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Uganda: the number of community environmental and land rights defenders targeted for challenging irresponsible business practices has reached more than 1500 victims as of June 31st, 2023.

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A mid-year update report by Witness Radio – Uganda

From the day the Kampala government embarked on a mission to make Uganda a middle-income nation by 2020 and passed a national policy on industrialization in 2018, land became a commercialized product. For years, there’s been a notable influx of ‘investors’ with different interests in mining, oil, and gas, carbon offset tree projects, industrial farming, infrastructure, energy, and others.

The increased use of land as a commodity and the increasing demand for land has resulted in more forced land evictions. In a week, through the land eviction portal, Witness Radio – Uganda, monitors and documents between 3 to 5 cases.

In every forced land eviction case documented, the majority of investors are against people raising concerns about their blatant disregard for land acquisition procedures as prescribed by the law, and respect for land rights, the environment, and the planet, thus subjecting activists and defenders to a range of attacks, such as threats, smear campaigns, arbitrary arrest, and targeting them with Strategic Lawsuits Against Public Participation (SLAPPs).

According to Witness Radio – Uganda data, in 7 out of 10 cases of forced evictions, there are incidents where community activists and community environmental and land rights defenders are targeted with arbitrarily arrested and detention, falsely charged with limitless criminal offenses, and imprisoned.

These charges range from criminal trespass, inciting violence, threatening violence, aggravated robbery, and attempted murder to theft and others just because defenders and activists are speaking against practices that undermine the respect for human rights and projects that do not protect the environment and the planet.

Our data further reveal many incidences of judicial harassment through unfavorable bail conditions, pro-longed trials, and imprisonments that have pushed many defenders and activists to total silence.

In the Bukaleba sub-county where Green Resources established the Bukaleba forest reserve, communities reported that the project which grabbed their land is constantly causing arrests accusing them of trespass, theft, and others.

“I am right now from police to bargain the release of two of my community members. They have not been released because the police demanded some money that we did not have at the time. I feel this is too much because almost every day, police on behalf of the forest company arrest members of my community.” The Bukatube Sub-county Local Council III Chairman William Otube told our researchers in February this year.

Similarly, in the Nyairongo sub-county in Kikube district, a camp of over 100 community members reported that more than 30 community members have been arbitrarily arrested by Uganda People’s Defense Force Soldiers guarding Hoima Sugar Company, and the area police denying them access to their land and arresting whoever is founding cultivating their land. By 9 am, everyone was still in their makeshift houses.

“We cannot tend to our gardens because when you are found there, you are beaten and arrested. And to release you, the police demand huge sums of money which we don’t have, currently, we have some of us that have not been released yet.” One of the victims reported.

In Kiryandongo district, community land rights defender Fred Mwawula is one of those that have ta sted the wrath of multinational companies. He reveals that he has been arbitrarily arrested and imprisoned over 7 seven times, and slapped with different criminal charges by police on behalf of Great Seasons SMC Limited, one of the Multinational companies that have forcefully grabbed community land in Kiryandongo district.

Among the cases documented by Witness Radio include the 28 community land rights defenders in the Mubende district. Grace Nantubiro, Ronald Mugwabya, focus Mugisha, Sekamana Kalori, Mwikirize Keleti, and Sewanyana Kiiza John among others were arrested on 28th August 2017. The 28 were framed, arrested, and jailed because of their stiff resistance against an illegal and forceful eviction of over 3000 inhabitants off their 322.5-hectare piece of land in Mubende Municipality, Mubende district by one Kaweesi George.

Others are Atyaluk David Richard, Akiteng Stella, Sipiriano Baluma, Mwawula Fred, Ndahimana Ramu, Kusiima Samuel, Martin Munyansia and many others have faced multiple charges orchestrated by multinational companies in Kiryandongo district.

