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UPDF General, District Police Commander, and Presidential Representative defy Court summonses for the second time as DPP takes over the EACOP-PAP’s case.

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By Witness Radio team.

The office of the Director of Public Prosecutions in Hoima has taken over the private prosecution case filed by Arinaitwe Peter and Company Advocates on behalf of an East African Crude Oil (EACOP) Project affected community against the Army General, Presidential Representative, District police Commander, and 10 others accused of violently and illegally evicting over 2500 lawful residents from their land they had called home for decades.

On 11th/09//2023, the East African Crude Oil Pipeline (EACOP) Project-Affected Persons (PAPs) started a private criminal proceeding against the thirteen suspects including Brig. Gen. Peter Akankunda Nabasa, Gafayo Ndawula William, Kyakashari Micheal, one Oketcha Micheal, Bogere Jackson, one Kiiza Nathan Byarugonjo, one Oromo Luzira, a Local Council One Secretary for Runga, one Mukindo Bosco, Okethi Bosco, Oming Jacob, Muswa Micheal, Kawiya Henry, Ningaling Joseph, and others still at large in an effort to hold them accountable for their criminality and human rights violations committed during the Kapapi brutal evictions.

Criminal case file no. 877 of 2023 at Hoima court contains various criminal offenses namely; sexual abuse, rape, criminal trespass, arson, looting properties, battering people, and forcefully evicting residents from their homes, which constitutes a violation of the non-derogable right to freedom from torture, cruel, inhumane, and degrading treatment, as guaranteed under Article 23 And 44 of the 1995 Constitution of the Republic of Uganda.

The court session, scheduled for 9 am, faced a delay due to the state attorneys’ late arrival caused by prior engagements. Despite this, the Court commenced proceedings and began by addressing an application submitted by the ODPP on October 10, 2023. This application aimed to grant the ODPP permission to take over the prosecution, citing constitutional mandates and legal provisions.

During these proceedings, key figures including the Army Gen. Brig. Gen. Peter Akankunda Nabasa, Presidential representative, Kyakashari Micheal, and District Police Commander Bogere Patrick, among others, defied the Court’s second summonses issued against them to present themselves before Court. Simultaneously, several other individuals related to the case including Gafayo William, a Hoima-based businessman, Oketcha Micheal, Orumu Luzira, and Oming Jacob were present in Court.

Lawyers for the EACOP community objected to the ODPP’s involvement, raising concerns about potential biases, lack of transparency, the application’s failure to meet the standards outlined in Article 120, Clause 4(a) of Uganda’s Constitution, and the DPP office’s past alignment with the accused. The defense highlighted instances where the ODPP allegedly favored the accused, disregarding serious complaints filed by the community and even resulting in the wrongful imprisonment of the complainants.

“The very office seeking to take over this case was previously instrumentalized by the accused individuals to criminalize the complainants, resulting in the complainants being charged with multiple offenses and imprisoned for periods ranging from three to five months. Moreover, this same office has failed to act on filed cases and complaints by community members against the suspects. For instance, a reported gang rape case at Kitoba police referenced HMD-GEF-003 of three women belonging to the Kapapi community where the 4 suspects include; the District Police Commander, remain unaddressed. How can trust be placed in an entity that has previously been utilized in a manner seemingly benefiting the accused, while overlooking serious complaints filed by the community?” Lawyer Arinaitwe Peter who represented residents asked Court. 

In their rejoinders, the DPP’s office, led by state attorneys Catherine Nakaggwa and Crispus Ceaser Naloda, reiterated that the Director of Public Prosecutions (DPP) holds the right to appear in any court proceeding, regardless of the stage of the trial initiated under private prosecution emphasizing the DPP’s authority to orally address the court regarding their intention to assume control of the ongoing criminal proceedings.

In addressing concerns about impartiality and transparency, the attorney stated that the lawyers representing the victims will be closely monitoring the proceedings to ensure clarity and fairness. They emphasized that the victims’ legal representatives will “watch a brief,” allowing them to observe and comprehend every step taken by the DPP’s office as they execute their mandate.

