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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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Public development banks are a disaster to the Global Development Agendas – activists and CSOs.

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By Witness Radio team.

September is traditionally a busy time in Uganda’s farming calendar. Farmers are busy weeding their plantations, and cattle keepers rejoice as their grasslands thrive, providing abundant feed for their livestock.

A photo of a burnt grass-thatched house belonging to a community defender in Kiryandongo District.

However, this is different for the community land rights defender Kaliisa Joseph. Instead of enjoying the fruits of his labor, he is now in distress. On September 5th, 2024, Kaliisa’s home was set ablaze, and household items worth more than 1.5 million Ugandan shillings were destroyed. His kraal, which housed over 60 cattle, was also demolished by workers from Agilis Partners, a U.S.-based multinational grain development company in Kiryandongo District.

Joseph Kaliisa, a community land rights in the Kiryandongo district, has been actively engaged in mobilizing his community of more than 3000 residents to push back Agilis Company’s illegal land eviction in the Kiryandondongo district. His home has been repeatedly raided, his crops destroyed, and his animals impounded by the multinational company, which accuses Kaliisa and the people he defends of occupying the land illegally. However, information from Witness Radio indicates that the communities have legal rights to the land.

According to eyewitnesses, these events occurred on Thursday, September 5th, 2024, while Kalisa and his family were away grazing their cattle. Kalisa, who should have been reaping the benefits of his land, now finds himself unable to cultivate or graze freely.

“I can’t use my land as I used to,” Kalisa said. “Whenever I take my cows for grazing, they are seized by the company, and I have to pay 50,000 Ugandan shillings for each cow seized to get it back. Last week, they came and destroyed everything.”

Agilis Partners Limited is receiving multiple financing from different public development banks (PDBs). It has used these funds to displace local communities.

However, whenever the company receives these funds, there is usually a sharp increase in violent land evictions and cattle seizures in Kiryandongo, alongside widespread human rights violations/abuses.

Agilis Partners, owned by U.S. twin brothers Phillip and Benjamin Prinz, has continued to benefit from other funding sources, including the Dutch Oak Tree Foundation, DOB Equity, the United Nations Common Fund for Commodities, the U.K.’s DFID-funded Food Trade Programme, and Vested World.

Kalisa is just one of the millions affected by these public development banks’ (PDBs) funding for companies like Agilis. These communities face illegal evictions, escalating violence, and environmental degradation, all supported by PDBs.

A recent report titled Demystifying Development Finance by 100 Global South activists and civil society experts reveals how PDBs fuel human rights violations, environmental destruction, inequality, and debt in the name of development.

The 52-page report highlights how PDBs, including the World Bank, the Asian Development Bank (ADB), and the Inter-American Development Bank, are driving projects that harm people and the planet and are said to be holding a massive amount of countries’ debt based on a series of eye-opening case studies, data, and critical trend analyses.

According to the report, the available official statistics show that the most significant percentage of PDB financing currently goes to financial services, public administration, trade, energy, transportation, and infrastructure. A significantly lower but significant percentage goes to investment in social sectors such as health, education, housing, water and sanitation, and agriculture.

While some PDBs offer grant-based assistance, most financing comes through loans, often at high interest rates. Like Chinese PDBs, these loans sometimes come with shorter repayment periods. Even institutions like the World Bank’s International Development Association (IDA), which offers concessional loans to the lowest-income countries, are criticized for contributing to debt crises in the Global South.

In 2023, during the Finance in Common Summit (FICS), over 35 civil society activists from more than 20 countries came together to challenge the claims of the world’s largest development banks. These banks present themselves as champions in the fight against climate change and poverty, but activists argue that their projects often exacerbate the problems they claim to solve.

“Development banks are advocating for a bigger role in the global economy,” said Ivahanna Larrosa, Regional Coordinator for Latin America at the Coalition for Human Rights in Development. “But are they truly fit for this purpose? Unfortunately, the stories of communities worldwide show us that development banks are failing to address the root causes of the problems they claim to solve. We need to hold them accountable for this.”

