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Uganda’s president stops plans seeking to review and amend the Land Act CAP 227 that sought to curb widespread illegal land evictions.

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By Witness Radio team.

President Yoweri Kaguta Museveni Tibuhaburwa has halted the tabling of land act reforms, saying Uganda has more serious problems to deal with than those issues arising from the current land law.

Earlier this year (2023), the Ministry of Lands, Housing and Urban Development announced plans to amend the act to strengthen the rights and obligations of Lawful and Bonafide Occupants on registered land to curb illegal land evictions.

The ministry wanted the Act to provide for; where to deposit nominal ground rent (Busuulu) in instances where the landlord is absent; rejects the ground rent; and where landlord cannot be found; the registration of landlords and their respective tenants through a register that shall be kept at the Sub-County level; Establishment of Mediation Committees in Landlord-tenant areas to mediate disputes; the mandatory visiting of locus by judicial officers in all cases before an order of eviction is granted and; reviewing the provisions on ground rent to provide for economic rent in urban areas as opposed to nominal rent in rural areas.

The second area the ministry wanted to focus on in the amendment process, was to amend the Land Act to streamline the functionality of Land Management institutions namely; District Land Boards, City Land Boards, Areas Land Committees, District Land offices, and traditional land management institutions in respect to; Inspection, allocation and management of land in districts and cities; reviewing membership and qualifications for members of Land Management Institutions taking into account the new administrative boundaries of cities and districts; establishing City Land Boards and their membership; providing for approval of District/ City Land Boards by the Minister responsible for Lands upon appointment by District Councils. (In the printing of the Land Act Section 58(1) was inadvertently omitted yet it was passed by parliament); reviewing the qualifications, roles, and responsibilities of the Secretary to the District/City Land Board; and Providing for the Role of Chief Administrative Officer/Town clerk in the management of Land under their jurisdiction as provided for under the Public Finance Management Act, 2015 among others.

In other areas, the ministry wanted to amend the Act to provide for the establishment of a Customary land register and create the proposed Customary Certificate of Title in the National Land Policy 2013 as a form of registration for land held under Customary Tenure; and provide for the management, allocation, renewal, surrender, and variation of leases under the Management of Uganda Land Commission, District Land Boards and City Land Boards among other issues.

The proposed reforms had brought some relief across the land justice actors with hopes that serious gaps, which have been used to illegally evict local communities off their bibanja or land will be bridged. With the above interests, many civil society groups embarked on national consultative processes to collect views and comments to contribute to the amendment process.

According to Witness Radio – Uganda’s data, many bibanja holders have been illegally evicted by their landlords on the grounds of not paying a nominal ground rate. Many victims accuse landlords of deliberately refusing the nominal ground rate while others hide in order not to be paid.

According to local media, while addressing the Cabinet meeting last week, President Museveni halted all reforms in the land Act land saying, the cabinet should focus on the Parish Development Model (PDM).

PDM is a Government strategy or approach for organizing and delivering public and private sector interventions for wealth creation and employment generation at the parish level as the lowest economic planning unit.

Museveni is counting on PDM to reduce poverty in households.

Uganda remains one of the poorest countries in the world. In 2019/2020, 12.3 million people (30.1% of the population) lived below the poverty line of U.S. $1.77 per person per day (Uganda Bureau of Statistics, 2021).

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Businesses, banks and activists resist EC plans to strip back human rights legislation

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Today the European Commission introduced their ‘Omnibus simplification package’ to amend key laws of the EU Green Deal, including CSDDD, CSRD and Taxonomy. The package proposes significant changes, including the removal of civil liability provisions in the CSDDD and removing 80% of companies from scope in the CSRD.

The earlier announcement from the European Commission as well as the leaked draft to reform recently-agreed EU laws such as the CSDDD has already come under attack from businesses, expertsinvestors and activists alike.

The UN Global Compact and companies including Unilever, Vattenfall and Nestlé have also expressed their concern. Nestlé Europe’s Bart Vandewaetere said that it had “been reporting on [environmental impact and human rights issues in the supply chain] ourselves for years. European regulations mean that more companies have to start doing that. That creates a level playing field and we welcome that.”

Former president of Ireland Mary Robinson added: “Von der Leyen’s new Commission’s attempt to eviscerate these sustainability laws must not be agreed by the European Parliament and by the member states.”

The European Banking Federation warned that weakening the CSRD could create challenges for banks, echoing concerns from more than 160 investors who cautioned that the Omnibus package could harm investment and increase legal uncertainty.

CSOs such as the European Coalition for Corporate Justice (ECCJ)WWF and the Clean Clothes Campaign have also sharply criticised the proposal. The ECCJ writes the proposal is “not simplification, but full-scale deregulation designed to dismantle corporate accountability”.

Workers’ organisations and trade unions from garment-producing countries across Asia, Europe and Latin America also opposed the ‘Omnibus’ this week, highlighting the risk the proposal will “exclude most supply chain workers” including 49 million home workers.

Source: Business & Human Rights Resource Centre

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The CSOs’ Appeal to hear the EACOP case on merit is a crucial development, with the ruling now awaited.

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By Witness Radio team.

The Appellate Division of the East African Court of Justice (EACJ) has heard an appeal filed by four civil society organizations (CSOs) challenging the dismissal of their case against the East African Crude Oil Pipeline (EACOP).

The appeal, filed by four civil society organizations (CSOs), seeks to reconsider the case on its merits after the First Instance Division of the EACJ dismissed it in November 2023 on procedural grounds.

