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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: A missing community environmental defender was found dumped by the roadside.

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By Witness Radio team.

An environmental human rights defender abducted five days ago while in Kampala has been found abandoned on a roadside in Kyenjonjo district, Witness Radio has confirmed.

Speaking to Witness Radio, a member at the Environmental Governance Institute (EGI) revealed that Stephen Kwikiriza was discovered at around 8:30 pm yesterday, abandoned on the roadside in Kyenjojo District. He added that the defender was severely beaten and is currently receiving medical attention at one of the hospitals in the country.

“We learned from his wife, whom he called, that he had been dumped in Kyenjojo. She informed one of our colleagues. We, therefore, had to find a means of rescuing him. He, however, was badly beaten and is not in good health,” he added.

Stephen Kwikiriza, a member of the King Fisher Project Affected Community, also working with the EGI, was abducted in Kampala by plain-clothed men, believed to be from Uganda Peoples Defense forces (UPDF) on 4th of June 2024 Tuesday morning.

According to sources, upon his (Stephen) abduction, he managed to send a text message to one of his colleagues at the Environmental Governance Institute (EGI), a local organization supporting project-affected persons, which reported a missing person.

The Kingfisher project is an oil project in western Uganda on the shores of Lake Albert, developed by the Chinese company China National Offshore Oil Company (CNOOC), of which TotalEnergiesis the main shareholder. The project will extract oil and be transported by the East African Crude Oil Pipeline (EACOP).

According to a statement from the Stop EACOP Coalition members, Stephen had been receiving various threats from UPDF officers deployed in the Kingfisher area. The coalition members believe these threats are retaliation for being outspoken against human rights abuses and the threats to his community’s livelihood posed by the Kingfisher oil project.

His abduction comes barely a few weeks after the forceful arrests of the seven environment activists namely Barigye Bob, Katiiti Noah, Mwesigwa Newton, Byaruhanga Julius, Ndyamwesigwa Desire, Bintukwanga Raymond, and Jealousy Mugisha.

On May 27th, 2024, the seven were arbitrarily rounded up by armed police in Kampala outside the Chinese Embassy in Kampala, Uganda while delivering a protest letter to the Chinese Ambassador to Uganda calling for his government not to fund a disastrous project.

On June 8, 2024, over 115 international civil society organizations wrote a statement in response to Kwikiriza’s abduction calling upon the Ugandan authorities to ensure the immediate and unconditional release of Stephen Kwikiriza.

In the statement signed by Both Ends, Bank Track, and SOMO among others, they called on Ugandan authorities to cease all forms of harassment of civil society organizations and community members living in and speaking out on the EACOP Kingfisher project and all other related oil projects, including the Tilenga project, and guarantee in all circumstances that they can carry out their legitimate human

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Seven Environmental activists against EACOP have been charged and released on police bond.

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By Witness Radio team.

Jinja Road police have preferred a charge of unlawful assembly against the seven environmental activists brutally arrested on May 27th, 2024, by armed police in Kampala for protesting against the intended financing of the East African crude oil pipeline project (EACOP) by the Chinese gov’t.

Section 66 of the Penal Code Act Cap. 120, states that any person who takes part in an unlawful assembly commits a misdemeanor and is liable to imprisonment for one year upon conviction.

The seven include Barigye Bob, Katiiti Noah, Mwesigwa Newton, Byaruhanga Julius, Ndyamwesigwa Desire, Bintukwanga Raymond, and Jealousy Mugisha. The group got arrested outside the Chinese Embassy in Kampala, Uganda in an attempt to deliver a protest letter to the Chinese Ambassador to Uganda calling for his government not to fund a disastrous project.

On May 27th, seven protesters chose to sit outside the embassy, vowing not to leave until embassy officials received their protest letter, which contained grievances and demands. However, this did not happen. Instead, the police swung into action, brutally rounding up the protesters before throwing them into a police patrol and taken to Jinja Road police. The arrest occurred before any embassy officials had engaged with the protesters.

According to activists, the EACOP project has caused severe human rights violations, poses significant environmental risks, and will contribute to the climate crisis.

The EACOP is a project spanning 1,443km from Kabaale, Hoima district in Uganda to the Chongoleani Peninsula near Tanga Port in Tanzania. It aims to transport oil from Uganda’s Lake Albert oilfields to global markets via the port of Tanga.

