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Ugandan Activists Face Criminal Charges Following Pipeline Protest

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More than 30 environmental and human rights defenders, many of them students protesting the East African Crude Oil Pipeline, have been arrested in Kampala and other parts of Uganda since 2021. Photo courtesy of Phototheque AT.

Human rights watchdogs sound alarm on crackdown on environmental advocates in the East African nation.

IN UGANDA, the climate crisis poses a real and present threat to citizens. So too does the act of protesting against climate-polluting projects, due to the state’s brutal crackdown on climate activists.

That threat is being felt by 11 young climate activists, all of the them Kyambogo University students, who have been embroiled in Uganda’s criminal-legal system since late last year. The students were arrested while protesting against the controversial East African Crude Oil Pipeline (EACOP), a 1,443-kilometer pipeline that will transport crude oil produced in Uganda’s Lake Albert oilfields to Tanzania’s port of Tanga for export.

The most recent crackdown came on Dec. 15, when four activists, members of Justice Movement Uganda, were arrested — and, they say, beaten — by security forces during a peaceful march to deliver a petition to the country’s parliament. The petition asked parliament to halt the pipeline project and free seven of their colleagues who were arrested in November and locked up in the country’s Luzira Maximum Security Prison.

“My friends and I, numbering over 50 students, marched from our hostels of residence to parliament, but only a few us managed to reach the gate of the parliament because we were attacked by police from the start,” Bwete Abdul Aziiz, one of the four students arrested on Dec. 15, told Earth Island Journal. The 26-year-old Kampala resident was separated from the main body of protesters along with a few other marchers. Although this separation helped the smaller group reach the grounds of the parliament, it led to their alleged assault and arrest by Ugandan security forces.

“They kicked us all over our body and slapped us repeatedly,” Abdul Aziiz said of the assault. The security forces then drove the activists to the Central Police Station, where they were detained for four days. On Dec. 19, the same day the first group of seven protesters gained their freedom, Abdul Aziiz and three others, Lubega Jacob, Lutabi Nicolas, and Kalyango Shafik, appeared in court on the charge of causing public nuisance, which carries a maximum sentence of one year imprisonment. From there, they were remanded to Luzira, where they spent the holidays. It was not until Jan. 10 that they able to obtain a bail. They appeared in court on March 11, and are due back on April 17 for further hearing.

Since their release on bail, the activists say they have been receiving anonymous calls often accompanied by threats of physical harm unless they stopped campaigning against TotalEnergies. The French energy company, together with the China National Offshore Oil Corporation (CNOOC) and Tanzania State oil companies, is currently building the pipeline.

“Ever since we got bailed out, life has not been the same, due to continuous threats from unknown people, and we have been shifting our places of residence over and over due to fear for our safety,” says Abdul Aziiz. He has since lost his job, which he relied on to support himself, his two siblings, and his mother, and to pay his tuition at Kyambogo University where he is pursuing a bachelor’s degree in Arts and education.

THEIR ORDEAL, analysts say, demonstrates the incredible odds faced by Ugandan climate justice activists trying to stop a massive fossil fuel project in a continent that is on the frontlines of the climate catastrophe. “What has been happening is that the judicial system is harsh for those against the project, like any other advocates who asks question about governance issues in the country,” a Ugandan oil and gas expert, who wishes to stay anonymous due to the sensitivity of the matter, told the Journal.

Under the leadership of President Yoweri Museveni, a staunch backer of EACOP, climate activists in Uganda regularly report being threatened, harassed, and prosecuted. At least 30 environmental and human rights defenders, many of them students, have been arrested in Kampala and other parts of Uganda since 2021, according to a November report by Human Rights Watch, which was published before the November or December arrests.

“The illegal arrests and fake trials of activists who are protesting against EACOP is part of the government and oil companies’ strategy to instill maximum fear among Ugandans so that no one questions the excesses happening in the EACOP plans,” Dickens Kamugisha, CEO of public policy research and advocacy group AFIEGO-Africa Institute for Energy Governance, told the Journal. “In effect, the arrests and trials have no legal basis but just evil objectives to continue shrinking the civic space.”