Environmental defenders include Sandra Atusinguza, Venex Watebawa, Joshua Mutale, Sam Kayiwa, Vincent Sekitto, Ismail Kashokwa, Joseph Mujuni, Moses Mukiibi, John Kibego. The 9 defenders were challenging the giveaway of Bugoma forest for sugarcane plantation.

In Kapapi and Kiganja sub-counties in Hoima district, 14 community environmental and land rights defenders were arbitrarily arrested, charged with multiple offenses, and imprisoned and other incidents.

Torture and kidnaps:

As the struggle to protect communities’ land, environment, and the planet continues, frontline community defenders in Uganda have tasted the wrath of people and institutions that are supposed to protect them just because of raising concerns about land grabbing. For many years, the portal has documented incidences where government soldiers and police officers raiding defenders’ homes in the wee hours severely beaten, kidnapped, and detained incommunicado and tortured.

Tears streamed and streaked Mr. Mbambali Fred, a community land rights defender and a landlord in Hoima district while narrating his ordeal. With an agonizing look, he revealed that he had repeatedly been arrested and tortured for defending his land.

On one of the arrests, Mbambali narrated that he was brutally arrested at noon, on 26th December 2015 by a group of 30 Katonga police officers and Uganda People’s Defense Forces soldiers allegedly accusing him and others of refusing to leave their land. These were acting on orders of senior officers from the office of the Prime Minister in the Kampala government.

The angry and armed officers with guns and batons came on 3 government cars, and a police patrol, they found him with some village mates at Katoma Center and rounded up the whole group of 36 people.

According to Mbambali, while the rest were being loaded into the police patrol, he was first held separately and severely beaten for almost thirty minutes, he was named as a land grabber who is resisting vacating government land before tightly holding him, forcing him to fit in the already waiting full police patrol.

Profusely bleeding, he revealed that he and others were driven to Katonga police where they recorded statements before later being transferred to Kikuube police station where they were locked up in a filthy, foul-smelling small room.

“All of us the 36, were locked in a cell meant to accommodate a maximum of 10 people, and sadly during the night, our torturers brought a big group of men which was used to beat and torture us.” He revealed, adding that in a blink of an eye, the officers closed the windows that could let air into the cell with old iron sheets, making it difficult for them to breathe.

“Many of us collapsed and remained half dead. Now like me, I needed to have treatment but this was not possible until I was again transferred to another torture chamber. I was tortured and my leg and an arm got broken. My entire body and the head were severely wounded,” the defender added while displaying to us torture marks and borne fractures damaged by agents of the evictors during the scuffles.

Getting off the hook;

Despite the challenging situations and hardships; community defenders and activists have registered some achievements in their efforts to defend their land, and protect the environment and the planet.

In mid of 2023, the eight land rights defenders, Mwawula Fred, Ramu Ndahimana, Samuel Kusiima, Martin Munyansia, Martin Haweka, Amos Wafula, Eliot Talemwa, and George Rwakabisha of Kiryandongo district were set free by Kiryandongo Magistrate court. This was after their case was dismissed for want of prosecution. They were facing a charge of threatening violence after being arrested on orders on Great Seasons SMC Limited, a Kiryandongo-based multinational company growing maize and soya beans.

Other cases include Otyaluk David Richard’s case, which was dismissed in August 2022 for want of prosecution among others. These successes have been possible due to the tireless efforts of Witness Radio’s legal team that have provided criminal defense without discrimination.

“We are concerned about the high level of impunity and failure of the criminal justice systems in Uganda to detect and accept to criminalize land matters which are supposed to be of a civil nature. This method will not deal with or solve the question of land injustices instead the situation with worsen, and people will continue to lose trust in state systems which is likely to breed insecurity or lawlessness.” Jeff Wokulira Ssebaggala, the team leader at Witness Radio – Uganda.

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Witness Radio petitions chief prosecutor: Want 34 community land rights defenders and activists released from prison.

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By Witness Radio team.