The case was before Justice Nestor Kayobera, Justice Kathurima M’Inoti, Justice Anita Mugeni, Justice Barishaki Bonny Cheborion, and Justice Omar Othman Makungu.

The East African CSOs, Center for Food and Adequate Living Rights (CEFROHT), Africa Institute for Energy Governance (AFIEGO), Natural Justice (NJ), and Centre for Strategic Litigation (CSL), argued that the lawsuit was dismissed unfairly and that the First Instance Court had improperly evaluated the evidence before making its ruling.

According to CSOs, the EACOP project, if implemented, could lead to significant environmental damage, endangering local livelihoods, water supplies, and biodiversity. This includes potential oil spills, disruption of ecosystems, and contamination of water sources. They further assert that TotalEnergies, China National Offshore Oil Corporation (CNOOC), and the governments of Tanzania and Uganda failed to provide a sufficient risk assessment for the project and to adhere to international human rights norms.

The EACOP project is a significant pipeline initiative spanning over 1,400 kilometers, designed to transport crude oil from Uganda’s Lake Albert region to the Tanzanian port of Tanga. The project is a joint venture of TotalEnergies and China National Offshore Oil Corporation (CNOOC) in partnership with the governments of Uganda and Tanzania.

During the appeal hearing in Kigali, Rwanda, the CSOs’ lawyers, known for their expertise, presented robust arguments against the First Instance Court’s dismissal of the case.

Counsel David Kabanda, one of the CSOs’ lawyers, argued that the First Instance Court had overstepped its role by evaluating evidence when considering the preliminary objection raised by the Tanzanian government, which claimed the case was time-barred. He emphasized that determining a preliminary objection should not require examining evidence.

The CSOs’ legal team also emphasized that the case had been filed promptly under the EAC Treaty, a key legal instrument that allows individuals in East African countries to challenge unlawful acts within two months of their enactment or upon gaining knowledge of such acts.

They also urged that the court should have examined other, non-time-barred portions of the case if a portion of it was dismissed on time-barred grounds.

The CSOs also raised the First Instance Court’s ruling to award costs to the Tanzanian and Ugandan governments and the East African Community Secretary General (EAC). They contended that a decision like this may deter future public interest lawsuits, particularly those involving human rights and the environment, as it could set a precedent of penalizing those who advocate for public welfare.

Lawyer Rugemeleza Nshala cautioned that charging in public interest cases, particularly those involving the environment and human rights, could have a “chilling effect” on those seeking justice. “The case that was filed affects the people, and this is why we have all these people in court today,” he said.

After hearing arguments from both sides, including legal representatives for Uganda, Tanzania, and the EAC Secretary General, the appellate judges reserved their ruling, stating that it would be delivered “on notice.”

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As Uganda awaits the Energy Efficiency and Conservation law, plans to develop a five-year plan are underway.

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By Witness Radio Team.

Kampala, Uganda—The Ministry of Energy and Mineral Development (MEMD) is developing a comprehensive five-year Energy Efficiency and Conservation Strategy and Plan for Uganda (EECSP). This plan, which is expected to be completed in June 2025, aims to enhance energy efficiency and conservation efforts in Uganda. Uganda has no law governing the manufacture, distribution, and use of clean cooking technologies.

The plan is expected to be aligned with national priorities, foster partnerships, and secure stakeholder buy-in for effective implementation and long-term sustainability.

In Uganda, over 90% of household energy consumption relies on biomass, a practice that is contributing to massive deforestation. This deforestation threatens our natural habitats, worsens climate change, and increases air pollution. To address these challenges, the government wants to improve energy supply, reduce greenhouse gas emissions, and expand green energy solutions in rural areas, ensuring access to affordable and clean energy.

James Banaabe said that the government, through the Energy Ministry, has hired their firm, Castle Group of Consultants, to develop the strategy. He explained that the goal is to create an actionable plan to enhance energy efficiency across various sectors in Uganda, including industries and buildings.

“We need to develop solutions that help sectors reduce their energy bills while promoting efficiency,” he noted during a consultative meeting attended by key stakeholders, including government agencies, private sector actors, civil society, academia, and end users, which provided active and meaningful insights into the development process.

Funded by the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ), the plan seeks to set realistic, achievable energy efficiency targets across key sectors such as industry, transport, residential, and commercial, identify key areas for improvement, develop an environmental strategy, and recommend actionable measures to enhance energy efficiency and conservation.

Engineer Simon Kalanzi, Energy Efficiency and Conservation Department Commissioner at MEMD, emphasized the crucial role of continuous stakeholder engagement. “The energy efficiency strategy and plan rely on broad stakeholder engagement to ensure inclusivity, relevance, and effective implementation. Your involvement is key to addressing market barriers, sharing knowledge, and building capacity to incorporate local and international expertise,” he stated further.

The strategy will yield significant benefits over the next decade, including a promising future with steady and responsible energy usage across targeted sectors.

David Birimumaaso, a principal officer at MEMD, highlighted that the strategy would support the implementation of the Energy Efficiency and Conservation bill, which is already before Parliament. “This law mandates everyone to be mindful of energy conservation,” he added.

On February 4, 2024, the State Minister for Energy, Hon. Sidronius Opolot, tabled the Energy Efficiency and Conservation Bill, 2024. The bill seeks to regulate energy consumption, curb waste, and promote sustainable cooking technologies. According to the bill, no regulations currently govern the manufacture, distribution, and use of clean cooking technologies.

 

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