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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Villagers displaced by Neumann Kaffee’s plantation face another land grab in Mubende, Uganda

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On August 18, 2001, the Ugandan army violently expelled over 400 local peasant families – 2,041 inhabitants – from their land in Mubende districts in the villages of Kitemba, Luwunga, Kijunga and Kiryamakobe. By way of these forced evictions, the Kaweeri Coffee Plantation Ltd., a subsidiary of the German Neumann Kaffee Gruppe, erected its first large-scale coffee plantation in Uganda, the largest of its kind in East Africa.

The evictees formed an association, ‘Wake Up and Fight for your Rights’, and have tried unsuccessfully ever since to gain some justice and compensation for their losses. A large number of the displaced families were forced to migrate to other parts of Mubende in search of lands where they could re-establish some small-scale farming. Many resettled on a 323-ha area of land covering the villages of Kambuye, Kikono, Kyabaana, Kanseera and Lwensanga.

Late in 2018, a Ugandan businessman named George Kaweesi started coming to the area. He told the resettled families and other local villagers that he met that he owned the lands they were living on. Many of the villagers had occupied this land for generations and had large farms of coffee and eucalyptus trees. But with no reasonable compensation offered, Kaweesi ordered them to immediately vacate ‘his’ land.

On October, 12th 2018, in the dead of the night, Kaweesi and a gang of hundreds of men armed with machetes, hoes, axes and sticks invaded the five villages and hacked and destroyed anything and anyone their eyes landed upon. Once the violence had subsided, one person was dead and over 3,000 others had been rendered destitute; cruelly stripped of dignity, deprived of shelter and a source of livelihood. 

On the apparent orders of Kaweesi and his armed gang, Mubende police, led by DPC Martin Okoyo, then arrested 28 of the victims – including community land rights defenders – and illegally detained them for weeks at Mubende Central Police Station. The victims were eventually arraigned before Mubende Magistrates Court, where nine charges were filed against them, including murder and aggravated robbery, before they were remanded to prison. The victims’ request for bail was rejected by Justice Joseph Murangira because “the land sale agreements they presented were of low value”. Since December 2018, these people have been on remand without trial.

In the meantime, Kaweesi and his bandits have since erected a makeshift camp on the victims’ land where they are now staying under the protection of police officers and a private security company as they clear the land for unknown purposes.

Only one family, headed by 31-year old Ssetimba John, still occupies their plot on the land Kaweesi is claiming. But John’s family, which includes his aged mother, siblings and young children, has nothing to eat because Kaweesi’s men destroyed all their food. John says he continues to receive threatening calls from Kaweesi, while his family members receive constant death threats from members of Kaweesi’s gang that routinely carry out night surveillance of their home. John says Kaweesi has been pestering him to accept UGX 2 million (about USD 539) to “facilitate” their move off their 80-acre piece of land on which they farm commercial crops and eucalyptus trees.

With the help of lawyers and a civil society organisation, John’s family and other victims of the illegal eviction petitioned Mubende High Court a few days ago, desperately seeking justice. However, the victims in prison have been blocked by prison officials from filing evidence in support of the Petition, allegedly due to orders from some judicial officers involved in the case.

There is also evidence of coordinated efforts to prevent the prisoners from receiving effective legal representation, including anonymous threats directed against the lawyers.

Information received by Witness Radio indicates that 28 community land rights defenders from the five villages are to be put on trial this September in a special criminal session, Witness Radio has initiated a petition for people from inside and outside Uganda to sign. The petition calls for the immediate release of these 28 land defenders.

SIGN PETITION HERE 

Meanwhile the struggle of ‘Wake Up and Fight for your Rights’ to get justice and reparations continues. Sadly, this new land grab case is still linked to the first land grab by the Neumann Kaffe Group. Before the first land grab case is resolved, the second land grab is already taking effect.

 

DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: Buganda Road Court grants bail to 15 stop EACOP activists after 30 days in prison.