While giving her ruling on the submissions, Grade One Magistrate Stella Mwali of the Hoima Court referenced Article 120(3)(c), which grants the Director of Public Prosecutions (DPP) the authority to assume control and proceed with any criminal proceedings initiated by another individual or authority to grant their request.

“The charges are criminal in nature and the court sees no powerful reason to object the DPP’s office from taking over this case and exercising its mandate.” Her worship said in a ruling.

The 13 accused persons and their agents in the wee hours (1:00 AM) local time on February, 10th 2023, raided people’s homes with dozens of unidentified armed individuals, donning Uganda Police Force (UPF) and Uganda People’s Defense Force (UPDF) uniforms. 

Acting under the orders of DPC Bogere and Brigadier Nabasa, along with armed guards affiliated with Magnum, a private security company fired tear gas and live bullets into their houses, sexually abused women, set people’s houses ablaze, physical assaults, kidnaps, looted livestock, and food items and forced eviction of over 2500 people from their land.

The actions of the accused led to the grabbing of 1294.99 hectares of land that were being lawfully occupied and cultivated by thousands of locals in the villages of Waaki North, Kapapi Central, Waaki South, Runga, and Kiryatete within Kapapi and Kiganja sub-counties in Hoima district 

Their actions were aimed at positioning themselves to benefit from compensation related to the community’s land, earmarked for an EACOP (East African Crude Oil Pipeline) project scheduled to be developed on this territory.

The private prosecution case of the 13 suspects will re-appear in the same court on the 19th of December 2023 with plea taking.

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Witness Radio petitions chief prosecutor: Want 34 community land rights defenders and activists released from prison.

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By Witness Radio team.

In the Hoima District, Western Uganda, an urgent and immediate action is crucial to halt an ongoing land grab. The work of community land rights defenders, activists, and local leaders has unfortunately been criminalized, with thirty-four (34) people from Rwobunyonyi, Kirindasojo, and Kihohoro villages falsely accused and sent to different prisons in the Hoima district.

Criminal files No. CRB 330-2022 has Busobozi Patrick, Kaija Phillip Osborn, Mbabazi Isaya, Wembabazi Denis, Tumusiime David, and Abitegeka David charged with aggravated robbery, while the CRB 84-2023 file has Magezi Lawrence, Kaahwa Nelson Komugisa Junior, Mugenyi Vincent, and others on murder charges. The files have been established to gang the work of community defenders and activists.

According to sections 189 and 286 (2) of the Penal Code Act cap 120, both offenses carry the death penalty upon conviction.

As observed above, community land rights defenders, activists, and local leaders have been targeted since 2022. The number of targeted defenders keeps on growing. Sadly, those who have been remanded to prison are still waiting for their cases to be tried, which is tantamount to judicial harassment and persecution.

Witness Radio findings indicate that one Fred Kato Mugumba allegedly orchestrated the land grab. He is backed by officials from Hoima police, Hoima district Office of Director of Public Prosecution (ODPP), and judicial staff. Mugambe and his accomplices aim to evict over 500 small-scale farming families from their ancestral land.

If the land grab is successful, the community will suffer a devastating loss of 800 hectares of land used for food cultivation. This loss will lead to children dropping out of school, families breaking apart due to lack of resources, and a significant increase in food insecurity, hunger, poverty, and illiteracy levels in Uganda.

The affected communities have a deep-rooted connection to the land, having lived on it for over 50 years without disruption. The ongoing persecution by Mugamba and his agents is, therefore, particularly shocking and unjust.

The same land almost ended the life of Junior Lands Minister Sam Mayanja, who was targeted with gunshots when he visited the contested land on August 24, 2023, to protect land grab victims. The current situation highlights the urgent need for intervention from a powerful office.

Witness Radio has, among other interventions, petitioned the Director of Public Prosecutions (ODPP) and urged the Chief Prosecutor’s office to call the file from Hoima High Court.

