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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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A 29th Insurance Company withdraws support for controversial EACOP Project.

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By Witness Radio team

In another positive development for climate activists fighting against the financing of the controversial East African Crude Oil Pipeline (EACOP) due to its environmental impacts and human rights violations, Witness Radio has learned that a 29th insurance bank has withdrawn its funding from the project.

On 4th March 2024, major insurer Probitas1492 confirmed that it won’t insure a major ‘carbon bomb’ project – the East African Crude Oil Pipeline.

Probitas’s Chief Executive Officer, Ash Bathia, has publicly pledged that his company will never insure in the project. Speaking to Extinction Rebellion, a non-partisan movement advocating for action on the Climate and Ecological Emergency through non-violent direct action and civil disobedience, Bathia confirmed that Probitas currently does not provide any insurance support for the East African Crude Oil Pipeline and has no intention of doing so in the future.

Critics of the project have been advocating for the cessation of funding and support to the EACOP project due to its significant climate impacts, large-scale displacement of communities, and grave risks to protected environments, water sources, and wetlands associated with the project and would transport oil generating over 34 million extra tons of carbon emissions each year.

“Underwriting these projects would not be following our ESG policy. We would like to clarify that our stance on the above was already a matter of company policy and has not changed following the recent protests and criminal damage caused during the XR protests.” Bathia maintained.

Shortly after Probitas declared its withdrawal from funding the EACOP project, the #StopEACOP global campaign swiftly responded on its X account, “We want to congratulate Probitas on choosing not to insure the East African Crude Oil Pipeline. This pipeline, if it goes ahead, will devastate local habitats and create highly dangerous levels of carbon pollution.

Probitas becomes the 29th insurance company to rule out EACOP and the 6th insurance company to do so in the same project in this year 2024. In January 2024, leading (re)insurance companies SiriusPoint, Riverstone International, Enstar Group, and specialty insurers Blenheim and SA Meacock; officially ruled out involvement in the controversial East African Crude Oil Pipeline (EACOP) project citing, pollution and human rights risks it poses.

The EACOP project has triggered significant concerns among communities and civil society groups due to its detrimental impacts on thousands of individuals in Uganda and Tanzania. The most affected have been the Project Affected Persons (PAPs) and human rights activists who stand against the project.

Reports have highlighted numerous cases of land grabbing, the displacement of host communities, inadequate compensation, poor resettlements, and the troubling trend of harassing and arresting community leaders and rights activists.

The East African crude oil pipeline (EACOP) runs 1,443km from Kabaale, Hoima district in Uganda, to the Chongoleani Peninsula near Tanga Port in Tanzania. The main backers of the multibillion-dollar project are the French oil company TotalEnergies and the China National Offshore Oil Corporation (CNOOC).

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Ugandan Activists Face Criminal Charges Following Pipeline Protest

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More than 30 environmental and human rights defenders, many of them students protesting the East African Crude Oil Pipeline, have been arrested in Kampala and other parts of Uganda since 2021. Photo courtesy of Phototheque AT.

Human rights watchdogs sound alarm on crackdown on environmental advocates in the East African nation.

IN UGANDA, the climate crisis poses a real and present threat to citizens. So too does the act of protesting against climate-polluting projects, due to the state’s brutal crackdown on climate activists.

That threat is being felt by 11 young climate activists, all of the them Kyambogo University students, who have been embroiled in Uganda’s criminal-legal system since late last year. The students were arrested while protesting against the controversial East African Crude Oil Pipeline (EACOP), a 1,443-kilometer pipeline that will transport crude oil produced in Uganda’s Lake Albert oilfields to Tanzania’s port of Tanga for export.

The most recent crackdown came on Dec. 15, when four activists, members of Justice Movement Uganda, were arrested — and, they say, beaten — by security forces during a peaceful march to deliver a petition to the country’s parliament. The petition asked parliament to halt the pipeline project and free seven of their colleagues who were arrested in November and locked up in the country’s Luzira Maximum Security Prison.

“My friends and I, numbering over 50 students, marched from our hostels of residence to parliament, but only a few us managed to reach the gate of the parliament because we were attacked by police from the start,” Bwete Abdul Aziiz, one of the four students arrested on Dec. 15, told Earth Island Journal. The 26-year-old Kampala resident was separated from the main body of protesters along with a few other marchers. Although this separation helped the smaller group reach the grounds of the parliament, it led to their alleged assault and arrest by Ugandan security forces.

“They kicked us all over our body and slapped us repeatedly,” Abdul Aziiz said of the assault. The security forces then drove the activists to the Central Police Station, where they were detained for four days. On Dec. 19, the same day the first group of seven protesters gained their freedom, Abdul Aziiz and three others, Lubega Jacob, Lutabi Nicolas, and Kalyango Shafik, appeared in court on the charge of causing public nuisance, which carries a maximum sentence of one year imprisonment. From there, they were remanded to Luzira, where they spent the holidays. It was not until Jan. 10 that they able to obtain a bail. They appeared in court on March 11, and are due back on April 17 for further hearing.

