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Ugandan community files complaint to World Bank amid forced evictions

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A community kickboxing academy marked for demolition by the Kampala Capital City Authority.

In 1998, Patrick Mwenza moved to the Kawaala settlement in Kampala, Uganda, where he built his family home and a few rental properties for additional income. But Mwenza — whose name has been changed to protect his identity — said that in 2013 the Kampala Capital City Authority tried to take his land to make way for a development project.

Though Mwenza, now 49, managed to keep his land after rejecting the compensation offered by the authority, he says some of his properties were destroyed during the diversion of the local Lubigi drainage channel, and he did not receive any financial assistance to rebuild them.

Seven years later, on Dec. 3, 2020, Mwenza and his neighbors woke up to find KCCA representatives accompanied by armed guards, distributing eviction notices around their village and placing a red “X” on many structures, which they said were intended for demolition to accommodate the expansion of the Lubigi drainage channel.

Though Mwenza’s property wasn’t marked with the dreaded “X,” he said he did find a pole in the middle of his compound, which marked where the next phase of the channel’s construction will begin — indicating that he should soon expect another eviction notice.

The expansion of the Lubigi drainage channel is part of the second phase of the World Bank’s Kampala Institutional and Infrastructure Development Project, KIIDP-2, a project with $175 million committed in the pipeline to enhance urban mobility.

During the first phase, in 2014, authorities constructed a channel diversion which Accountability Counsel — an international civil society organization that advocates for communities harmed by projects like this — said ran through the land of many local residents in Kawaala, as well as cut others off from easy access to schools and basic services.

 “This is a very stark example of failure to meet the World Bank’s own safeguard policies.”

— Caitlin Daniel, senior communities associate, Accountability Counsel

KIIDP-2 will expand on this channel diversion, widening it significantly. It is expected to lead to the eviction of more than 100 families across an area that is more than 1.5 miles long and 230 feet wide.

Accountability Counsel says neither KCCA nor the World Bank provided community members in Kawaala Zone II with adequate information on compensation and resettlement last year — as required by World Bank policies before issuing eviction notices.

In response to this, the community filed a complaint about the project to the World Bank’s Inspection Panel with the support of local NGOs, Witness Radio, and Accountability Counsel. The panel registered the case last month.

Caitlin Daniel, senior communities associate at Accountability Counsel, said many of the issues plaguing the first phase of the project haven’t been dealt with, and that — despite KCCA having had years to organize a resettlement process — the Kawaala Zone II community has been largely excluded from the process.

The organization believes that KCCA has been taking advantage of the community’s lack of awareness, driving affected community members through a rushed resettlement process — prioritizing project timelines over the livelihoods and the well-being of affected people and its equitable implementation.

Robi Mosenda, communities associate at Accountability Counsel in Kenya, alleged that KCCA has also used unscrupulous tactics such as threats, misinformation, and enforced surveys “to drive out this community.”

“There have been allegations of extortion and people asking for bribes to get higher values or figures for compensation,” he said, adding that, although many community members are illiterate, they’ve been asked to sign documents only to be never given copies. “Most of them just figured that this is a government agency and they will do whatever they want to do and we don’t have recourse against them.”

In the midst of all this, community members and civil society groups say that the World Bank has been largely absent, leaving KCCA frequently unsupervised. Community members aren’t clear about their rights in relation to a World Bank-funded project, Mosenda said, because nobody gave them that information.

“This is a very stark example of failure to meet the World Bank’s own safeguard policies,” Daniel explained. “These commitments that they have made to ensure that community members are not resettled without first receiving compensation and resettlement assistance — enough to make sure they are not any worse off than they were before the project began, and that just really clearly didn’t happen.”

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She added that COVID-19 further complicated the process, with World Bank personnel reluctant to travel to project sites. “But community members really strongly feel if the World Bank were there in person then the KCCA’s actions would be improved,” she said.

A representative from the World Bank’s country office in Uganda said that the bank cannot comment on an ongoing deliberation by their inspection panel.

