

Kampala, Uganda – A group of 15 anti-EACOP protesters from Kyambogo University have been arrested in Kampala, Uganda’s capital by police while marching toward the Ugandan Parliament, Witness Radio has learned.

The activists, dressed in orange T-shirts bearing the slogan “No to Oil” and chanting “Stop EACOP,” were arrested by Police at Parliamentary Avenue at approximately 10 a.m. EAT this morning. They wanted to meet the Speaker of Parliament to raise concerns about the East African Crude Oil Pipeline (EACOP) project.

The protesters claim that the EACOP project has led to severe human rights abuses and poses a significant threat to the environment.

Their arrest comes just hours after the start of COP29 in Baku, Azerbaijan. The 29th Conference of the Parties (COP29), hosted by the Government of Azerbaijan, officially begins today, Monday, 11 November, and runs through Friday, 22 November 2024. It aims to build on previous achievements and set a foundation for future climate ambitions to address the global climate crisis.

Uganda, represented at COP29, hopes to use this opportunity to obtain funds for projects related to resilience and adaptation. However, campaigners contend that rather than speaking for Ugandans negatively impacted by climate change, the delegates will emphasize securing financing for environmentally damaging initiatives like EACOP.

Activists are being detained at the Central Police Station in Kampala.

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

18 arrested in oil pipeline protests

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Police in Kampala yesterday arrested 18 individuals who were marching to the Energy Ministry to deliver their petition to Minister Ruth Nankabirwa, expressing their concerns over the planned construction of the East African Crude Oil Pipeline (Eacop).

The arrested individuals are part of the more than 50 students from various institutions under their umbrella body, Students against Eacop Uganda, and a section of Eacop Project Affected Persons (PAPs) who are opposed to the building of the pipeline.

Mr Luke Owoyesigyire, the Kampala Metropolitan Police deputy spokesperson, confirmed the arrests.

 “We are holding 18 people who had gathered or assembled unlawfully with the intent to march to the Ministry of Energy. They are currently being held at the Central Police Station in Kampala on charges of holding unlawful assembly,” he said.

Mr Owoyesigyire added: “We are aware that this is the same group that has been moving to the Chinese Embassy, last time they were moving to the Chinese company in charge of oil drills and this group is very resilient because every week, we arrest them. Like they are not tiring, even us we shall not tire to deploy our officers to arrest them and produce them in courts of law.”

Eacop is a 1,443km heated pipeline that will be constructed from Hoima in Uganda to Tanga in Tanzania to transport the crude oil that is expected to start being extracted next year.

It is being constructed by four partners; Total Energies owning 62 shares, China National Oil Company (Cnooc) [8 percent], Uganda National Oil Company, and Tanzania Petroleum Development Corporation owning 15 percent shares each.

 

Soldiers arrest some of the protesters in Kampala yesterday. 

Affected areas

In Uganda, it passes through 10 districts of Hoima, Kikube, Kakumiro, Kyankwanzi, Mubende, Gomba, Sembabule, Lwengo, and Kyotera, 27 Sub-counties, three Town Councils and 171 villages.

Before the arrest, the PAPs and student activists said the project had caused more suffering and posed more risks.

Mr Robert Pitua, one of the students and a PAP, said the project, despite coming with rosary statements, did not benefit them.

“We want to reach these people as a way of raising our concerns. Livelihood restoration programmes were insufficient, and now we cannot manage to restore the initial livelihoods we had. Most people are given unfair and inadequate compensation. They are using the old valuation rate and yet we are supposed to be using the current one,” he said.

Mr Bob Barigye one of the activists, said “Some people were given Shs260,000 as compensation in an acre of land, which payment is not clear since it was valued at an old rate. So we are here to express our concerns in a peaceful protest since we wrote letters and reports in vain.”

Mr Stephen Okwai, another PAP, said: “Currently most of us in western Uganda are being disturbed. You cannot know when the rain is going to start and when it will stop yet most of these people are farmers. The effect of this oil project is greatly impacted on the grassroots people.”

One of the protesters being dragged onto the police pickup truck.

What government says

According to their official website, Students against Eacop Uganda is an umbrella body of different student climate activists who are fighting to stop the pipeline construction because of what they call its devastating environmental impact.

These claims were, however, bashed by officials from Eacop Ltd, a firm responsible for the construction of the pipeline.

Mr John B Habumugisha, the deputy managing director of Eacop Ltd, said 99 percent of PAPs have fully been compensated.

“As of August 2024, a total of 9,831 out of 9,904 (99 percent) of PAPs in Tanzania and 3,549 out of 3,660 (97 percent) PAPs in Uganda have signed their compensation agreements. 9,827 out of 9,904 (99 percent) PAPs in Tanzania and 3,500 out of 3660 (96 percent) PAPs in Uganda have been paid. All 517 replacement houses, (177 in Uganda and 340 in Tanzania), have been constructed and handed over,” he said.

He added: “Land is accessed by the project only after compensation has been paid and the notice to vacate is issued and lapsed. Eligible PAPs are entitled to transitional food support and have access to livelihood restoration programmes.”

About pipeline

The 1443km pipeline from Hoima in Uganda to Tanga Port in Tanzania is expected to reach financial close this year, with the nearly $3 billion debt component of the project coming from Chinese lenders Exim Bank and Sinosure. The project is financed on a 60:40 percent debt-equity ratio. As at the end of April this year, the Eacop project progress in Uganda and Tanzania stood at 33 percent.

Source: Monitor

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