According to Uganda’s State House website, President Yoweri Kaguta Museveni on Thursday, April 4th, 2024, received a letter from the President of the People’s Republic of China, His Excellency Xi Jinping, expressing his unwavering support for the East African Crude Oil Pipeline Project (EACOP).

“Your Excellency, I received your letter, and I am very happy to let you know that I am in full support of EACOP. I believe that it will enhance socio-economic development for the region. I am confident that with the strong cooperation between our nations, this project will be a success,” message President Museveni on his X platform read in part.

On Saturday last week, Civil Society Organizations advocating for energy just transition, climate and environmental conservatism, and land justice addressed the media and appealed to the Chinese President to drop his interest in funding the EACOP pipeline after several banks and insurance companies had abandoned the Total-led project.

The government of China has now joined the list of entities, including Total Energies, in funding the controversial and potentially disastrous project that has continued to criminalize those who speak about its negative impacts.

The seven activists will report back to Jinja Road police station on June 4th, 2024.

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: Over 600 attacks against defenders have been recorded in the year 2023 globally- BHRRC report.

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By Witness Radio-Uganda.

The attacks and criminalization of land rights defenders, environmental activists, and climate activists have become common tactics employed by the authorities in the world to silence, suppress opposition, and perpetuate impunity against those that protect the climate, environment, and land rights.

The escalating scale of attacks against people defending our rights and climate from business-related harms, according to the report by Business and Human Rights Resource Centre in 2023 titled People power under pressure: Human rights defenders & business in 2023 shows the failure of governments to protect human rights and illustrates how voluntary action by companies and investors is insufficient to prevent, stop and remedy harm.

The report documented 630 instances of attacks directly affecting an estimated 20,000 people, raising concerns about business-related harms in the whole World where over three-quarters (78%) of these attacks were against people acting to protect the climate, environmental, and land rights.

According to the report, many attacks involved collusion between state, private sector, and other non-state actors occurring in contexts where there are high levels of impunity, adding that the direct perpetrators of attacks were largely state actors, with police and judicial systems being the most common perpetrators, followed by the military/armed forces. The highest number of attacks were connected with the mining (165), agribusiness (117), and oil, gas & coal (112) sectors.

According to the Resource Centre, Brazil leads the tally in the World with the highest number of attacks on HRDs challenging corporate harm in 2023 with (68) cases followed by, India (59), Mexico (55), Honduras (44), the Philippines (36), USA (27), Iran (24), and Colombia (22), among others.

In 2023, 86% of the cases we tracked were non-lethal including arbitrary detention (157), physical violence (81), intimidation and threats (80), strategic lawsuits against public participation (38), and others. The Resource Centre also recorded 87 killings of defenders speaking out about business-related harms in 2023. Additionally, the Centre has revealed most attacks – both lethal and non-lethal against HRDs go uninvestigated and unpunished, promoting a culture of impunity and fueling further attacks.

In Africa, Uganda has recorded the highest number of cases, with 18 incidents reported. The East Africa Crude Oil pipeline stands out as a focal point for most of these attacks, with individuals opposing this major infrastructure project being targeted by the state.

The report revealed one of the incidents where the Police officers refused to let the students enter parliament. Most were chased away, but four students, including Kajubi Maktom, were caught by police and allegedly kicked, punched, and beaten with wood, and brutally arrested. They spent the weekend in Luzira prison, where Maktom contracted tuberculosis, before being charged with public nuisance and released on bail. Since then Maktom has continued to receive threats from unknown persons.

Several reports including those of Human Rights Watch, Frontline Defenders, and Witness Radio among others have published reports describing patterns of arbitrary arrests, threats, office raids, and intimidation against individuals who have raised concerns about EACOP and other oil developments in Uganda.

The 630 instances of attacks against people raising concerns about business-related harms recorded in 2023 only are part of a consistent, ongoing pattern of attacks against HRDs protecting our rights and planet globally, with more than 5,300 attacks recorded since January 2015 by the Resource Centre.

The report calls upon States to fulfill their duty to protect the rights of HRDs and for business actors to respect the rights of HRDs by taking immediate action on these recommendations.

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