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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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Uganda is developing a Management Information System to strengthen reporting on business-related human rights violations.

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By Witness Radio team.

The Government of Uganda, through the Ministry of Labour, Gender, and Social Development (MLGSD), is developing a Management Information System on Business and Human Rights to improve the reporting and monitoring of human rights violations and abuses within Uganda’s business sectors.

This development was disclosed by Hon. Betty Amongi Ongom, the line minister, this morning during the official opening of the 6th Annual Symposium of Business and Human Rights at the Sheraton Hotel in Kampala. Multi-stakeholders are meeting to explore potential ways to promote ethical business practices in Uganda.

The 6th symposium, organized by Resource Rights Africa (RRA) and co-convened by Witness Radio, the Ministry of Labour Gender and Social Development (MoGLSD), and DanChurchAid (DCA), among others, will be held today, November 4, on the theme “Emerging voluntary and mandatory frameworks: Strengthening responsible business conduct in Uganda.”

“I’m glad to let you know that my ministry is working on a management information system on human rights and business to improve the reporting of human rights abuses in Uganda.” The minister said while officiating the opening of the two-day event.

She added that the purpose of the Management Information System is to enable the reporting of worker rights violations, including harassment, non-payment, contract terminations, and other related issues.

“These kinds of problems are common, such as child labor on tea and sugar plantations and human trafficking, in which individuals are transported from different regions, left unpaid, without a place to live, while others are forced to work without safety equipment, putting their lives in danger. If you feel your rights are being violated, this tool will enable you to report directly online.” She added.

While business enterprises continue to be strong partners in promoting respect for human rights in Uganda, the minister asserts that empirical evidence shows gaps in delivering positive outcomes, such as limited innovation, insufficient capacity, and tools to ensure respect for human rights in business operations.

“The essence of developing this framework stems from recognizing the power imbalance between employer and employee. We want to empower employees to assert their rights and improve their working conditions, ensuring their voices are heard. Some employers exploit workers, demote them, or change their schedules unfairly,” she urged all attendees to actively participate in the symposium to share views, solutions, and recommendations for improving business practices that respect workers’ rights.” She further expressed.

Additionally, she conveyed her appreciation to the European Union and other partners for their committed assistance in promoting human rights and business in Uganda.

Prior to this, H.E. Adam Sparre Spliid, the deputy head of mission for the Royal Danish Embassy, emphasized that human rights are becoming increasingly respected as more nations, including Uganda, agree to implement the National Action Plan’s business and human rights recommendations. “The Danish government stands ready to assist Uganda in accomplishing its goal of respecting human rights, ” he said.

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A multisectoral meeting has kicked off in Kampala to discuss progress in implementing the UN Guiding Principles on Business and Human Rights and other related standards and principles.

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By Witness Radio team.

Civil society organizations (CSOs), land and environmental defenders, and the government are convening for the sixth time to reflect on the Business and Human Rights situation in Uganda today. The meeting, running from 4th to 5th November at Sheraton Hotel Kampala, will explore potential ways to promote ethical business practices in Uganda.

The conference will include business owners/representatives, government representatives, development partners, academics, the media, civil society, human rights advocates, community representatives, and any other players looking to further the business and human rights agenda in Uganda and abroad.

It is anticipated that 200 people will attend the main event over the two days, and online participation will be available to encourage further participation from all attendees.

This year’s symposium, which is organized by Resource Rights Africa (RRA) and co-convened by Witness Radio, Ministry of Labour Gender and Social Development (MoGLSD), and DanChurchAid (DCA), among others, has the theme “Emerging voluntary and mandatory frameworks: Strengthening responsible business conduct in Uganda.”

The symposium is organized around five main plenary panel sessions, each of which focuses on a different theme or sector. These include Human Rights Defenders and Civic Space, Emerging Trends in the Oil and Gas Sector, the Corporate Sustainability Due Diligence Directive (CSDDD), and its implications for Uganda’s access to EU markets, specifically the timber, coffee, cocoa, fish, and floriculture sectors, the Civic Space and Human Rights Defenders, Emerging trends in the Oil and Gas sector, the digital rights in the context of Business and Human Rights and Labour Rights in the context of Business and Human Rights.

The symposium is expected to yield enhanced stakeholder awareness of the implications of new frameworks, including the African Continental Free Trade Area (AfCFTA) Agreement, National Action Plan on Business and Human Rights and the EU Corporate Sustainability Due Diligence Directive, enhanced awareness of the impact of transnational Co-operations on human rights especially in plantation agriculture, extractive and digital spaces, increased stakeholder engagement on the responsible business conduct framework, strengthened commitments to effective policies, legislation, regulations and institutional mechanisms for business and human rights.

On Day Two of the symposium, Witness Radio Uganda, a co-convener, will release its latest report on forced land evictions in Uganda. The report will highlight the ongoing struggles faced by poor and marginalized communities. To stay updated on all developments during this year’s symposium, tune in to Witness Radio for full live event coverage.

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EACOP activism under Siege: Activists are reportedly criminalized for opposing oil pipeline project in Uganda.

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By Witness Radio and Südnordfunk teams.

Close to 100 activists have been criminalized this year for speaking out about the harm caused by the East African Crude Oil Pipeline (EACOP) project in Uganda. The EACOP has already caused significant social harm to communities hosting the project, and it is projected to further damage the environment.

