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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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Public development banks are a disaster to the Global Development Agendas – activists and CSOs.

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By Witness Radio team.

September is traditionally a busy time in Uganda’s farming calendar. Farmers are busy weeding their plantations, and cattle keepers rejoice as their grasslands thrive, providing abundant feed for their livestock.

A photo of a burnt grass-thatched house belonging to a community defender in Kiryandongo District.

However, this is different for the community land rights defender Kaliisa Joseph. Instead of enjoying the fruits of his labor, he is now in distress. On September 5th, 2024, Kaliisa’s home was set ablaze, and household items worth more than 1.5 million Ugandan shillings were destroyed. His kraal, which housed over 60 cattle, was also demolished by workers from Agilis Partners, a U.S.-based multinational grain development company in Kiryandongo District.

Joseph Kaliisa, a community land rights in the Kiryandongo district, has been actively engaged in mobilizing his community of more than 3000 residents to push back Agilis Company’s illegal land eviction in the Kiryandondongo district. His home has been repeatedly raided, his crops destroyed, and his animals impounded by the multinational company, which accuses Kaliisa and the people he defends of occupying the land illegally. However, information from Witness Radio indicates that the communities have legal rights to the land.

According to eyewitnesses, these events occurred on Thursday, September 5th, 2024, while Kalisa and his family were away grazing their cattle. Kalisa, who should have been reaping the benefits of his land, now finds himself unable to cultivate or graze freely.

“I can’t use my land as I used to,” Kalisa said. “Whenever I take my cows for grazing, they are seized by the company, and I have to pay 50,000 Ugandan shillings for each cow seized to get it back. Last week, they came and destroyed everything.”

Agilis Partners Limited is receiving multiple financing from different public development banks (PDBs). It has used these funds to displace local communities.

However, whenever the company receives these funds, there is usually a sharp increase in violent land evictions and cattle seizures in Kiryandongo, alongside widespread human rights violations/abuses.

Agilis Partners, owned by U.S. twin brothers Phillip and Benjamin Prinz, has continued to benefit from other funding sources, including the Dutch Oak Tree Foundation, DOB Equity, the United Nations Common Fund for Commodities, the U.K.’s DFID-funded Food Trade Programme, and Vested World.

Kalisa is just one of the millions affected by these public development banks’ (PDBs) funding for companies like Agilis. These communities face illegal evictions, escalating violence, and environmental degradation, all supported by PDBs.

A recent report titled Demystifying Development Finance by 100 Global South activists and civil society experts reveals how PDBs fuel human rights violations, environmental destruction, inequality, and debt in the name of development.

The 52-page report highlights how PDBs, including the World Bank, the Asian Development Bank (ADB), and the Inter-American Development Bank, are driving projects that harm people and the planet and are said to be holding a massive amount of countries’ debt based on a series of eye-opening case studies, data, and critical trend analyses.

According to the report, the available official statistics show that the most significant percentage of PDB financing currently goes to financial services, public administration, trade, energy, transportation, and infrastructure. A significantly lower but significant percentage goes to investment in social sectors such as health, education, housing, water and sanitation, and agriculture.

While some PDBs offer grant-based assistance, most financing comes through loans, often at high interest rates. Like Chinese PDBs, these loans sometimes come with shorter repayment periods. Even institutions like the World Bank’s International Development Association (IDA), which offers concessional loans to the lowest-income countries, are criticized for contributing to debt crises in the Global South.

In 2023, during the Finance in Common Summit (FICS), over 35 civil society activists from more than 20 countries came together to challenge the claims of the world’s largest development banks. These banks present themselves as champions in the fight against climate change and poverty, but activists argue that their projects often exacerbate the problems they claim to solve.

“Development banks are advocating for a bigger role in the global economy,” said Ivahanna Larrosa, Regional Coordinator for Latin America at the Coalition for Human Rights in Development. “But are they truly fit for this purpose? Unfortunately, the stories of communities worldwide show us that development banks are failing to address the root causes of the problems they claim to solve. We need to hold them accountable for this.”