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By Witness Radio team.

The Magistrate at Buganda Road Court has granted non-cash bail to 15 stop EACOP activists from Kyambogo and Makerere University Business School (MUBS) Universities. They spent 30 days in detention at Luzira Maximum Security Prison on charges of common nuisance.

After the defense lawyers successfully applied for bail, on 10th December, the trial magistrate, Her Worship Nankya Winnie, granted a non-cash bail of 500,000 Uganda Shillings (approximately 136.50 USD) for each activist and their sureties.

The hearing of the bail application for the EACOP activists flopped yesterday. It was adjourned after it was reported that the then-presiding magistrate, Her Worship Sanula Nambozo, had been transferred to another duty station and replaced by Her Worship Nankya Winnie.

The accused activists are all young students from the universities mentioned above. The students include Simon Peter Wafula, Gary Wettaka, Martin Sserwambala, Erick Ssekandi, Arafat Mawanda, Akram Katende, Dedo Sean Kevin, Noah Katiti, Oscar Nuwagaba, Oundo Hamphrance, Bernard Mutenyo, Nicholas Pele, Shadiah Nabukenya, Shafiq Kalyango, and Makose Mark.

They were arrested in early November 2024 for protesting the East African Crude Oil Pipeline (EACOP) project in Kampala, Uganda’s capital. The EACOP project, a major oil pipeline, has been controversial due to its potential environmental impact, including the risk of oil spills and deforestation, and the alleged human rights violations associated with its construction, such as forced evictions and land grabbing.

Despite the risks, the activists marched to Uganda’s Parliament to meet the Speaker and raise concerns about the EACOP project. The peaceful march reiterated numerous concerns raised by civil societies and the European Parliament about the project’s negative impacts.

The EACOP project, which will transport crude oil from Uganda’s Albertine region to Tanzania’s Tanga seaport, has been criticized for delayed compensation for affected persons and secretive agreements. The potential impact on the environment and human rights is a cause for concern.

On 11th November, the accused were charged with common nuisance. Section 160 (1) of the Penal Code Act states that anyone charged with common nuisance is liable to one-year imprisonment on conviction. This charge, frequently imposed against individuals peacefully protesting in Uganda, has notably been used against Stop EACOP activists. While common nuisance addresses acts causing inconvenience or disruption to the public, it is crucial to emphasize that the accused were engaged in peaceful protest, causing no harm or disturbance.

The prosecution alleges that on 11th November 2024, the accused gathered at Parliamentary Avenue, peacefully expressing their dissent and causing no harm. Yet, they were charged with common nuisance, which seems unjust given their peaceful protest. It’s important to note that their protest was non-violent and aimed at raising awareness about the potential negative impacts of the EACOP project.

The court has adjourned the case to 16th January 2025 for a hearing.

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: The Bail Application for the 15 EACOP Activists flops for the second time, as the trial magistrate is reported to have been transferred.

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By Witness Radio team.

A bail application for the 15 EACOP activists from Kyambogo and Makerere University Business School (MUBS) Universities currently on remand at Luzira Maximum Prison on charges of common nuisance has flopped for the second time due to the absence of the presiding magistrate.

The prosecution stated that the bail application could not proceed because the presiding magistrate, Her Worship Sanula Nambozo, had been transferred to another court. As a result, the case file was allocated to a new magistrate, Her Worship Nankya Winnie. She rescheduled to hear the bail application for today, October 10th, 2024, at 9 a.m. EAT.

The bail application for the 15 activists has faced yet another setback, marking the second failed attempt.

This delay in the bail application process means that these young students continue to be held in remand at Luzira Maximum Prison, a situation that is undoubtedly taking a toll on them. On November 16th, 2024, the bail hearing was disrupted due to the absence of two student activists, Wafula Simon and Kalyango Shafik. During that court session, the prosecution informed the court that both individuals were unwell, suffering from red eyes, and had been placed in isolation at the prison hospital.