Since their release on bail, the activists say they have been receiving anonymous calls often accompanied by threats of physical harm unless they stopped campaigning against TotalEnergies. The French energy company, together with the China National Offshore Oil Corporation (CNOOC) and Tanzania State oil companies, is currently building the pipeline.

“Ever since we got bailed out, life has not been the same, due to continuous threats from unknown people, and we have been shifting our places of residence over and over due to fear for our safety,” says Abdul Aziiz. He has since lost his job, which he relied on to support himself, his two siblings, and his mother, and to pay his tuition at Kyambogo University where he is pursuing a bachelor’s degree in Arts and education.

THEIR ORDEAL, analysts say, demonstrates the incredible odds faced by Ugandan climate justice activists trying to stop a massive fossil fuel project in a continent that is on the frontlines of the climate catastrophe. “What has been happening is that the judicial system is harsh for those against the project, like any other advocates who asks question about governance issues in the country,” a Ugandan oil and gas expert, who wishes to stay anonymous due to the sensitivity of the matter, told the Journal.

Under the leadership of President Yoweri Museveni, a staunch backer of EACOP, climate activists in Uganda regularly report being threatened, harassed, and prosecuted. At least 30 environmental and human rights defenders, many of them students, have been arrested in Kampala and other parts of Uganda since 2021, according to a November report by Human Rights Watch, which was published before the November or December arrests.

“The illegal arrests and fake trials of activists who are protesting against EACOP is part of the government and oil companies’ strategy to instill maximum fear among Ugandans so that no one questions the excesses happening in the EACOP plans,” Dickens Kamugisha, CEO of public policy research and advocacy group AFIEGO-Africa Institute for Energy Governance, told the Journal. “In effect, the arrests and trials have no legal basis but just evil objectives to continue shrinking the civic space.”

Once described as a mid-sized carbon bomb by the Climate Accountability Project’s Richard Heede, the EACOP, which will cost an $5 billion to construct, comes with six pumping stations to maintain the oil flow and pressure in the pipeline (two in Uganda and four in Tanzania). It will terminate at Tanzania’s coastal city, Tanga, with a terminal and jetty from which crude oil will be loaded onto tankers. It is expected to be operational by 2025, and if completed, would be responsible for 34 million tons of carbon emissions per year for some 25 years.

Human Rights Watch has warned that the oil pipeline has already “devastated thousands of people’s livelihoods in Uganda” by displacing them from their homes “and will exacerbate the global climate crisis.” The project passes through multiple ecologically sensitive areas in Uganda and Tanzania and requires land acquisitions covering some 6,400 hectares. Consequently, villagers have reported cases of land grabbing, displacement, disruption to families and villages, and unfair and inadequate compensation for losses.

Impacted communities say the Ugandan state has enabled TotalEnergies in violating their rights. Nyakato Magreat, a single mother from Kasinyi village in Buliisa District, which had previously rejected TotalEnergies plan to make use of their lands, provided an example of the government’s role. Speaking at a mock tribunal organized by a coalition of civil societies, Make Big Polluters Pay (MBPP), last May, she recounted how soldiers invaded their village to force them to back down.

“The Hon. Minister for lands came to our community with many soldiers who were carrying guns, and most of us accepted the compensation amount of UGX 3,500,000 ($905) per acre, which we had earlier rejected out of fear. Total then gave me a small one-bedroom house on a small plot of land, despite my large family,” she said.

A December report by international NGO Global Witness also outlines evidence that TotalEnergies has been involved in efforts to intimidate impacted communities to accept offers for their land. The report documents cases where community members say they were forced to sign agreements without a chance to read them, as well as cases where armed security forces accompanied company and government officials making the compensation offers, pressuring them to sign.

TotalEnergies has denied involvement in the arrests of climate activists or pressured disposition of lands. In response to request for comment, the energy company said that it is committed to respecting internationally recognized human rights and standards anywhere it operates. A similar request for comment sent to the Ugandan Police Force went unanswered as at press time.

But activists continue to insist that the company is an accessory to violations committed by the Museveni government. “I think that the actions of Total and others amount to aiding and abetting injustices. By virtue of contract with the government, they have powers and can walk away if the other party/government violate people’s rights,” Kamugisha said via text. “But they are enjoying the outcomes of violence, displacements, and fear created.”

The Ugandan activists are not alone in their experience. Around the world, environmental activists face serious threats of violence as they defend their lands and the climate. What’s more, governments are increasingly criminalizing peaceful protest by climate protesters. That includes through the enactment of new anti-protest laws in places like Australia, the United States, and the United Kingdom, and the enforcement of existing ones in places like Germany, Italy, France, India, and Egypt.

“EACOP IS A TIME BOMB which needs to be stopped as soon as possible due to the environment hazards and social violations it encompasses,” Mpiima Ibrahim, a climate activist and student of Kyambogo University, told the Journal. The 22-year old, who escaped arrest during the march in December, believes that although “many people say it is a pathway to development, EACOP is actually a pathway to extinction, since science has made it very clear that we have approximately one decade to cut down our global emissions before we face severe climate catastrophe.”

