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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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UNCCD COP16: NGOs issue a stark warning and call for urgent actions to deal with the escalating threats of desertification, land degradation, and drought.

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By Witness Radio team.

Riyadh, Saudi Arabia -As the 16th session of the United Nations Convention to Combat Desertification (UNCCD) Conference of the Parties (COP16) kicks off today, civil society organizations (CSOs) from around the globe, including Witness Radio, have issued an urgent call for action from all stakeholders, including world leaders, governments, and the United Nations.

These organizations urge policymakers to prioritize sustainable land management, inclusion, and resilience-building measures. This approach is crucial to safeguard food security and human well-being in the face of intensifying desertification, land degradation, and drought.

The conference, held in Riyadh, Saudi Arabia, began today and runs until December 13, 2024, under the theme Our Land. Our Future. Witness Radio, a leading land and environmental advocacy group, is among the NGOs represented in the ongoing COP 16. These NGOs play a crucial role in shaping the discussions and advocating for policies that address desertification, land degradation, and drought.

The United Nations Convention to Combat Desertification (UNCCD), established in 1994, is the exclusive, globally binding treaty—signed by 197 countries and the European Union—that is at the forefront of the fight against land degradation. The UNCCD is the global voice for land, championing land stewardship to avoid, reduce, and reverse land degradation and ensure the ongoing availability of land-based resources vital to human survival.

Among the 12 demands include Securing and supporting meaningful inclusion of women, youth, local communities, pastoralist communities, and Indigenous Peoples into decision-making for policy development, implementation, monitoring, evaluation and reporting at national, subnational and regional levels; Developing and implementing policies and governance at the national and sub-national levels; Supporting locally led actions and initiatives and knowledge exchange between local communities, pastoral communities, Indigenous Peoples, CSOs, policymakers, politicians, scientists, and researchers by accessible funding mechanisms; and Ensuring the mobilization of public financial resources that keep pace with the escalating adverse effects of desertification, land degradation, drought and sand storms, through measures such as taxation and fiscal incentives, among others.

To access the entire document of the 12 key messages, click here.

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Forced Land Evictions in Uganda: Tenure and food insecurity on the rise…

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The scale of the issue, as revealed in Witness Radio’s recent report, is staggering and demands immediate attention: Over 5,000 hectares are targeted weekly by local and foreign investors, leading to the displacement of hundreds of Indigenous and local communities. This urgent situation threatens their food sovereignty and environmental stewardship, necessitating immediate and decisive action.

The forced land evictions are not just numbers; they are exacerbating inequality and directly undermining the efforts of local farmers to safeguard food systems and the environment.

Disturbing findings from the Daily Monitor: Uganda is grappling with a surge in malnutrition cases, with over 260,000 children suffering from acute malnutrition, as reported by UNICEF and WHO.

When evicted from their land, which is the source of livelihood, survival becomes very difficult, resulting in unwanted deaths, sicknesses, and poverty. These are not just statistics, but the harsh realities the affected communities face. It’s crucial to remember that there’s a human story of struggle and loss behind every statistic, and it’s these stories that should drive our actions.

Witness Radio’s recent report, which covered the first half of 2024, revealed that Ugandans face forced land evictions daily to give way to land-based investments, with 723 hectares of land at risk of being grabbed daily.

Furthermore, over 360,000 Ugandans were displaced, with a daily average of 2,160 people losing their livelihood. Land is targeted for oil and gas extraction, mining, agribusiness, and tree plantations for carbon offsets. While some investments have taken shape on the grabbed land, other pieces of grabbed land are still empty but under the guardship of military and private security firms.

The report pointed out that the leading causes of forced land evictions were the lack of legal documents for land ownership and transparent mechanisms to regulate an influx of “investors.” This lack of legal ownership is not just a symptom but the root cause of the problem, highlighting the urgent need for legal reform to protect the rights of Indigenous and local communities.

Since the Uganda government announced an industrial policy that commoditized its land to fight its unemployment, which will give Uganda a middle-income class status from a low-developed country, there has been an increase in forced land eviction cases. This policy shift, encouraging large-scale industrial projects, has raised questions about the government’s responsibility and accountability in these evictions.