The EACOP is a planned 1,443km pipeline stretching from Hoima in Western Uganda to the port of Tanga in Tanzania. It is expected to transport crude oil from Uganda’s Tilenga and Kingfisher oil fields to export markets. Key stakeholders in this venture include Total Energies, the China National Offshore Oil Corporation (CNOOC), and the governments of Uganda and Tanzania.

In Uganda, hundreds of families have already lost their land to the project through the government’s compulsory land acquisition. Many had refused to accept the compensation, arguing it was inadequate compared to the size and value of the land taken but the government, in some cases, has forcibly acquired it. Meanwhile, those who also accepted compensation and surrendered their land have reported that the project has driven them deeper into poverty.

The social harm already inflicted on these communities, coupled with the impending environmental destruction, has sparked a massive rise in anti-EACOP activism, both within Uganda and internationally, with growing opposition to the project.

In August, Global Witness reported that at least 96 people, alone in Uganda had been detained in the past nine months, highlighting the increasing repression faced by environmental and human rights defenders who stand against the pipeline and its impacts.

Bob Barigye cannot be excluded when discussing EACOP activism and the fight for environmental justice in Uganda. Once a biology and chemistry teacher, Barigye has since turned into an activist and has been criminalized for opposing the controversial EACOP project. He is among the many activists targeted for standing up against the environmental and social impacts of the oil industry in Uganda.

“I have been arrested more than six times now”. Barigye revealed.

The escalating arrests result from activists revealing the darker side of the project once implemented, facts that the government and other project implementers are not interested in acknowledging. Their efforts to expose the environmental and social impacts of the project have continued repression.

“Our crime has always been trying to talk about the effects, trying to petition embassies, trying to report, trying to talk to government officials about the dangers of the project that they badly want to invest in. We have encountered with the Chinese embassy where we have been arrested three times with other activists trying to deliver a petition,” the activist revealed in an interview with Surdinordfunk.

The most common accusations against the Stop EACOP activists such as common nuisance, incitement to violence, and most recently, unlawful assembly are seen by the activists as deliberate attempts to weaken their efforts in challenging the environmental harm caused by the project. This makes the activists feel isolated in their struggle.

“They have made us seem like criminals, they have made us seem like unserious people. I have been taken to court twice, and the charges that they have always preferred against us are dubious and dehumanizing. Because the common charge that they normally charge us is a common nuisance, you are taking a report to a government body, but when you are arrested, you will be arraigned in court as a common nuisance.” Barigye further added.

Activists assert that these charges are false, pointing to the recent dismissal of cases due to lack of evidence as proof. For instance, in November 2023, incitement to violence charges against nine young environmental activists were dropped. Earlier, in January 2023, human rights defenders Barigye Bob, Ivan Kabale, Musoke Hamis Walusimbi, and Ssemwanga Jackson were re-arrested and similarly charged with incitement to violence and common nuisance. However, their case was dismissed for want of prosecution, further reinforcing the activists’ claims that these charges are fabricated.

It is not only in Uganda where those campaigning against the oil project are living dangerously. But also, in neighboring Tanzania where oil is to be transported. Richard Senkondo leads the Organization for Community Engagement (OCE) there. At the World Climate Change Conference in Dubai in November 2023, he addressed the problematic consequences of EACOP in his country. However, this didn’t go well with him upon his return back home from COP 28.

“I didn’t know the government was censoring me. Immediately after returning on the 4th of December to Tanzania, I found out that I had been summoned to one of the infamous police stations in Dar es Salaam. That police station is typically known and has recorded a high number of torture and complete disappearances of people who criticize the government.

According to Mr. Senkondo, after receiving the summons, he had to flee Tanzania to save his life. “I was ordered immediately to vacate to Kenya. Up to now, I have not been able to reunite with my family because there is still a lot of hunting and searching for me, but I have stood very firmly against the challenges,” he added.

Standing up against the oil project and for justice demands a lot from activists in Tanzania and Uganda. Also, the lawyers representing the Stop-EACOP activists and the affected community members report being threatened.

“Some of us have received letters, telling us to back off the cases or they prefer charges of defamation on their companies against us individually. But because we believe that the information and the knowledge we use, the evidence we use is direct and correct. So even if they prefer such kind of defamation cases, we are not scared because we have the evidence-based information, that is real and well known to everybody.” Lawyer Kato Tumusiime revealed this in an interview with Surdinordfunk.

The aim of the threatening letters, arrests, and lawsuits is to silence the voices against the oil development activities. Activist Barigye says that young people in particular who still live with their parents, are intimidated by this. Women are also increasingly deterred by police violence and social stigma:

“Most of them are married. Most of them have children. So, in case a charge like a common nuisance is provided against this person, it is the way that he will be viewed in the community. Because if you are being arraigned before court, if you are being harassed as a woman, being arrested the way they arrest us, being beaten, bangled on police pickups, there is that kind of dignity and psychological torture that it brings to them. And it has discouraged most of them.” Barigye added.

But, lawyers and activists are now discovering that the unending arrests of those opposing the EACOP Project are being sponsored by the oil companies involved in the project. They believe that companies like Total are directly funding these arrests to suppress opposition to their operations.

“Of course, these kinds of arrests, I believe, are sponsored directly by the oil companies here that we have in Uganda, including Total itself. Yes, obviously, most of the arrests, including of the activists themselves and the PAPs that are affected by the whole project are sponsored directly by those companies. When you go ahead and follow up on those cases, you find the representatives of those companies also at different police stations or even attending different court sessions to find out what is transpiring about these cases. So that one is a clear and a green light to show that these companies are directly involved and sponsoring these kinds of arrests,” counsel Tumusiime further mentioned.

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