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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Ugandan State House Official dupes 251 families, grabs 2 square miles mineral-rich land without compensation

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By witnessradio.org team

Imagine being assigned by your president to protect the indigenous people’s land and instead target their mineral-rich land; through your office, you hoodwink them to vacate their land before compensation.

It’s now ten years since Gertrude Njuba, a State House Director on Land matters duped and took  two (2) square miles natives’ mineral-rich land at Kamalenge, Bukuya sub-county in Mubende district where she spotted gold stones. The land was hosting over 251 families with majority engaged in subsistence farming.

In last July, 2017, Njuba was again named in 12-square mile land grabbing scandal that host the gold deposits in Mubende district. In this particular grab, at least 120,000 families directly survived and lived on the grabbed land. Using the army and police, Njuba violently evicted indigenous people off their land and properties worth billions of shillings including permanent houses were demolished without compensation.

Article 26 (1) stipulates that “every person has a right to own property either individually or in association with others,” and article 26 (2) provides for (i) “prompt payment of fair and adequate compensation, prior to the taking of possession or acquisition of the property.”

Before evicting the poor peasants, Njuba, a director of Anglo-Ugandan Co-operation (AUC) mining ltd, used district public offices including the office of the Resident District Commissioner (RDC) to convince natives to vacate their land willfully before receiving their payment. Natives claim that before the valuation report was out, Njuba made them to sign an understanding agreement outlining a 3% disturbance fees in order to vacate their land faster but even those benefits are yet to be realized. The benefits were expected to come from gold got from their land.

As a sign of commitment to pay everyone’s compensation after leaving their land, Njuba targeted some leaders and paid them less than 10% of their total entitlement, which she has also failed to pay fully. Through their leaders; Enoch Ruyonga, Fabiano Kamuhanda and Alex Kamusiime said, Njuba’s actions are in total breach of the 1995 constitution which prohibits deprivation of property without compensation.

According to the valuations of; V&Q consulting surveyors valuators, Enoch Ruyonga’s properties were valued at Shs 53,500,186 (about $14,861) just got 7,446,721 (about $2,068), Jackson Mukasa valued at Shs 47,496,813 (about $13,193), and paid only Shs 12,000,000(about $3,333) John Kasinzi was valued at 27,104,229 about ($7,528) but just got Shs 7,000,000 (about $1,944)

Others are; Ibrahim Muganga who was valued at Shs 5,816,889 (about $1,615) but just got just 2,077,091 (about $576), Alex Kamusiime was valued at Shs 4,583,735 (about $1,273) and just got Shs 2,000,000 (just $555), Faibano Kamuhanda was valued at Shs 38,802,155 (about $10,778), was paid Shs 11,438,480 (about $3,177) and James Musisi was valued at Shs 3,800,000 (about $1,055), but paid him just 1,000,000 (about $277).

By witnessradio.org team

Imagine being assigned by your president to protect the indigenous people’s land and instead target their mineral-rich land; through your office, you hoodwink them to vacate their land before compensation.

It’s now ten years since Gertrude Njuba, a State House Director on Land matters duped and took  two (2) square miles natives’ mineral-rich land at Kamalenge, Bukuya sub-county in Mubende district where she spotted gold stones. The land was hosting over 251 families with majority engaged in subsistence farming.

In last July, 2017, Njuba was again named in 12-square mile land grabbing scandal that host the gold deposits in Mubende district. In this particular grab, at least 120,000 families directly survived and lived on the grabbed land. Using the army and police, Njuba violently evicted indigenous people off their land and properties worth billions of shillings including permanent houses were demolished without compensation.

Article 26 (1) stipulates that “every person has a right to own property either individually or in association with others,” and article 26 (2) provides for (i) “prompt payment of fair and adequate compensation, prior to the taking of possession or acquisition of the property.”

Before evicting the poor peasants, Njuba, a director of Anglo-Ugandan Co-operation (AUC) mining ltd, used district public offices including the office of the Resident District Commissioner (RDC) to convince natives to vacate their land willfully before receiving their payment. Natives claim that before the valuation report was out, Njuba made them to sign an understanding agreement outlining a 3% disturbance fees in order to vacate their land faster but even those benefits are yet to be realized. The benefits were expected to come from gold got from their land.

As a sign of commitment to pay everyone’s compensation after leaving their land, Njuba targeted some leaders and paid them less than 10% of their total entitlement, which she has also failed to pay fully. Through their leaders; Enoch Ruyonga, Fabiano Kamuhanda and Alex Kamusiime said, Njuba’s actions are in total breach of the 1995 constitution which prohibits deprivation of property without compensation.