Despite contributing only 2 to 3 percent of the world’s greenhouse gas emissions, Africa continues to experience extreme weather events ranging from floods to droughts and to heatwaves, which leave a trail of destruction and fatalities. Last year, Libya’s storm-fueled flood claimed over 11,300 lives in September.

At around the same time, more than 3,000 people lost their lives due to flash floods in the Democratic Republic of the Congo and Rwanda, and at least 860 people were killed in Tropical Cyclone Freddy, which affected Madagascar, Mozambique, Mauritius, Malawi, Réunion, and Zimbabwe, according to reports. Today, over 29 million people continue to face unrelenting drought conditions across Ethiopia, Somalia, Kenya, Djibouti, Mauritania, and Niger.

All of which is why, amidst the brutal crackdowns, Ugandan climate activists are not backing down. “Everyday we make sure that we are doing something to stop this deadly project,” Abdul Aziiz says, “and our goal is to see that climate justice prevails and climate destroyers must be punished.”

Original Source: earthisland.org

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Insurance firms should shun the East African Crude Oil Pipeline

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Police officers detain a Ugandan activist during a demonstration on September 15, 2023, over plans to build the East African Crude Oil Pipeline (EACOP), in Kampala, Uganda [File: Abubaker Lubowa/Reuters]

The project is already devastating local communities and will contribute to climate change if completed.

Last year was the hottest on record, with extreme weather events in many corners of the globe. It was also the year in which countries reached a landmark agreement at the UN Climate Conference (COP28) to begin “transitioning away from fossil fuels”.

If governments are to comply with this agreement and avert global climate collapse, there cannot be any new expansion of coal, oil and gas production. This includes the East African Crude Oil Pipeline (EACOP), one of the largest and most controversial fossil fuel projects currently under development.

Financing for EACOP is yet to be secured, but if it is and the project moves forward, a 1,443km (897-mile) pipeline will stretch from oil fields in western Uganda to the port of Tanga in eastern Tanzania.

The project’s completion would not only contribute to increased greenhouse gas emissions which fuel climate change but also harm local communities. That is why, Human Rights Watch is calling on insurance firms to stop providing support for it.

The pipeline is planned to traverse some of Africa’s most sensitive ecosystems, including Murchison Falls National Park and the Murchison Falls-Albert Delta Ramsar site. Pipeline ruptures, inadequate waste handling, and other pollution impacts would cause significant damage to the land, water, air and the species that rely on them.

Our research found that the project’s initial land acquisition process has already devastated thousands of people’s livelihoods in Uganda, causing food insecurity and household debt that has resulted in children dropping out of school.

During our interviews with local communities, many described being largely self-sufficient before the project began, using revenue from coffee, bananas and other cash crops to pay for school fees and other household expenses. When their land was allocated for the pipeline construction, they were not compensated immediately for it.

They waited an average of three to five years after the land evaluation process took place, and interviewees repeatedly told Human Rights Watch that the payments they received were not adequate to purchase replacement land. They said they were worse off than they were previously.

While they were waiting for compensation, many farmers understood that they were not permitted to access their land to tend perennial crops, and were therefore deprived of crucial income.

Residents described how the payment delays impacted their food security, pushing them to sell household assets, including livestock, or borrow money from predatory lenders at excessive rates to buy the food they would have previously grown on their plots and cover other expenses. This has left many families poorer and more insecure about their future.

If the pipeline is completed, more than 100,000 people in Uganda and Tanzania will permanently lose land to make way for it.

Civil society groups in Uganda and Tanzania have called for the pipeline not to be built, citing climate, environmental and social risks. Ugandan civil society groups say that, instead of building the pipeline, the Ugandan government should develop its abundant renewable energy resources – particularly solar and hydropower – to drive economic development and secure access to energy without further contributing to climate change.

Their demands have been met with hostility from the Ugandan authorities. Our research documented the Ugandan government’s systematic harassment, arbitrary arrests of and threats against environmental defenders and anti-fossil fuel activists for raising concerns over the pipeline project and oil development.

In this context, it is deeply troubling that insurance companies are enabling this and other big fossil fuel projects by providing insurance for them. This is despite the fact that new oil projects are wholly inconsistent with limiting global warming to 1.5 degrees Celsius and avoiding the worst consequences of climate change.

In late 2023, Human Rights Watch wrote to 15 insurance and reinsurance companies and shared our findings on the grave environmental and human rights risks associated with the pipeline. Only two companies – Lloyd’s of London and Chubb – responded to us, and neither agreed to reassess their involvement in the project.

In early March, civil society groups across the world organised a global week of action to end fossil fuels, including confronting insurance companies about their role in the climate crisis and asking them to rule out support for fossil fuel projects. Anti-fossil fuel activists held peaceful protests at regional offices of the insurance companies still involved in the East African project with the message: “Insure our futures, not fossil fuels.” Increasing numbers of insurers have made public commitments to not underwrite the pipeline, but others have persisted.

Continued support for EACOP is a mistake. By underwriting the project, insurers are helping to build the longest heated oil pipeline in the world at a time when the world is warming at dangerous levels. Insurance companies should refuse to support this project.

Original Source: Aljazeera

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