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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

Mityana district police rounded up and arbitrarily arrested over 50 Kikuube PAPs to block them from meeting Uganda’s Prime Minister.

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By Witness Radio team

Two (2) community land rights defenders and 68 projects-affected persons from Kikuube district including children have been rounded up and arrested by Mityana district Police, Witness Radio has learned.

The community group led by Fred Mbambali and Ahumuza Busingye, were arrested from City Healing Church in Mityana Municipality, Mityana district. They were arrested on the orders of Mityana District Police Commander, Mr. Hasunira Ahmed, without being informed of the reasons for the arrest.

To seek justice and reclaim their grabbed land, the community decided to journey from the Kikuube district on Saturday, 2nd March 2024. Their objective was to petition Uganda’s Prime Minister, Rt. Hon. Robinah Nabanja, to intervene in grievances concerning forced evictions from their land and their unsuccessful attempts to regain ownership of their land that was grabbed by the officials of the Prime minister’s office for Kyangwali resettlement camp.

“On Friday, we departed from Kikuube district to Kakumiro intending to meet the Prime Minister. We aimed to convey the challenges we are facing following the unlawful seizure of our land. We sought her intervention to help us regain ownership, especially since many offices that were approached have not helped end our misery. Unfortunately, upon our arrival, we discovered she was in preparations to leave her residence. Instead, she instructed her private security team to escort us to her party’s offices (National Resistance Movement, NRM) in the Kakumiro district, assuring us that she would meet with us there. But she did not come back.” Mr. Mbambali Fred, one of the group leaders told Witness Radio.

Little did the affected community members know that their stay at the offices would be short-lived. Initially, they were welcomed by the security officers at the party offices, but their situation took a turn when the District security committee of Kakumiro led by the Resident District Commissioner (RDC), Mr. Matovu David and the District Police Commander (DPC) in the area Mr. Niyonzima Morris visited and questioned them about the reasons for their visit.

Subsequently, PAPs explained that they had been directed to wait at the offices by the Prime Minister. Despite their explanation, the Committee was skeptical and held an emergency meeting to resolve that Kikuube PAPs should leave the premises. The committee stated that the issue raised was not within the mandate of the Kakumiro district and thereafter, were asked to relocate to a different location, not within Kakumiro.

The stern Kakumiro district leaders directed the group to depart and proceed to the Office of the Prime Minister in Kampala for their meeting with her.

Shortly after being chased, they proceeded to Kampala via Mityana road, but PAPs sought to rest at one of the churches in the Mityana district. As soon as they occupied the church, Mityana district raided the premises, arrested all of them, and took them to Mityana Central Police Station, claiming that PAPs were posing a threat to the community.

“We were rounded up and arrested without being given any opportunity to explain ourselves. They didn’t even inform us of the reason for our arrest. We were kept at the police for nearly 12 hours without food. Both children and elders were starving, and the children even reached the point of crying because we were not allowed to move. It’s a double punishment to us because we haven’t committed any offense,” Ahumuza Busingye, another defender, told Witness Radio.

They were cautioned and later released without charges.

The Mityana District Police Commander, Mr. Hasunira Ahmed confirmed the arrest, stating that people neighboring the church had lodged complaints with the police about unknown individuals with a large amount of luggage occupying their premises. This led the police to arrest them.

“We received complaints about these individuals occupying a particular church, which posed a potential threat because they hadn’t obtained permission to stay there and didn’t possess a letter authorizing their movement to their destination. That’s why we intervened with an arrest, as many of them looked like rebels,” stated the Mityana District Police Commander.

PAPs arrested are part of the larger group of over 90,000 people evicted between 2013 and 2019 in 29 villagers by the office of the Prime minister (OPM) to give their land to the refugees in Katikala and Bukinda in Kyangwali district.

The community was evicted by officials led by Charles Bafaki from the Office of the Prime Minister, accompanied by the police and Uganda People Defence Forces (UPDF), from their land measuring 36 square kilometers located in various villages, including Bukinda A and B, Bukinda 2, Kavule, Bwizibwera A and B, Kyeya A and B, Nyaruhanga, Kabirizi, Nyamigisa A and B, and Katoma, all in Kyangwali sub-county for the Kyangwali refugee resettlement camp.

Despite receiving various directives, including two from the President, instructing the Office of the Prime Minister (OPM) officials to facilitate the return of the residents to their land, they have chosen to turn a deaf ear and disregard the implementation of these directives.

In 2016 and 2018, President Yoweri Kaguta Museveni issued directives to resettle PAPs back to their ancestral land, but unfortunately, these directives remained unimplemented.