In the Hoima District, Western Uganda, an urgent and immediate action is crucial to halt an ongoing land grab. The work of community land rights defenders, activists, and local leaders has unfortunately been criminalized, with thirty-four (34) people from Rwobunyonyi, Kirindasojo, and Kihohoro villages falsely accused and sent to different prisons in the Hoima district.

Criminal files No. CRB 330-2022 has Busobozi Patrick, Kaija Phillip Osborn, Mbabazi Isaya, Wembabazi Denis, Tumusiime David, and Abitegeka David charged with aggravated robbery, while the CRB 84-2023 file has Magezi Lawrence, Kaahwa Nelson Komugisa Junior, Mugenyi Vincent, and others on murder charges. The files have been established to gang the work of community defenders and activists.

According to sections 189 and 286 (2) of the Penal Code Act cap 120, both offenses carry the death penalty upon conviction.

As observed above, community land rights defenders, activists, and local leaders have been targeted since 2022. The number of targeted defenders keeps on growing. Sadly, those who have been remanded to prison are still waiting for their cases to be tried, which is tantamount to judicial harassment and persecution.

Witness Radio findings indicate that one Fred Kato Mugumba allegedly orchestrated the land grab. He is backed by officials from Hoima police, Hoima district Office of Director of Public Prosecution (ODPP), and judicial staff. Mugambe and his accomplices aim to evict over 500 small-scale farming families from their ancestral land.

If the land grab is successful, the community will suffer a devastating loss of 800 hectares of land used for food cultivation. This loss will lead to children dropping out of school, families breaking apart due to lack of resources, and a significant increase in food insecurity, hunger, poverty, and illiteracy levels in Uganda.

The affected communities have a deep-rooted connection to the land, having lived on it for over 50 years without disruption. The ongoing persecution by Mugamba and his agents is, therefore, particularly shocking and unjust.

The same land almost ended the life of Junior Lands Minister Sam Mayanja, who was targeted with gunshots when he visited the contested land on August 24, 2023, to protect land grab victims. The current situation highlights the urgent need for intervention from a powerful office.

Witness Radio has, among other interventions, petitioned the Director of Public Prosecutions (ODPP) and urged the Chief Prosecutor’s office to call the file from Hoima High Court.

The office of the DPP is a constitutional body mandated to direct police to investigate any information of a criminal nature, institute criminal proceedings against any person or authority in any court other than a court-martial, take over and continue any criminal proceedings instituted by any person or authority, and discontinue at any stage before judgment any criminal proceedings.

Uganda is experiencing an influx of land-based investments, which have fueled land-grabbing tendencies and criminalization of community land rights and environmental defenders and activists’ work.

In the petition, Witness Radio alleges that Fred Kato Mugamba fabricated these charges in collusion with John Angwadya, a former local council member and chairperson of one of the targeted villages, Rwabunyonyi, as part of a strategy to facilitate the unlawful eviction of the community from their land.

“It is deeply concerning that the accused remain in protracted detention despite the constitutional guarantee of a fair and speedy trial and right to liberty. This is a clear violation of defenders’ fundamental rights and raises serious concerns about the criminal justice system’s integrity in this matter. The prolonged delay in their trial and the apparent ulterior motive behind the charges necessitate immediate intervention to prevent the miscarriage of justice,” the petition reads in part.

Despite multiple attempts by the community to engage various stakeholders, including Hoima’s district leadership, the Hoima District Police, the State House Land Protection Unit, and the State Minister for Lands, Dr. Sam Mayanja, their efforts have been futile. Instead of finding justice, those who resist are met with criminal charges and continued evictions, leaving many families landless and helpless.

“The efforts of our clients and community individuals engaging the different offices are viewed as a threat to the evictors, hence fabricating different charges against the accused persons to pave the way for the land grabbers to occupy the land in the absence of the accused persons. It is evident that the pending charges of murder and aggravated robbery are being made as a tool to harass and deprive our clients and family members,” the petition further reads.

