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Uganda’s Judiciary resorts to mediation to curb the escalating backlog of land cases

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By witnessradio.org Team

Access to land justice in Uganda is a nightmare as judiciary is admitting its limited capacity to handle overwhelming land cases filed in court each new day. Since 2007/8 financial crisis, Uganda has been experiencing unabated violent land evictions aided majorly by government armed forces.

 

Mid 2018, the Uganda Human Rights Commission (UHRC) released a report pinning government institutions for being behind or fueling land disputes as poverty levels continue to rise amongst citizens.

 

Uganda’s economy depends on agriculture and the sector has remained the biggest employer with 68% households are engaged in subsistence economy making a contribution of 24% to the national GDP.

 

By January 2017, Judiciary had over 22,413 land cases that hadn’t been tried, 361 cases had been in court for over ten (10) years, 9,328 cases had been filed in the previous year while 12,724 cases had spent between 1 to 10 years in court, according to the Hague Institute for Innovation of Law.

 

However, case backlog also vary due to geographical location for instance, Kampala High Court Circuit by 2017, had 9010 land case backlog which are supposed to be tried by only five (5) judges meaning that if these cases are shared amongst the judges, it would take a judge six years with no weekends or public holidays to clear the case backlog, bearing in mind that no new cases come up.    

 

Statistics indicate that 36% of cases in court are about land boundaries, 25% about land ownership, 22% are about land grabbing, 4% are connected to land titles, 2% connected to land tenure system while 10% are general issues.

 

The judiciary attributes the case backlog to limited human resource, inefficiencies caused by manual and outdated procedures, poor infrastructure (the rented building hosting the court is not user friendly and not suitable for judicial work or services including offering small courtrooms despite big the number of people connected to such cases, poor archiving systems and poor customer care) thus opting to a field based system to solve land related challenges quicker.

 

Funded by the World Bank, the three months pilot project will start January 2019 to be implemented by Judiciary in collaboration with the Ministry of Land, physical planning and urban development.

 

“Its a standard practice for all commercial cases to go through a mediation phase first but most cases in reality especially land related cases have failed this test because court officers assigned to carryout the mediation are senior lawyers and conduct it on pro-bornal basis. Therefore, the mediators recruited will be facilitated and required to visit the locus” said Solomon Muyita, the Judiciary spokesman.

 

He further explained that the first phase of the project will be to identify and introduce mediators to standard guidelines that will be used in the process because the Land division of the High Court is replicating what the Commercial Court has been using for years.

 

In 2004, government banned land tribunals and returned such powers to judges to cut down administrative expenses attached to the work of these tribunals.

 

“Mediators will be eminent members of the society with high integrity and they will mediate cases whose parties are willing to reach a consensus and reduce on the time the case spends in court but in situation where mediation fails, a mediator is expected to write a report directly to the judge for the hearing of the case to commence” Muyita added.

 

witnessradio.org has learnt that the mediation process will take up to 60 days maximum but parties involved can ask for an extension of not more than 30 days for the case to be closed.

WITNESS RADIO MILESTONES

Uganda: CSOs claim Agilis Partners forcibly evicting local communities to pave way for agribusiness; company did not respond

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Witness Radio and its partners have alleged that thousands of people from local and Indigenous communities have been forcefully evicted from their land to make way for Agilis Partners Limited’s large-scale farming operations, in violation of international human rights law.

They have raised concerns about severe human rights abuses including forced evictions and lack of prompt, fair, and adequate compensation; violations of Indigenous peoples’ right to free, prior, and informed consent; abduction, arrest, torture, and judicial harassment of human rights defenders, and alleged sexual violence against women and girls, as well as other negative social and environmental impacts.

Witness Radio and its partners representing PAPs have written to Agilis Partners on several occasions seeking a dialogue between the company and people who have been harmed however, the company has not responded to their communications.

In a letter to Agilis Partners in June 2024, 36 civil society organizations called on Agilis Partners and its financial backers to take immediate action to stop the human rights abuses and harassment committed against community members, engage in dialogue with the communities, and restore the lands to the people that have been displaced.

We invited Agilis Partners to respond to the letter, the company did not respond.

Company Responses

Agilis Partners. No Response.

Source: business-humanrights.org

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: Witness Radio and Partners to Launch Human Rights Monitoring, Documentation, and Advocacy Project Tomorrow.

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By Witness Radio Team.

Witness Radio, in collaboration with Dan Church Aid (DCA) and the National Coalition for Human Rights Defenders (NCHRD), is set to launch the Monitoring, Documentation, and Advocacy for Human Rights in Uganda (MDA-HRU) project tomorrow, 22nd February 2024, at Kabalega Resort Hotel in Hoima District.

The project, funded by the European Union, aims to promote the protection and respect for human rights, and enable access to remedy where violations occur especially in the Mid-Western and Karamoja sub-regions where private sector actors are increasingly involved in land-based investments (LBIs) through improved documentation, and evidence-based advocacy.