In 2021, Prime Minister Robinah Nabbanja visited the victims and promised action, which, as of the time of writing this article, it’s yet to be realized.

On March 1, 2022, Minister of Relief, Disaster Preparedness, and Refugees, Mr. Hilary Onek, accused the victims of encroaching on government land. He also criticized local leaders and officials for potential involvement in stage-managed evictions.

In 2022, approximately 1,000 of the evictees camped at the office of the Kikuube Resident District Commissioner, Amlan Tumusiime, demanding his intervention to help them return to their land. Unfortunately, this intervention did not materialize. Some of the evictees sought shelter in temporary shelters provided by Florence Natumanya, the Kikuube Woman MP, and Francis Kazini, the Buhaguzi Member of Parliament, while others continued to search for livelihoods in other parts of the country.

“People are suffering immensely, and we are witnessing deaths without having a proper place to bury our loved ones. No one is coming to our rescue, and it’s heartbreaking to see our children deprived of education, as they are the future of tomorrow,” expressed the community members in an interview with Witness Radio.

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: A community land rights defender in the Kiryandongo district is charged with assault and released on a cash bail.

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By Witness Radio team.

Magistrate Court sitting in Kiryandongo district has released a community land rights defender on a cash bail. He was arbitrarily arrested, and detained Thursday, February 29th, 2024, for attempting to open a criminal case against Great Seasons SMC Limited workers for erasing his 3 acres of land with ready-to-harvest cash crops.

Mwawula Fred’s release came after spending five (5) days in detention. Mr. Mwawula is a community land rights defender based in Kisalanda village, Mutunda parish, Kiryandongo district help to mobilize communities to resist forced land grabbing by multinational companies in Kiryandongo district.

The prosecution alleges that Mwawula assaulted workers of the Great Seasons SMC Company Limited who were in his garden.

The Penal Code Act, Cap 120, states that any person who commits an assault occasioning actual bodily harm commits a misdemeanor and is liable to imprisonment for five years on conviction.

On February 22nd, 2024, Witness Radio ran an article about four Great Seasons SMC Limited Company workers with a numberless tractor who had invaded and erased Mwawula’s garden with crops ready for harvest such as maize, green pepper, and tomatoes in Kisalanda village.

When he (Mwawula) went to Kiryandongo Central Police Station to open up criminal cases against the company, he was instead arbitrarily arrested, detained by local police, and preferred an assault charge before appearing before the court.

While granting the defender bail, Her Worship Amweno Hellen released Mr. Mwawula on a cash bail of 700,000 Ugx (Equivalent to 178.47 USD) while the sureties conditioned a non-cash bail.

The defender will report back to Court on the 13th/March/ 2024.

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: A community land rights defender in Kiryandongo, who was arrested for attempting to open a case against company workers at Kiryandongo Central police for erasing his garden, is facing assault charges.

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By Witness Radio team.

Kiryandongo Central police have preferred an assault charge against a community land rights defender who was arbitrarily arrested and detained Thursday, February 29th, 2024, for attempting to open a criminal charge against workers of Great Seasons SMC Limited.

On February 22nd, 2024, four Great Seasons SMC Limited Company workers with a tractor invaded and erased Mr. Mwawula Fred’s garden with crops ready for harvest such as maize, green pepper, and tomatoes. The workers used a numberless company tractor to destroy the defender’s 3 acres of crops.

According to the police charge sheet, Mwawula allegedly assaulted workers of the Great Seasons SMC Company Limited who were in his garden.

Defender’s lawyers said Mwawula bravely tried to intervene to stop the destruction of his crops by company workers, but they (workers) callously persisted with their destructive actions, disregarding the defender’s pleas.

The lawyers also stated that company workers made off with sacks full of maize belonging to their client.

The Penal Code Act, Cap 120, states that any person who commits an assault occasioning actual bodily harm commits a misdemeanor and is liable to imprisonment for five years on conviction.

Mwawula, on several occasions, has been in and out of prison on several charges over eight times for mobilizing local communities to resist land grabbing and forceful evictions by multinational companies in the Kiryandongo district. However, the court has dismissed all of them for want of prosecution.

Frequently, the gardens belonging to smallholder farmers, activists, and defenders have been targeted and vandalized by Great Seasons SMC Company Limited, demanding that the local community should vacate what the company asserts as its land. In a distressing incident last December 2023, many defenders’ gardens were set ablaze by workers of the company, resulting in a prolonged famine within projected affected families.

The defender is yet to be produced in court to answer to assault charges.

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