The office of the DPP is a constitutional body mandated to direct police to investigate any information of a criminal nature, institute criminal proceedings against any person or authority in any court other than a court-martial, take over and continue any criminal proceedings instituted by any person or authority, and discontinue at any stage before judgment any criminal proceedings.

Uganda is experiencing an influx of land-based investments, which have fueled land-grabbing tendencies and criminalization of community land rights and environmental defenders and activists’ work.

In the petition, Witness Radio alleges that Fred Kato Mugamba fabricated these charges in collusion with John Angwadya, a former local council member and chairperson of one of the targeted villages, Rwabunyonyi, as part of a strategy to facilitate the unlawful eviction of the community from their land.

“It is deeply concerning that the accused remain in protracted detention despite the constitutional guarantee of a fair and speedy trial and right to liberty. This is a clear violation of defenders’ fundamental rights and raises serious concerns about the criminal justice system’s integrity in this matter. The prolonged delay in their trial and the apparent ulterior motive behind the charges necessitate immediate intervention to prevent the miscarriage of justice,” the petition reads in part.

Despite multiple attempts by the community to engage various stakeholders, including Hoima’s district leadership, the Hoima District Police, the State House Land Protection Unit, and the State Minister for Lands, Dr. Sam Mayanja, their efforts have been futile. Instead of finding justice, those who resist are met with criminal charges and continued evictions, leaving many families landless and helpless.

“The efforts of our clients and community individuals engaging the different offices are viewed as a threat to the evictors, hence fabricating different charges against the accused persons to pave the way for the land grabbers to occupy the land in the absence of the accused persons. It is evident that the pending charges of murder and aggravated robbery are being made as a tool to harass and deprive our clients and family members,” the petition further reads.

In the petition to the Director of Public Prosecutions (DPP), Witness Radio has called for an urgent review of the circumstances surrounding the arrests and prosecutions of the accused. Witness Radio is requesting the issuance of a Nolle Prosequi to quash the charges and the immediate release of the prisoners.

The organization also demands that the case be expedited to prevent further unwarranted deprivation of liberty and calls for an independent investigation into any potential abuses within the criminal justice system.

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The joint final review of the National Land Policy 2013, a significant and collaborative effort between the government and Civil society organizations, is underway.

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By Witness Radio team.

Under the leadership of the Ministry of Lands, Housing, and Urban Development (MLHUD), and in partnership with Civil Society Organizations (CSOs) led by Participatory Ecological Land Use Management (PELUM), a crucial final review of the National Land Policy (NLP) 2013 is taking place in Kampala.

The Consultative event is a unique and empowering opportunity for all land actors to actively contribute to shaping Uganda’s land governance framework. It seeks to engage CSOs in shaping reforms in the much-awaited National Land Policy, addressing pressing land-related concerns such as land grabbing, promoting equity in land access, and enhancing strategies for sustainable land management.

The land ministry is expected to present a revised 2024 draft of the basis for discussion and obtaining valuable input from land actors and PELUM Uganda members to boost the policy framework.

Uganda first adopted the National Land Policy in 2013 to ensure the efficient, equitable, and optimal utilization of land and land-based resources for national development. Grounded in principles drawn from the 1995 Constitution and other macro-policy frameworks such as Uganda Vision 2040 and the National Development Plan (NDP), the NLP has served as a comprehensive guideline for Uganda’s land ownership and management.

With a decade of implementation behind it, the Ministry of Lands, Housing, and Urban Development is now reviewing the policy to integrate emerging trends and challenges. This review is crucial as it will ensure the policy’s relevance in the evolving land governance landscape, directly impacting your daily lives. The consultation process underscores the government’s unwavering commitment to inclusive decision-making by involving civil society and key stakeholders in policy formulation, ensuring everyone’s voice is heard and valued.

The event will be broadcast live on Witness Radio. To listen live, download the Witness Radio App from the Play Store or visit our website, www.witnessradio.org.

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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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