The IFC’s involvement in projects like the Sal de Vida lithium mine in Argentina further demonstrates the problem. In the name of renewable energy, the project is displacing Indigenous communities and destroying fragile ecosystems. At the same time, local authorities, including the police and officials, align with the company to silence dissent by threatening and criminalizing local community leaders and the families living near the construction site.

The negative impacts of PDBs extend across the globe. In Kenya, PDBs have pushed for increased health sector privatization, leading to a divide between those who can afford care and those who cannot. Out-of-pocket healthcare spending in Kenya rose by 53% per capita between 2013 and 2018, deepening inequalities and hampering the country’s progress toward universal health coverage.

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EACOP: Uganda sues to evict landowners standing in way of regional pipeline

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Works at the Tilenga Development Project operated by TotalEnergies. Some landowners object to what they consider forced evictions with inadequate compensation. PHOTO | IPS

Uganda’s government is in a legal tussle with 112 landowners who are set to be displaced by the East African Crude Oil Pipeline (Eacop) as low-value payment, absentee landlords and a complex landownership system in some parts of the country delay compensation, causing a headache to the project developers.

Because of this, a Ugandan court will on September 16, 2024, hear a case in which the government has sued 80 people, seeking to evict them from their land in three districts within the Greater Masaka region on the route of the Eacop, whose developers are racing against time to meet the timelines set for the country’s first oil exports next year.

This week, two similar cases were also heard featuring landowners in Hoima and Kyankwanzi districts, which are part of the 296km Eacop stretch in Uganda, where at least 32 absentee landowners and others who rejected low-value compensation pose significant delays.

Energy Minister Ruth Nankabirwa, while addressing the media in Kampala last month, acknowledged the 112 cases “under consideration for compulsory land acquisition due to issues such as untraceable individuals, landowner disputes, refusal of compensation offers, and lack of legal title.”

Eacop officials told The EastAfrican that the project is entering a critical stage to start laying the pipeline, with early civil works almost complete.

Works on the 12 main camp persons yards (MCPYs) and six pump stations are ongoing, while the coating plant in Tanzania was commissioned in March, and 700km of line pipe has already delivered in Tanzania.

“Early civil works are ongoing in both Uganda and Tanzania,” Ms Nankabirwa said.

“In Uganda, work has been completed at three of the five MCPYs located in Hoima, Kakumiro, and Sembabule districts, while work continues at the MCPYs in Mubende and Kyotera districts.”

Stella Amony, communication lead at Eacop Ltd, the special purpose vehicle that is managing operations of the $5 billion project, said the first consignment of coated pipe “is to arrive in Uganda this month.”

But the pace of clearing the 1,443km Eacop route has been slower and dispute-ridden on the Uganda side, which is the shorter strict of the corridor, with only 96 percent of project-affected persons (PAPs) in the country having received compensation, compared with 99 percent in Tanzania.

The pipeline corridor spans 2,740 acres across 296km in Uganda, with 3,660 PAPs, while in Tanzania, it covers 10,081 acres across a distance of 1,147km, with 9904 persons eligible for compensation.

As the hearing of these lawsuits seeking to evict the landowners kicks off, some of the affected people who were sued for lacking a legal standing or a representative to process their families’ compensation have blamed their woes on NewPlan, the firm that was hired to implement the Eacop resettlement action plan.

The line pipes, which will be used for the East African Crude Oil Pipeline (EACOP), are offloaded from a ship in Dar es Salaam, Tanzania. Photo | Courtesy 

Sarah Namatovu, for instance, says her family was sued for lacking a legal representative or letters of administration to the estate after the rightful landowner died, and this required processing of a death certificate, which the resettlement action plan contractor promised to pursue.

“NewPlan came to our home in 2018 and informed us that the death certificate we have was not fit for purpose. This is because the certificate was not issued by the National Identification and Registration Authority,” she explained.