Meanwhile, KCCA insists that the allegations leveled against the authority are false.

“It’s supposed to be a better place after we have finished the channel but because some people want a little money and their recognition, they hype it,” said KCCA spokesperson Daniel NuweAbine. “It is politics and the selfishness of individuals that want to keep our cities and our people … behind.”

NuweAbine claimed that the authority has “engaged and reengaged with the community,” and provided adequate compensation to those affected.

Those that have not been compensated, he said, illegally settled on the land after the first phase of the project — when the aforementioned compensations were already made — or bought land from owners who had previously received compensation. He blamed lawyers and civic groups for wanting “to be looked at as saviors” and misleading the community about how much their properties are worth.

The Accountability Counsel’s Daniel challenged KCCA’s assertion, citing a person whose proposed compensation amount was so low that it wouldn’t even cover administrative fees to obtain the documents that proved they owned the land.

“We are not rebelling [against] the project but we want to be compensated and leave the land for the project to go on,” said one 42-year-old woman, who has lived in Kawaala her whole life.

Jeff Ssebaggala, Uganda’s country director at Witness Radio, said the project’s problem is that it wasn’t community-led from the beginning.

“Development should be community-led,” he said. “No poor community would fight a development project, but people are not included.”

Original Source: devex.com

  • A community kickboxing academy marked for demolition by the Kampala Capital City Authority.

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Statement: The Energy Sector Strategy 2024–2028 Must Mark the End of the EBRD’s Support to Fossil Fuels

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The European Bank for Reconstruction and Development (EBRD) is due to publish a new Energy Sector Strategy before the end of 2023. A total of 130 civil society organizations from over 40 countries have released a statement calling on the EBRD to end finance for all fossil fuels, including gas.

From 2018 to 2021, the EBRD invested EUR 2.9 billion in the fossil energy sector, with the majority of this support going to gas. This makes it the third biggest funder of fossil fuels among all multilateral development banks, behind the World Bank Group and the Islamic Development Bank.

The EBRD has already excluded coal and upstream oil and gas fields from its financing. The draft Energy Sector Strategy further excludes oil transportation and oil-fired electricity generation. However, the draft strategy would continue to allow some investment in new fossil gas pipelines and other transportation infrastructure, as well as gas power generation and heating.

In the statement, the civil society organizations point out that any new support to gas risks locking in outdated energy infrastructure in places that need investments in clean energy the most. At the same time, they highlight, ending support to fossil gas is necessary, not only for climate security, but also for ensuring energy security, since continued investment in gas exposes countries of operation to high and volatile energy prices that can have a severe impact on their ability to reach development targets. Moreover, they underscore that supporting new gas transportation infrastructure is not a solution to the current energy crisis, given that new infrastructure would not come online for several years, well after the crisis has passed.

The signatories of the statement call on the EBRD to amend the Energy Sector Strategy to

  • fully exclude new investments in midstream and downstream gas projects;
  • avoid loopholes involving the use of unproven or uneconomic technologies, as well as aspirational but meaningless mitigation measures such as “CCS-readiness”; and
  • strengthen the requirements for financial intermediaries where the intended nature of the sub-transactions is not known to exclude fossil fuel finance across the entire value chain.

Source: iisd.org

Download the statement: https://www.iisd.org/system/files/2023-09/ngo-statement-on-energy-sector-strategy-2024-2028.pdf

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PETITIONS

Complaint against unprofessional conduct of the DPC Kiryandongo district for aiding and abetting land grabbing in kiryandongo district.

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The Commandant,

Professional Standards Unit, Uganda Police-Kampala.

Dear Sir/Madam;

RE: COMPLAINT AGAINST UNPROFESSIONAL CONDUCT OF THE DPC KIRYANDONGO DISTRICT FOR AIDING AND ABETTING LAND GRABBING IN NYAMUTENDE KITWARA PARISH KIRYANDONGO DISTRICT AND CARRYING OUT ILLEGAL ARRESTS AND DETENTION OF INNOCENT RESIDENTS/ BIBANJA OWNERS FOR PROTESTING AGAINST THE ILLEGAL EVICTION FROM THEIR LAND.