Many investors fraudulently acquire communities’ land and do not conduct feasibility studies to establish whether the targeted land has interests. On many occasions, communities are not consulted about their land, and no compensation is offered.

According to the Lands Ministry’s 2016 annual report, about 23 percent of Uganda’s land is registered. The registration is mostly with freehold (where the land is owned outright), mailo (a form of land tenure in Buganda, a region in Uganda, customary tenure), and lease (where the land is leased for a specific period) tenure systems.

Go-betweens and blockers use this gap with support from some government officials to acquire land titles fraudulently and later evict bonafide land occupants (Indigenous and local communities) to give way for land-based investment.

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Appellate Division of the East African Court of Justice (EACJ) rejects the request to dismiss the EACOP appeal case.

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By Witness Radio team.

The Appellate Division of the East African Court of Justice (EACJ) has rejected a request by the Tanzanian government to dismiss an appeal filed by four East African civil society organizations (CSOs) seeking compliance with the East African Crude Oil Pipeline (EACOP) with regional and international human rights standards.

Tanzania’s Deputy Solicitor General, Mr. Mark Mulwambo, requested the judges dismiss the Appeal, arguing that the record of proceedings from the hearings held at the First Instance Division was missing. The record of proceedings includes the CSOs and respondents’ submissions. He added that, without it, the judges at the Appellate Division could not determine whether the First Instance Court erred in the ruling that they made.

However, the court could not grant his request. Instead, it ordered the four CSOs that filed the Appeal to file supplementary information so that the judges could hear the case.

The Appeal will be heard by a panel of judges from the Appellate Division of the EACJ, including Justice Nestor Kayobera, the division’s president; Justice Anita Mugeni, the Vice President; Justice Kathurima M’Inot; Justice Cheboriona Barishaki; and Justice Omar Othman Makungu. These judges, with their expertise in regional and international law, will review the Appeal and make a final decision.

The Appeal was filed by four CSOs, including the Africa Institute for Energy Governance (AFIEGO) from Uganda, the Centre for Food and Adequate Living Rights (CEFROHT) from Uganda, the Natural Justice (NJ) from Kenya, and the Centre for Strategic Litigation (CSL) from Tanzania, in December 2023. This was in response to the dismissal of their case, which sought compliance with the East African Crude Oil Pipeline (EACOP) with regional and international human rights standards, by judges at the First Instance Division of the EACJ in November 2023.

During the dismissal, the court ruled that the applicants filed the petition out of time, stating that the petitioners should have filed the petition as early as 2017 instead of 2020. The court also ruled that it did not have jurisdiction to hear the case, meaning it did not have the legal authority to decide on this matter. These decisions were based on legal precedents and the specific circumstances of the case.

The CSOs were ordered to file the record of proceedings by Justice Nestor Kayobera by November 29, 2024.

The court session was attended by EACOP-affected communities from both Uganda and Tanzania. Among them was Mr. Gozanga Kyakulubya, an affected person from Kyotera District in Southern Uganda, who traveled to Arusha to participate in the hearing. His personal story underscores the profound impact of the EACOP on the lives of these communities.

He shared his grievance, stating, “I came to the court because I have a lot of pain. My land was taken for the EACOP, and before I was paid, it was fenced off. The government of Uganda also sued me because I rejected the low compensation offered by EACOP. We need at least one court to be fair to EACOP host communities, and we hope the East African Court of Justice will be that court.”

The EACOP has been designed, constructed, financed, and operated through a dedicated Pipeline Company with the same name. The shareholders in EACOP are affiliates of the three upstream joint venture partners: the Uganda National Oil Company (8%), TotalEnergies E&P Uganda (62%), and CNOOC Uganda Ltd (15%), together with the Tanzania Petroleum Development Corporation (15%).

The 1,443km pipeline will eventually transport Uganda’s crude oil from Kabaale—Hoima to the Chongoleani peninsula near Tanga Port in Tanzania.

Climate activists and civil society organizations, however, continue to oppose the project, claiming that it will harm several fragile and protected habitats irreversibly and violate key agreements and treaties.

The potential environmental damage is a cause for concern among these groups.

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