 “NewPlan promised to support us to acquire the right death certificate so that we could process letters of administration and get compensation, but they never did. The next thing we heard is that we had been sued because we rejected compensation, yet we did not.”

Activists say the majority of the landowners are women, the elderly, and persons with disabilities, who could become homeless if the courts grant the government’s prayers to evict the PAPs, with the government to blame for their failure to receive compensation arising from a complex land tenure system in parts of Uganda.

For instance, Peter Arinaitwe, a lawyer who represents some of the affected people in court, explained that government years ago directed the Administrator-General to stop issuing certificates of no objection and letters of administration for estates under Buganda Kingdom.

“The affected estates are those under the Succession Register in Buganda Kingdom. Matters relating to those estates are supposed to be administered by the kingdom,” he said, adding that because of that directive, it has been difficult for some people in Buganda to obtain certificates of no objection from the office of the Administrator-General to process letters of administration.

According to minister Nankabirwa, the government proposes to deposit the landowners’ compensation in court, pending the processing of legal documents that would facilitate access to their money.

Ministry of Finance officials tour an oil well in Buliisa District. Some oil wells at both Kingfisher and Tilenga have been drilled and more will be drilled ahead of 2025. PHOTO/file    

It is understood that most of the people affected by the Eacop lawsuits fall under this category, and their lawyer argues that even if their compensation is deposited with the court, the families will not access it without letters of administration.

“If affected people cannot access their compensation, yet the Uganda Constitution of 1995 says that government cannot take possession of citizens’ property before compensation, then the government will legally and morally have no right to use the land taken from the families without compensation,” said Dickens Kamugisha, CEO of the Africa Institute for Energy Governance.

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Govt sues 41 people for shunning sh711m EACOP compensation

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The East Africa Crude Oil Pipeline Affected Persons (PAPs) from Lwengo, Kyotera and Rakai districts at Masaka High Court where they were summoned over a compesation case.  The case is set for hearing on September 16 before Masaka resident judge, Justice Lawrence Tweyanze. (Credit: Dismus Buregyeya)

Prior. the Government also wants court to ensure vacant possession of 41 people on the said EACOP land and demanded demolition and eviction orders against them, among others.

MASAKA – A total of 41 people affected by the East Africa Crude Oil Pipeline Program (EACOP) from Lwengo, Kyotera and Rakai districts have been dragged to court for allegedly shunning sh711m compensation allocation for them to pave way for the project implementation.

Earlier Wednesday (September 11), Masaka High Court was jammed with 41 Project Affected Persons (PAPs) accompanied by their families, relatives friends and others from Non-Government Organisations.

The case was adjourned to September 16, 2024, by High Court Deputy Registrar Justice Roy Karungi after the trial Judge, Justice Lawrence Tweyanze was reportedly on leave.
Court heard that Justice Tweyanze had been recalled from his leave to handle the case on September 16.

The Masaka Senior State Attorney Imelda Adong who represented the Attorney General said the state is ready to proceed with the case on Monday, informing the court that the Government of Uganda had filed a case against 41 landowners whose land was compulsorily acquired for the East Africa Crude Oil Pipeline in Lwengo, Kyotera and  Rakai districts.

The government wants to be allowed to deposit the said EACOP Project Affected Persons’ (PAPs) compensation in court.

However, the PAPs rejected the said compensation (sh177m), citing low pay rates,  absentee landlords and disputes on their respective lands.

Prior. the Government also wants court to ensure vacant possession of 41 people on the said EACOP land and demanded demolition and eviction orders against them, among others.

Counsel Peter Arinaitwe who represents the PAPS said some of them had unresolved objection challenges pending the Administrator General Office since 2018 while others were still grappling with evaluation rates for their land.

He said the rights of the affected persons must be respected especially against evictions and displacement without consent.

Three legal firms including Counsel Jude Mbabali are offering free legal services to the 41 Project Affected Persons.

Source: New Vision.

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