The IFC’s involvement in projects like the Sal de Vida lithium mine in Argentina further demonstrates the problem. In the name of renewable energy, the project is displacing Indigenous communities and destroying fragile ecosystems. At the same time, local authorities, including the police and officials, align with the company to silence dissent by threatening and criminalizing local community leaders and the families living near the construction site.

The negative impacts of PDBs extend across the globe. In Kenya, PDBs have pushed for increased health sector privatization, leading to a divide between those who can afford care and those who cannot. Out-of-pocket healthcare spending in Kenya rose by 53% per capita between 2013 and 2018, deepening inequalities and hampering the country’s progress toward universal health coverage.

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EACOP: Uganda sues to evict landowners standing in way of regional pipeline

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Works at the Tilenga Development Project operated by TotalEnergies. Some landowners object to what they consider forced evictions with inadequate compensation. PHOTO | IPS

Uganda’s government is in a legal tussle with 112 landowners who are set to be displaced by the East African Crude Oil Pipeline (Eacop) as low-value payment, absentee landlords and a complex landownership system in some parts of the country delay compensation, causing a headache to the project developers.

Because of this, a Ugandan court will on September 16, 2024, hear a case in which the government has sued 80 people, seeking to evict them from their land in three districts within the Greater Masaka region on the route of the Eacop, whose developers are racing against time to meet the timelines set for the country’s first oil exports next year.

This week, two similar cases were also heard featuring landowners in Hoima and Kyankwanzi districts, which are part of the 296km Eacop stretch in Uganda, where at least 32 absentee landowners and others who rejected low-value compensation pose significant delays.

Energy Minister Ruth Nankabirwa, while addressing the media in Kampala last month, acknowledged the 112 cases “under consideration for compulsory land acquisition due to issues such as untraceable individuals, landowner disputes, refusal of compensation offers, and lack of legal title.”

Eacop officials told The EastAfrican that the project is entering a critical stage to start laying the pipeline, with early civil works almost complete.

Works on the 12 main camp persons yards (MCPYs) and six pump stations are ongoing, while the coating plant in Tanzania was commissioned in March, and 700km of line pipe has already delivered in Tanzania.

“Early civil works are ongoing in both Uganda and Tanzania,” Ms Nankabirwa said.

“In Uganda, work has been completed at three of the five MCPYs located in Hoima, Kakumiro, and Sembabule districts, while work continues at the MCPYs in Mubende and Kyotera districts.”

Stella Amony, communication lead at Eacop Ltd, the special purpose vehicle that is managing operations of the $5 billion project, said the first consignment of coated pipe “is to arrive in Uganda this month.”

But the pace of clearing the 1,443km Eacop route has been slower and dispute-ridden on the Uganda side, which is the shorter strict of the corridor, with only 96 percent of project-affected persons (PAPs) in the country having received compensation, compared with 99 percent in Tanzania.

The pipeline corridor spans 2,740 acres across 296km in Uganda, with 3,660 PAPs, while in Tanzania, it covers 10,081 acres across a distance of 1,147km, with 9904 persons eligible for compensation.

As the hearing of these lawsuits seeking to evict the landowners kicks off, some of the affected people who were sued for lacking a legal standing or a representative to process their families’ compensation have blamed their woes on NewPlan, the firm that was hired to implement the Eacop resettlement action plan.

The line pipes, which will be used for the East African Crude Oil Pipeline (EACOP), are offloaded from a ship in Dar es Salaam, Tanzania. Photo | Courtesy 

Sarah Namatovu, for instance, says her family was sued for lacking a legal representative or letters of administration to the estate after the rightful landowner died, and this required processing of a death certificate, which the resettlement action plan contractor promised to pursue.

“NewPlan came to our home in 2018 and informed us that the death certificate we have was not fit for purpose. This is because the certificate was not issued by the National Identification and Registration Authority,” she explained.