According to the valuations of; V&Q consulting surveyors valuators, Enoch Ruyonga’s properties were valued at Shs 53,500,186 (about $14,861) just got 7,446,721 (about $2,068), Jackson Mukasa valued at Shs 47,496,813 (about $13,193), and paid only Shs 12,000,000(about $3,333) John Kasinzi was valued at 27,104,229 about ($7,528) but just got Shs 7,000,000 (about $1,944)

Others are; Ibrahim Muganga who was valued at Shs 5,816,889 (about $1,615) but just got just 2,077,091 (about $576), Alex Kamusiime was valued at Shs 4,583,735 (about $1,273) and just got Shs 2,000,000 (just $555), Faibano Kamuhanda was valued at Shs 38,802,155 (about $10,778), was paid Shs 11,438,480 (about $3,177) and James Musisi was valued at Shs 3,800,000 (about $1,055), but paid him just 1,000,000 (about $277).

DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: Buganda Road Court grants bail to 15 stop EACOP activists after 30 days in prison.

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By Witness Radio team.

The Magistrate at Buganda Road Court has granted non-cash bail to 15 stop EACOP activists from Kyambogo and Makerere University Business School (MUBS) Universities. They spent 30 days in detention at Luzira Maximum Security Prison on charges of common nuisance.

After the defense lawyers successfully applied for bail, on 10th December, the trial magistrate, Her Worship Nankya Winnie, granted a non-cash bail of 500,000 Uganda Shillings (approximately 136.50 USD) for each activist and their sureties.

The hearing of the bail application for the EACOP activists flopped yesterday. It was adjourned after it was reported that the then-presiding magistrate, Her Worship Sanula Nambozo, had been transferred to another duty station and replaced by Her Worship Nankya Winnie.

The accused activists are all young students from the universities mentioned above. The students include Simon Peter Wafula, Gary Wettaka, Martin Sserwambala, Erick Ssekandi, Arafat Mawanda, Akram Katende, Dedo Sean Kevin, Noah Katiti, Oscar Nuwagaba, Oundo Hamphrance, Bernard Mutenyo, Nicholas Pele, Shadiah Nabukenya, Shafiq Kalyango, and Makose Mark.

They were arrested in early November 2024 for protesting the East African Crude Oil Pipeline (EACOP) project in Kampala, Uganda’s capital. The EACOP project, a major oil pipeline, has been controversial due to its potential environmental impact, including the risk of oil spills and deforestation, and the alleged human rights violations associated with its construction, such as forced evictions and land grabbing.

Despite the risks, the activists marched to Uganda’s Parliament to meet the Speaker and raise concerns about the EACOP project. The peaceful march reiterated numerous concerns raised by civil societies and the European Parliament about the project’s negative impacts.

The EACOP project, which will transport crude oil from Uganda’s Albertine region to Tanzania’s Tanga seaport, has been criticized for delayed compensation for affected persons and secretive agreements. The potential impact on the environment and human rights is a cause for concern.

On 11th November, the accused were charged with common nuisance. Section 160 (1) of the Penal Code Act states that anyone charged with common nuisance is liable to one-year imprisonment on conviction. This charge, frequently imposed against individuals peacefully protesting in Uganda, has notably been used against Stop EACOP activists. While common nuisance addresses acts causing inconvenience or disruption to the public, it is crucial to emphasize that the accused were engaged in peaceful protest, causing no harm or disturbance.

The prosecution alleges that on 11th November 2024, the accused gathered at Parliamentary Avenue, peacefully expressing their dissent and causing no harm. Yet, they were charged with common nuisance, which seems unjust given their peaceful protest. It’s important to note that their protest was non-violent and aimed at raising awareness about the potential negative impacts of the EACOP project.

The court has adjourned the case to 16th January 2025 for a hearing.

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: The Bail Application for the 15 EACOP Activists flops for the second time, as the trial magistrate is reported to have been transferred.

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By Witness Radio team.

A bail application for the 15 EACOP activists from Kyambogo and Makerere University Business School (MUBS) Universities currently on remand at Luzira Maximum Prison on charges of common nuisance has flopped for the second time due to the absence of the presiding magistrate.

The prosecution stated that the bail application could not proceed because the presiding magistrate, Her Worship Sanula Nambozo, had been transferred to another court. As a result, the case file was allocated to a new magistrate, Her Worship Nankya Winnie. She rescheduled to hear the bail application for today, October 10th, 2024, at 9 a.m. EAT.