In the petition to the Director of Public Prosecutions (DPP), Witness Radio has called for an urgent review of the circumstances surrounding the arrests and prosecutions of the accused. Witness Radio is requesting the issuance of a Nolle Prosequi to quash the charges and the immediate release of the prisoners.

The organization also demands that the case be expedited to prevent further unwarranted deprivation of liberty and calls for an independent investigation into any potential abuses within the criminal justice system.

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The joint final review of the National Land Policy 2013, a significant and collaborative effort between the government and Civil society organizations, is underway.

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By Witness Radio team.

Under the leadership of the Ministry of Lands, Housing, and Urban Development (MLHUD), and in partnership with Civil Society Organizations (CSOs) led by Participatory Ecological Land Use Management (PELUM), a crucial final review of the National Land Policy (NLP) 2013 is taking place in Kampala.

The Consultative event is a unique and empowering opportunity for all land actors to actively contribute to shaping Uganda’s land governance framework. It seeks to engage CSOs in shaping reforms in the much-awaited National Land Policy, addressing pressing land-related concerns such as land grabbing, promoting equity in land access, and enhancing strategies for sustainable land management.

The land ministry is expected to present a revised 2024 draft of the basis for discussion and obtaining valuable input from land actors and PELUM Uganda members to boost the policy framework.

Uganda first adopted the National Land Policy in 2013 to ensure the efficient, equitable, and optimal utilization of land and land-based resources for national development. Grounded in principles drawn from the 1995 Constitution and other macro-policy frameworks such as Uganda Vision 2040 and the National Development Plan (NDP), the NLP has served as a comprehensive guideline for Uganda’s land ownership and management.

With a decade of implementation behind it, the Ministry of Lands, Housing, and Urban Development is now reviewing the policy to integrate emerging trends and challenges. This review is crucial as it will ensure the policy’s relevance in the evolving land governance landscape, directly impacting your daily lives. The consultation process underscores the government’s unwavering commitment to inclusive decision-making by involving civil society and key stakeholders in policy formulation, ensuring everyone’s voice is heard and valued.

The event will be broadcast live on Witness Radio. To listen live, download the Witness Radio App from the Play Store or visit our website, www.witnessradio.org.

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Businesses, banks and activists resist EC plans to strip back human rights legislation

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Today the European Commission introduced their ‘Omnibus simplification package’ to amend key laws of the EU Green Deal, including CSDDD, CSRD and Taxonomy. The package proposes significant changes, including the removal of civil liability provisions in the CSDDD and removing 80% of companies from scope in the CSRD.

The earlier announcement from the European Commission as well as the leaked draft to reform recently-agreed EU laws such as the CSDDD has already come under attack from businesses, expertsinvestors and activists alike.

The UN Global Compact and companies including Unilever, Vattenfall and Nestlé have also expressed their concern. Nestlé Europe’s Bart Vandewaetere said that it had “been reporting on [environmental impact and human rights issues in the supply chain] ourselves for years. European regulations mean that more companies have to start doing that. That creates a level playing field and we welcome that.”

Former president of Ireland Mary Robinson added: “Von der Leyen’s new Commission’s attempt to eviscerate these sustainability laws must not be agreed by the European Parliament and by the member states.”

The European Banking Federation warned that weakening the CSRD could create challenges for banks, echoing concerns from more than 160 investors who cautioned that the Omnibus package could harm investment and increase legal uncertainty.

CSOs such as the European Coalition for Corporate Justice (ECCJ)WWF and the Clean Clothes Campaign have also sharply criticised the proposal. The ECCJ writes the proposal is “not simplification, but full-scale deregulation designed to dismantle corporate accountability”.

Workers’ organisations and trade unions from garment-producing countries across Asia, Europe and Latin America also opposed the ‘Omnibus’ this week, highlighting the risk the proposal will “exclude most supply chain workers” including 49 million home workers.

Source: Business & Human Rights Resource Centre

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