Once described as a mid-sized carbon bomb by the Climate Accountability Project’s Richard Heede, the EACOP, which will cost an $5 billion to construct, comes with six pumping stations to maintain the oil flow and pressure in the pipeline (two in Uganda and four in Tanzania). It will terminate at Tanzania’s coastal city, Tanga, with a terminal and jetty from which crude oil will be loaded onto tankers. It is expected to be operational by 2025, and if completed, would be responsible for 34 million tons of carbon emissions per year for some 25 years.

Human Rights Watch has warned that the oil pipeline has already “devastated thousands of people’s livelihoods in Uganda” by displacing them from their homes “and will exacerbate the global climate crisis.” The project passes through multiple ecologically sensitive areas in Uganda and Tanzania and requires land acquisitions covering some 6,400 hectares. Consequently, villagers have reported cases of land grabbing, displacement, disruption to families and villages, and unfair and inadequate compensation for losses.

Impacted communities say the Ugandan state has enabled TotalEnergies in violating their rights. Nyakato Magreat, a single mother from Kasinyi village in Buliisa District, which had previously rejected TotalEnergies plan to make use of their lands, provided an example of the government’s role. Speaking at a mock tribunal organized by a coalition of civil societies, Make Big Polluters Pay (MBPP), last May, she recounted how soldiers invaded their village to force them to back down.

“The Hon. Minister for lands came to our community with many soldiers who were carrying guns, and most of us accepted the compensation amount of UGX 3,500,000 ($905) per acre, which we had earlier rejected out of fear. Total then gave me a small one-bedroom house on a small plot of land, despite my large family,” she said.

A December report by international NGO Global Witness also outlines evidence that TotalEnergies has been involved in efforts to intimidate impacted communities to accept offers for their land. The report documents cases where community members say they were forced to sign agreements without a chance to read them, as well as cases where armed security forces accompanied company and government officials making the compensation offers, pressuring them to sign.

TotalEnergies has denied involvement in the arrests of climate activists or pressured disposition of lands. In response to request for comment, the energy company said that it is committed to respecting internationally recognized human rights and standards anywhere it operates. A similar request for comment sent to the Ugandan Police Force went unanswered as at press time.

But activists continue to insist that the company is an accessory to violations committed by the Museveni government. “I think that the actions of Total and others amount to aiding and abetting injustices. By virtue of contract with the government, they have powers and can walk away if the other party/government violate people’s rights,” Kamugisha said via text. “But they are enjoying the outcomes of violence, displacements, and fear created.”

The Ugandan activists are not alone in their experience. Around the world, environmental activists face serious threats of violence as they defend their lands and the climate. What’s more, governments are increasingly criminalizing peaceful protest by climate protesters. That includes through the enactment of new anti-protest laws in places like Australia, the United States, and the United Kingdom, and the enforcement of existing ones in places like Germany, Italy, France, India, and Egypt.

“EACOP IS A TIME BOMB which needs to be stopped as soon as possible due to the environment hazards and social violations it encompasses,” Mpiima Ibrahim, a climate activist and student of Kyambogo University, told the Journal. The 22-year old, who escaped arrest during the march in December, believes that although “many people say it is a pathway to development, EACOP is actually a pathway to extinction, since science has made it very clear that we have approximately one decade to cut down our global emissions before we face severe climate catastrophe.”

Despite contributing only 2 to 3 percent of the world’s greenhouse gas emissions, Africa continues to experience extreme weather events ranging from floods to droughts and to heatwaves, which leave a trail of destruction and fatalities. Last year, Libya’s storm-fueled flood claimed over 11,300 lives in September.

At around the same time, more than 3,000 people lost their lives due to flash floods in the Democratic Republic of the Congo and Rwanda, and at least 860 people were killed in Tropical Cyclone Freddy, which affected Madagascar, Mozambique, Mauritius, Malawi, Réunion, and Zimbabwe, according to reports. Today, over 29 million people continue to face unrelenting drought conditions across Ethiopia, Somalia, Kenya, Djibouti, Mauritania, and Niger.

All of which is why, amidst the brutal crackdowns, Ugandan climate activists are not backing down. “Everyday we make sure that we are doing something to stop this deadly project,” Abdul Aziiz says, “and our goal is to see that climate justice prevails and climate destroyers must be punished.”

Original Source: earthisland.org

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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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