The three-year project, which commenced in October 2023, focuses its activities in the Mid-Western sub-region, covering Bulisa, Hoima, Masindi, Kiryandongo, Kikuube, Kagadi, Kibale, and Mubende districts, and Karamoja sub-region, covering Moroto, Napak, Nakapiripirit, Amudat, Nabilatuk, Abim, Kaabong, Kotido, and Karenga districts.

The project targets individuals and groups at high risk of human rights violations, including Human Rights Defenders (HRDs) and Land and Environmental Defenders (LEDs). It also engages government duty bearers such as policymakers and implementers in relevant ministries and local governments, recognizing their crucial role in securing land and environmental rights. Additionally, the project involves officials from institutional duty bearers including the Uganda Human Rights Commission (UHRC), Equal Opportunities Commission, and courts, among others.

Representatives from the international community, faith leaders, and business actors are also included in the project’s scope, particularly those involved in land-based investments (LBIs) impacting the environment.

The project was initially launched in Moroto for the Karamoja region on the 19th of this month with the leadership of the National Coalition for Human Rights Defenders (NCHRD).

According to the project implementors,  the action is organized into four activity packages aimed at; enhancing the capacity and skills of Human Rights Defenders (HRDs) and Land and Environmental Defenders (LEDs) in monitoring, documentation, reporting (MDR), and protection, establishing and reinforcing reporting and documentation mechanisms for advocacy and demand for corporate and government accountability;  providing response and support to HRDs and marginalized communities; and lastly facilitating collaboration and multi-stakeholder engagements that link local and national issues to national and international frameworks and spaces.

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Kiryandongo leadership agree to partner with Witness Radio Uganda to end rampant forced land evictions in the district.

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By Witness Radio team.

Kiryandongo district leaders have embraced Witness Radio’s collaboration with the Kiryandongo district aimed at ending the rampant violent and illegal land evictions that have significantly harmed the livelihoods of the local communities in the area.

The warm welcome was made at the dialogue organized by Witness Radio Uganda, Uganda’s leading land and environmental rights watchdog at the Kiryandongo district headquarters, intended to reflect on the plight of land and environmental rights defenders, local and indigenous communities and the role of responsible land-based investments in protecting people and the planet.

Speaking at the high-level dialogue, that was participated in by technical officers, policy implementers, religious leaders, leaders of project affected persons (PAPs), politicians, media, Civil Society Organizations (CSOs), and development partners that support land and environment rights as well as the Land Based Investments (LBIs) Companies in the Kiryandongo district, the leaders led by the District Local Council 5 Chairperson, Ms. Edith Aliguma Adyeri appreciated the efforts taken by Witness Radio organization to organize the dialogue meeting aimed at bringing together stakeholders to safeguard community land and environmental rights in order address the escalating vice of land grabbing in the area.

During the dialogue, participants shared harrowing accounts of the impacts of land evictions and environmental degradation, including tragic deaths, families torn asunder, young girls forced into marriage, a surge in teenage pregnancies, limited access to education, and significant environmental damage which have profoundly affected the lives of the local population in Kiryandongo.

Participants attending the dialogue.

In recent years, Kiryandongo district has been embroiled in violent land evictions orchestrated to accommodate multinational large-scale agriculture plantations and wealthy individuals leaving the poor marginalized.

According to various reports, including findings from Witness Radio’s 2020 research Land Grabs at a Gun Point, the forceful land acquisitions in Kiryandongo have significantly impacted the livelihoods of local communities. It is estimated that nearly 40,000 individuals have been displaced from their land to make room for land-based investments in the Kiryandongo district. However, leaders in the district also revealed in the dialogue that women and children are affected most.

The Kiryandongo Deputy Resident District Commissioner, Mr. Jonathan Akweteireho, emphasized that all offices within the Kiryandongo district are actively involved in addressing the prevalent land conflicts. He also extended a welcome to Witness Radio, acknowledging their collaborative efforts in tackling and resolving land and environmental issues in the district.

“Ladies and gentlemen, we all know that the land rights together with environmental rights have been violated in our district, but because we don’t know what our rights are, because we have not directly done what we could to safeguard our rights and now this is the time that Witness Radio has brought us together to safeguard our rights. I want to welcome you in Kiryandongo and be rest assured that we shall give you all the necessary support to help us manage these rampant cases,” Ms. Adyeri said in her remarks during the dialogue meeting.

The team leader at Witness Radio Uganda, Mr. Geoffrey Wokulira Ssebaggala expressed gratitude to the participants for their active involvement in the dialogue and revealed that Witness Radio’s objective is to find a holistic solution to the escalating land disputes in Kiryandongo district serving as an example to other districts.

“We are here to assist Kiryandongo district in attaining peace and stability because it stands as a hotspot for land grabbers in Uganda. Mismanagement of land conflicts in Uganda could potentially lead to a significant internal conflict. Everywhere you turn, voices are lamenting the loss of their land and property. Kiryandongo, abundant with ranches, suffers from a lack of a structured framework, which amplifies these land conflicts. The influx of wealthy investors further complicates the situation,” Mr. Ssebaggala disclosed.

Within the dialogue, Mr. Ssebaggala emphasized the need for the Kiryandongo district council to pass a by-law aimed at curbing land evictions as an initial step in addressing the prevalent land injustices.

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