The activists on remand, all young students, include Simon Peter Wafula, Gary Wettaka, Martin Sserwambala, Erick Ssekandi, Arafat Mawanda, Akram Katende, Dedo Sean Kevin, Noah Katiti, Oscar Nuwagaba, Oundo Hamphrance, Bernard Mutenyo, Nicholas Pele, Shadiah Nabukenya, Shafiq Kalyango, and Makose Mark.

The 15 were arrested in early November 2024 for protesting against the East African Crude Oil Pipeline (EACOP) project in Kampala, Uganda’s capital. The EACOP project, a major oil pipeline, has been a subject of controversy due to its potential environmental impact and the alleged human rights violations associated with its construction.

Despite the risks, the activists marched to Uganda’s Parliament to meet the Speaker of Parliament and raise concerns about the EACOP project. Their persistence in the face of adversity is truly inspiring.

The EACOP project, which will transport crude oil from Uganda’s Albertine region to Tanzania’s Tanga seaport, has been criticized for delayed compensation for affected persons and secretive agreements. The potential impact on the environment and human rights is a cause for concern.

On November 11th, the accused were charged with common nuisance. Section 160 (1) of the Penal Code Act states that anyone charged with common nuisance is liable to one-year imprisonment on conviction. The charge of common nuisance is often used in cases where individuals are accused of causing inconvenience or disruption to the public, but it is important to note that the accused were peacefully protesting and causing no harm.

The prosecution alleges that on November 11th, 2024, the accused gathered at Parliamentary Avenue, peacefully expressing their dissent and causing no harm. Yet, they were charged with common nuisance, a charge that seems unjust given their peaceful protest.

The third attempt for the bail application of the 15 activists has been rescheduled for hearing today at 9 a.m. EAT before Her Worship Nankya Winnie of the Buganda Road Court.

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Buganda Road Court will hear a bail application for 15 EACOP activists today.

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By Witness Radio team.

A bail application for the 15 EACOP activists from Kyambogo and Makerere University Business School (MUBS) Universities currently on remand on charges of common nuisance will take off today.

On November 16, 2024, attempts to apply for bail for the 15 students flopped due to the absence of two activist students in court.

The prosecution informed the court that Wafula Simon and Kalyango Shafik were sick and suffering from red eyes. They were placed in an isolation room in the prison hospital, thus causing a setback to earlier bail application attempts.

The activists on remand, all young students, include Simon Peter Wafula, Gary Wettaka, Martin Sserwambala, Erick Ssekandi, Arafat Mawanda, Akram Katende, Dedo Sean Kevin, Noah Katiti, Oscar Nuwagaba, Oundo Hamphrance, Bernard Mutenyo, Nicholas Pele, Shadiah Nabukenya, Shafiq Kalyango, and Makose Mark.

They were arrested in early November 2024 for protesting against the East African Crude Oil Pipeline (EACOP) project in Kampala, Uganda’s capital. The activists, undeterred by the risks, were marching to Uganda’s Parliament to meet the Speaker of Parliament and raise concerns about the EACOP project, including the continued gross human rights violations/abuses, the significant threat it poses to the environment, and the criminalization of the mega project’s critics.

The EACOP project will transport crude oil from Uganda’s Albertine region to Tanzania’s Tanga seaport. The project has been criticized for delayed compensation for affected persons and secretive agreements.

On November 11, the accused were charged with common nuisance. Section 160 (1) of the Penal Code Act states that anyone charged with common nuisance is liable to one-year imprisonment on conviction.

The prosecution alleges that on November 11, 2024, the accused gathered at Parliamentary Avenue, peacefully expressing their dissent and causing no harm, yet they were charged with common nuisance. They were accused of causing disruption and inconvenience by holding an unauthorized demonstration on the road while displaying placards and banners opposing the oil pipeline.

The bail application for the 15 activists will be presented before Her Worship  Sanula Nambozo the Grade One Magistrate of Buganda Road Court.

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