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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

The abducted community land rights defender is found and released on a police bond.

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By Witness Radio Team.

A Kawaala Zone II community land rights defender who was waylaid and arrested by eight (8) armed policemen has been found at Old Kampala regional police headquarters and released without a charge.

On 31st/10/2022, armed Policemen arrested Kabugo Michael who was due to set off for a community meeting between the residents, Witness Radio – Uganda, and the Accountability Counsel intended to discuss issues surrounding their land interests targeted by the infrastructural project.

Kabugo is a community land rights defender in Kawaala Zone II Rubaga division, Kampala district. He is one of the community land rights defenders facing reprisals for defending the community’s land targeted by Kampala Capital City Authority (KCCA) for a drainage channel construction and expansion project funded by the World Bank.

After a long day search for the abducted community defender, Witness Radio lawyers found him held at the Old Kampala regional police headquarters.

Mrs. Adongo Sarah, one of the victim’s lawyers said the police reviewed an old file where the victim was accused of ‘fraud’ and re-interviewed him.

“He was able to make an additional statement, and his police bond and that of his other colleagues accused alongside with on the old file was extended to Friday 4th November this year.” She added.

She further said Michael’s arrest was arbitrary, adding that even the Officer in Charge of the case at Old Kampala Regional Criminal Investigations Department could not give reasons.

The victim’s lawyers believe these increased actions of arrests, kidnaps, and detentions of Kawaala community land rights defenders are reprisals for their work of opposing

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Defending Land And Environmental Rights

Breaking: A Kawaala community land rights defender kidnapped and taken to unknown destinations, others on the run.

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By Witness Radio-Uganda.

Armed Policemen have this morning waylaid and arrested a community land rights defender in Kawaala zone II Rubaga division, Kampala district, Witness Radio-Uganda has learned.

Mr. Kabugo Micheal is a renowned community land rights defender who advocates for fair compensation of the community land on an ongoing project of Lubigi drainage channel expansion funded by the World Bank and implemented by the Kampala Capital City Authority (KCCA).

According to eyewitnesses, the defender was at Mr. Kasozi’s home (one of the community defenders) before setting off for a community meeting between the residents, Witness Radio – Uganda, and Accountability Counsel. The meeting was to discuss issues surrounding their land interests targeted by the infrastructural project.

“As he was sitting on a Boda (motorcycle taxi driven in Uganda and other East African States), police rounded him up before his arrest. We saw him being manhandled. They (police) forced him onto one of the police bodas before he was taken to unknown destinations.” Said an eyewitness.

Another eyewitness further explained that he was arbitrarily arrested by eight (8) armed policemen on a police patrol

Mr. Kasozi Paul Ssengendo who also witnessed the arbitrary arrest of Michael said police are targeting them with arrests because of their work to resist forced eviction by Kampala Capital City Authority.

“I am currently on the run. I was a target of police but I managed to escape.” The defender told Witness Radio.

In June this year, Mr kabugo and 5 others were arrested and falsely charged with forgery, a charge they said is retaliation for their work in fighting for their land rights.

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Accountable Development To Communities

Breaking: Court dismisses a criminal case against a community land rights defender for want of prosecution.

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By Witness Radio Team.

Kiryandongo. A criminal trespass case against a community land rights defender has been dismissed over the prosecution’s failure to adduce evidence before the Chief Magistrate Court that pinned the community defender on the alleged charges.

On 27th October 2021, Kiryandongo Chief Magistrate Court charged Otyaluk David with criminal trespass and remanded him to Masindi prison. He was later granted court bail and since then, he has been traveling 48 kilometers to and from court every fortnight.

Before he was presented before a court, Otyaluk was kidnapped and illegally detained in Kiryandongo Central Police Station (CPS) cells for five (5) days for trespassing on a piece of land he (Otyaluk) had lived and cultivated since he was born.

In the afternoon of 21st October, two (2) armed men cladding Uganda People Defense Forces (UPDF) uniform and police personnel raided Otyaluk’s home and got him kidnapped to an unknown destination. UPDF soldiers guard Kiryandongo Sugar Limited plantations.

“On the day of his kidnap, Otyaluk was found praying in his house. In a blink of an eye, the defender was rounded up and bundled onto a vehicle owned by Kiryandongo Sugar Limited, forcefully evicting us off our land. We later learned that he was taken into evictor’s facilities where he was kept for some time before being transferred to Kiryandongo CPS” A family member remembers.

A family member further added that before the kidnap, Otyaluk’s family had lost about 12 acres of land to Kiryandongo Sugar Limited.

“Company workers under the protection of soldiers brought a tractor and plowed acres of semi-mature maize, beans, sorghum, and sim-sim. We were only left with a small piece of land where our house sits and we are currently trapped in the middle of a sugarcane plantation” a family member added.

Since the trial period was announced, the prosecution failed to bring witnesses to pin Otyaluk for trespassing on his land. It was only on the 19th of July, 2022 during a court session, one Adamuru Peter, allegedly to be a company manager turned up as a company representative but not as a witness.

In her ruling last week, a magistrate at Kiryandongo Magistrate court discontinued the trial of Otyaluk and dismissed the case.

Otyaluk is one of the luckiest among hundreds of community land and environmental rights defenders currently under persecution to have his case dismissed. It’s an order of the day for the community land and environmental rights defenders to be kidnapped, arbitrarily arrested, and tortured on orders of investors for their work of mobilizing the communities to desist land grabs.

Kiryandongo Sugar Limited is among multinationals forcefully evicting over 35000 local and indigenous people off their land to give way to large-scale agribusinesses.

Kiryandongo Sugar Limited is one of the many companies owned by the Rai Group of Mauritius. The dynasty owns several other companies in DR Congo, Kenya and Malawi, and Uganda. A dynasty owns companies such as West Kenya Sugar (which owns Kabras Sugar), Timsales Limited, Menengai Oil Refineries, Rai Ply, and Webuye Panpaper.

In Uganda, the Rai Group of Mauritius owns Nile Ply limited, Kinyara Sugar Limited, and Masindi Sugar Limited among others. One of its directors is a shareholder of a British Virgin Islands company, listed in the Panama Papers database recently.

The same company has fraudulently gotten a license to replace part of Bungoma natural forest with a sugarcane plantation.

“Court has shown today that the company is maliciously arresting us to keep us in jails. To weaken our hearts, wasting our time and resources. They intentionally do this because we refused to surrender the land we have lived on for years. It is shaming that the government has failed to protect the rights of the poor people.” The defender noticed.

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