We act for and behalf of the Lawful and bonafide occupants of Land described as LRV MAS 2 FOLIO 8 BLOCK 8 PLOT 22 (FORMERLY KNOWN AS RANCH 22).

Our Clients are residents of Nyamutende Village, Kitwara Parish in Kiryandongo District where they have lived for more than 30 years and sometime in 2017, they applied for a lease of the said Land to Kiryandongo District Land Board through the Directorate of Land Matters State House.

As they were still awaiting their Application to be processed, they were shocked to establish that the said land had been instead leased to and registered in the names of Isingoma Julius, Mwesige Simon, John Musokota William, Tumusiime Gerald, Wabwire Messener Gabriel, Ocema Richard and Wilson Shikhama, some of whom were not known to the Complainants. A copy of the Search is attached hereto

Our clients protested the above action and appealed to relevant offices, but were shocked to discover that the above persons had gone ahead and sold the same to a one Maseruka Robert.

Aggrieved by these actions, the Complainants appealed to the RDC who advised them to institute proceedings against the said persons, and assigned them a one Mbabazi Samuel to assist them to that effect. The said Mbabazi accordingly filed Civil Suit Noa 46 of 2019 against tne said registered proprietors at Masindi High Court challenging the illegal and fraudulent registration, sale and transfer of the subject land to Maseruka Robert.

While awaiting the progress of the case mentioned hereinabove, the Complainants were surprised to find that the said Mbabazi, instead of assisting them, he went into a consent settling the said suit on their behalf without their knowledge or consent. A copy of the Consent is attached hereto.

Among the terms of the said consent Judgment was that the residents would be compensated without specifying how much and would in return vacate the Land.

As if that was not enough, Maseruka Robert and Mbabazi Samuel are going ahead to execute the said Consent Judgment by forcefully evicting the occupants without compensation which has prompted the complainants to challenge the said Consent by applying for its review and setting aside at Masindi High Court which is coming up for hearing on the 29th March 2023. A copy of the Application is attached hereto.

Sensing the imminent threat of eviction, we also filed an application for interim stay of execution of the said consent to avoid rendering their application for review nugatory but unfortunately the same could not be heard on the date it was fixed for hearing (6th February 2023). A copy of the Application is attached hereto

On Thursday last week, three tractors being operated by 6 workers of a one Mbabazi Samuel [the very person who had been entrusted to represent our Clients to secure their Land through Civil Suit No.46 of 2019] encroached close to 50 acres of our Clients’ land and started ploughing it but our Client’s protested and chased them away.

We have however been shocked to receive information from our Clients that on Sunday at Mid night, 3 police patrols invaded the community in the night and arrested community members; Mulenje Jack, Steven Kagyenji, Mulekwa David, Ntambala Geoffrey, Tumukunde Isaac 15 years, Kanunu Innocent, Mukombozi Frank, Kuzara, Rwamunyankole Enock, and took them to Kiryandongo Police Station where they are currently detained.

We strongly protest the illegal arrests and detention of our Clients as this is a carefully orchestrated land grabbing scheme by Maseruka Robert and Mbabazi Samuel who are  receiving support from the DPC Kiryandongo.

The purpose of this Letter therefore is to request your good office to investigate the misconduct, abuse of office and unprofessionalism of the said DPC Kiryandongo District and all his involvement in the land grabbing schemes on land formerly known as Ranch 22.

Looking forward to your urgent intervention,

C.C The Head Police Land Protection Unit Police Head Quarters Naguru

CC The RDC Kiryandongo District

CC The Chairman LCVKityadongo District

CC The Regional Police CommanderAlbertine Region

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WITNESS RADIO MILESTONES

The Executive Director of Witness Radio Uganda talks about the role played by Witness Radio in protecting communities affected by large-scale agribusinesses in Kiryandongo district in an interview with the ILC.

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