The bail application for the 15 activists has faced yet another setback, marking the second failed attempt.

This delay in the bail application process means that these young students continue to be held in remand at Luzira Maximum Prison, a situation that is undoubtedly taking a toll on them. On November 16th, 2024, the bail hearing was disrupted due to the absence of two student activists, Wafula Simon and Kalyango Shafik. During that court session, the prosecution informed the court that both individuals were unwell, suffering from red eyes, and had been placed in isolation at the prison hospital.

The activists on remand, all young students, include Simon Peter Wafula, Gary Wettaka, Martin Sserwambala, Erick Ssekandi, Arafat Mawanda, Akram Katende, Dedo Sean Kevin, Noah Katiti, Oscar Nuwagaba, Oundo Hamphrance, Bernard Mutenyo, Nicholas Pele, Shadiah Nabukenya, Shafiq Kalyango, and Makose Mark.

The 15 were arrested in early November 2024 for protesting against the East African Crude Oil Pipeline (EACOP) project in Kampala, Uganda’s capital. The EACOP project, a major oil pipeline, has been a subject of controversy due to its potential environmental impact and the alleged human rights violations associated with its construction.

Despite the risks, the activists marched to Uganda’s Parliament to meet the Speaker of Parliament and raise concerns about the EACOP project. Their persistence in the face of adversity is truly inspiring.

The EACOP project, which will transport crude oil from Uganda’s Albertine region to Tanzania’s Tanga seaport, has been criticized for delayed compensation for affected persons and secretive agreements. The potential impact on the environment and human rights is a cause for concern.

On November 11th, the accused were charged with common nuisance. Section 160 (1) of the Penal Code Act states that anyone charged with common nuisance is liable to one-year imprisonment on conviction. The charge of common nuisance is often used in cases where individuals are accused of causing inconvenience or disruption to the public, but it is important to note that the accused were peacefully protesting and causing no harm.

The prosecution alleges that on November 11th, 2024, the accused gathered at Parliamentary Avenue, peacefully expressing their dissent and causing no harm. Yet, they were charged with common nuisance, a charge that seems unjust given their peaceful protest.

The third attempt for the bail application of the 15 activists has been rescheduled for hearing today at 9 a.m. EAT before Her Worship Nankya Winnie of the Buganda Road Court.

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Buganda Road Court will hear a bail application for 15 EACOP activists today.

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By Witness Radio team.

A bail application for the 15 EACOP activists from Kyambogo and Makerere University Business School (MUBS) Universities currently on remand on charges of common nuisance will take off today.

On November 16, 2024, attempts to apply for bail for the 15 students flopped due to the absence of two activist students in court.

The prosecution informed the court that Wafula Simon and Kalyango Shafik were sick and suffering from red eyes. They were placed in an isolation room in the prison hospital, thus causing a setback to earlier bail application attempts.

The activists on remand, all young students, include Simon Peter Wafula, Gary Wettaka, Martin Sserwambala, Erick Ssekandi, Arafat Mawanda, Akram Katende, Dedo Sean Kevin, Noah Katiti, Oscar Nuwagaba, Oundo Hamphrance, Bernard Mutenyo, Nicholas Pele, Shadiah Nabukenya, Shafiq Kalyango, and Makose Mark.

They were arrested in early November 2024 for protesting against the East African Crude Oil Pipeline (EACOP) project in Kampala, Uganda’s capital. The activists, undeterred by the risks, were marching to Uganda’s Parliament to meet the Speaker of Parliament and raise concerns about the EACOP project, including the continued gross human rights violations/abuses, the significant threat it poses to the environment, and the criminalization of the mega project’s critics.

The EACOP project will transport crude oil from Uganda’s Albertine region to Tanzania’s Tanga seaport. The project has been criticized for delayed compensation for affected persons and secretive agreements.

On November 11, the accused were charged with common nuisance. Section 160 (1) of the Penal Code Act states that anyone charged with common nuisance is liable to one-year imprisonment on conviction.

The prosecution alleges that on November 11, 2024, the accused gathered at Parliamentary Avenue, peacefully expressing their dissent and causing no harm, yet they were charged with common nuisance. They were accused of causing disruption and inconvenience by holding an unauthorized demonstration on the road while displaying placards and banners opposing the oil pipeline.

The bail application for the 15 activists will be presented before Her Worship  Sanula Nambozo the Grade One Magistrate of Buganda Road Court.

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