 “NewPlan promised to support us to acquire the right death certificate so that we could process letters of administration and get compensation, but they never did. The next thing we heard is that we had been sued because we rejected compensation, yet we did not.”

Activists say the majority of the landowners are women, the elderly, and persons with disabilities, who could become homeless if the courts grant the government’s prayers to evict the PAPs, with the government to blame for their failure to receive compensation arising from a complex land tenure system in parts of Uganda.

For instance, Peter Arinaitwe, a lawyer who represents some of the affected people in court, explained that government years ago directed the Administrator-General to stop issuing certificates of no objection and letters of administration for estates under Buganda Kingdom.

“The affected estates are those under the Succession Register in Buganda Kingdom. Matters relating to those estates are supposed to be administered by the kingdom,” he said, adding that because of that directive, it has been difficult for some people in Buganda to obtain certificates of no objection from the office of the Administrator-General to process letters of administration.

According to minister Nankabirwa, the government proposes to deposit the landowners’ compensation in court, pending the processing of legal documents that would facilitate access to their money.

Ministry of Finance officials tour an oil well in Buliisa District. Some oil wells at both Kingfisher and Tilenga have been drilled and more will be drilled ahead of 2025. PHOTO/file    

It is understood that most of the people affected by the Eacop lawsuits fall under this category, and their lawyer argues that even if their compensation is deposited with the court, the families will not access it without letters of administration.

“If affected people cannot access their compensation, yet the Uganda Constitution of 1995 says that government cannot take possession of citizens’ property before compensation, then the government will legally and morally have no right to use the land taken from the families without compensation,” said Dickens Kamugisha, CEO of the Africa Institute for Energy Governance.

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Govt sues 41 people for shunning sh711m EACOP compensation

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The East Africa Crude Oil Pipeline Affected Persons (PAPs) from Lwengo, Kyotera and Rakai districts at Masaka High Court where they were summoned over a compesation case.  The case is set for hearing on September 16 before Masaka resident judge, Justice Lawrence Tweyanze. (Credit: Dismus Buregyeya)

Prior. the Government also wants court to ensure vacant possession of 41 people on the said EACOP land and demanded demolition and eviction orders against them, among others.

MASAKA – A total of 41 people affected by the East Africa Crude Oil Pipeline Program (EACOP) from Lwengo, Kyotera and Rakai districts have been dragged to court for allegedly shunning sh711m compensation allocation for them to pave way for the project implementation.

Earlier Wednesday (September 11), Masaka High Court was jammed with 41 Project Affected Persons (PAPs) accompanied by their families, relatives friends and others from Non-Government Organisations.

The case was adjourned to September 16, 2024, by High Court Deputy Registrar Justice Roy Karungi after the trial Judge, Justice Lawrence Tweyanze was reportedly on leave.
Court heard that Justice Tweyanze had been recalled from his leave to handle the case on September 16.

The Masaka Senior State Attorney Imelda Adong who represented the Attorney General said the state is ready to proceed with the case on Monday, informing the court that the Government of Uganda had filed a case against 41 landowners whose land was compulsorily acquired for the East Africa Crude Oil Pipeline in Lwengo, Kyotera and  Rakai districts.

The government wants to be allowed to deposit the said EACOP Project Affected Persons’ (PAPs) compensation in court.

However, the PAPs rejected the said compensation (sh177m), citing low pay rates,  absentee landlords and disputes on their respective lands.

Prior. the Government also wants court to ensure vacant possession of 41 people on the said EACOP land and demanded demolition and eviction orders against them, among others.

Counsel Peter Arinaitwe who represents the PAPS said some of them had unresolved objection challenges pending the Administrator General Office since 2018 while others were still grappling with evaluation rates for their land.

He said the rights of the affected persons must be respected especially against evictions and displacement without consent.

Three legal firms including Counsel Jude Mbabali are offering free legal services to the 41 Project Affected Persons.

Source: New Vision.

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