DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Witness Radio Petitions ODPP urgently to review and withdraw criminal charges against Buvuma Community Land Defenders.

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By Witness Radio team.

As Ugandan courts increasingly become tools of oppression, Witness Radio is deeply concerned about the growing trend of weaponizing the justice systems against communities, land, and environmental defenders who resist land grabbing and other harmful land-based investments.

In a well-calculated tactic, land grabbers and investors continue to collude with security agencies, particularly the police, to arrest violently and courts of law to maliciously prosecute hundreds of these defenders for either fighting back against the land-grabbing schemes or criticizing harmful land-based investments in Uganda.

This trend of persecution is not isolated to Buvuma but is a continuous threat in many other parts of Uganda. Buvuma, in particular, is a hotbed of injustice, where the government of Uganda, in collaboration with BIDCO, is implementing the National Oil Palm Project (NOPP) to expand palm oil growing in Uganda.

In our article dated March 5th this year, Witness Radio revealed how community land defenders in Buvuma continued to face judicial harassment on trumped charges simply for defending their land from being grabbed for palm oil plantations.

The accused defenders are residents of the Magyo and Bukula villages in the Buvuma district.

More than a dozen smallholder farmers in these villages situated in Nairambi Sub-county are facing violent evictions from their land and unending persecution. They have been framed with criminal charges for refusing to give away their land for palm oil growing.

The victims are legal owners of bibanja duly registered by Buganda Land Board and recognized as tenants by Buganda Land Board.

Buvuma College school is claiming ownership of the land, while Buvuma district officials, under the guise of protecting Kirigye Forest Reserve, also claim the same land on which these individuals have settled lawfully for decades.

Several community members have been arrested and charged with false criminal offenses.

Among them include community land rights defender Ssentongo, who is currently battling with cases CRB:301/2023, accused of illegally occupying Kirigye forest land (offense of carrying out prohibited activities in forest reserve).

CRB 232/2024 with complainant Kabale Denis (District Forest Officer) charged with carrying out prohibited activities in the forest reserve and CRB 098/2023 on criminal trespass with Buvuma College administration, the complainant.

Others facing persecution are Steven Kyeswa, Kisekwa Richard, and Kibondwe Chrysostom on CRB 141/2024 with assault occasioning actual bodily harm vide Criminal Case No 075 of 2024, among other cases.

As part of efforts to end the ongoing oppression of community defenders in Buvuma, Witness Radio has petitioned the Office of the Director of Public Prosecutions to urgently intervene, review, and withdraw the charges unjustly brought against these defenders.

According to the petition dated March 7th, 2025, the sole intention of these charges is to grab community land without any merits as criminal charges. Sarah Adong, one of the staff attorneys and Head of Witness Radio Legal Aid, reveals that the matters against the accused persons before the court point to the question of land ownership, which can only be answered through civil suits and not criminal charges. It is an apparent injustice.

“Upon thoroughly examining the facts, evidence, and circumstances surrounding these charges, it is evident that they have no merit whatsoever. They amount to vexatious and frivolous prosecution that serves no genuine interest of justice,” the petition by the Land and Environmental Rights Watchdog mentioned.

In an unusual turn of events, the Witness Radio Legal Aid team observed that some of the defenders, including Sentongo, have been charged with criminal trespass twice by the same complainant vide CC No 325 of 2020 and are now facing the same charge by the same party vide CC No 062/2023. This repeated persecution is a heavy burden on these defenders.

“The charges against our client undermine the accused person’s rights under Article 29 (9) of the Constitution of the Republic of Uganda. It has proven that the cases brought against our clients are frivolous and vexatious as they are instituted in a manner that constitutes abuse of court processes,” the petition further read.

Therefore, the organization strongly urges the office of the DPP to exercise its prosecutorial discretion under relevant legal provisions. This is crucial for the prevalence of equity, justice, and good conscience and reaffirming the prosecution process’s integrity and objectivity.

 

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