Military and police personnel provide security as an excavator demolishes a container as part of National Environment Management Authority operations to evict people from Lubigi Wetland, Nansana Municipality in Wakiso District on June 18, 2024. PHOTO | MICHAEL KAKUMIRIZI
In the early hours of June 11, the tranquil Lubigi Wetlands, a vital ecological buffer for Kampala City, became the stage for a grim spectacle. Residents, some of whom had lived there for decades, watched helplessly as bulldozers and other earth movers tore through their homes.
Since then, the area has been the scene of violence, leaving many residents stranded and homeless. “The brutality we faced was unimaginable,” recounted Peter Kato, a resident.
The use of live ammunition and teargas during the dispersal of a meeting led by the Leader of the Opposition in Parliament, Mr Joel Ssenyonyi, on June 17, also highlighted the intensity of the situation.
Mr Ssenyonyi said: “This is unfortunate because as leaders, we had not gone there to fight. We had gone to listen to the people.” These events have since drawn significant criticism from various quarters.
Speaker of Parliament Anita Among, on Tuesday last week, was drawn in to condemn the excessive force used during the evictions, calling for the government to ensure such actions are conducted humanely.
“The use of live bullets and teargas is unacceptable. We need to treat our people with dignity and respect their rights,” she said.
Legal action
Kampala Capital City Authority led by Lord Mayor Erias Lukwago has also vowed to challenge the National Environment Management Authority (Nema) action over what he termed as “a breach of the law”.
According to Mr Lukwago, a committee, including the Lord Mayor, Members of Parliament, resident city commissioners, the secretary for environment, the district natural resources officer, and other key officials, should have passed a resolution before such actions were undertaken.
However, the police said all their actions are lawful. “This is a Nema-led exercise that is lawful and although it has created debate among the most members of the public and politicians, it remains a lawful exercise,” Police Spokesman Fred Enanga said.
Beyond security agencies’ brutality, these evictions have uprooted vulnerable people, casting a long shadow over the lives of those affected. Families like that of Mary Nakato, who has lived in the area for more than 20 years, now find themselves stuck.
“We have nowhere to go. Our children have no school to attend, and we have lost everything,” said Ms Nakato, tears streaming down her face. The immediate displacement has not only stripped residents of their homes but also disrupted their livelihoods, schooling for children, and access to essential services.
“I borrowed money from Brac Uganda to set up the rentals and I’m still paying the loans but now I have no source of income since the rentals were demolished,” Ms Ruth Namuddu, 69, a resident of Nansana West, said.
Compensation demands
The Forum for Democratic Change (FDC) has since asked the government to compensate the people who were evicted. Mr John Kikonyogo, the party spokesperson, said whether an illegality or not, the encroachers should be compensated.
“The government should suspend these evictions for about a year and then find a way to help these people who are there so that they get out with some small compensation and they relocate somewhere else,” Mr Kikonyogo said.
Mr Kikonyogo added that Nema should explore alternative solutions that allow for sustainable coexistence with the wetland such as eco-tourism and sustainable agriculture, among others, and that there should be meaningful community engagement before evictions are done to prepare people on the way forward.
Mr Kikonyogo further said what is annoying is that Nema is also evicting poor people, leaving the rich and other factories in wetlands.
“A good example is where I come from in Rubaga, Lubigi, near Busega. They are putting down houses of the poor people but you have left a factory still standing. Ugandans want their environment more than the money from that factory,” he said.
Nema responds
But officials from Nema have downplayed the proposal to compensate hundreds of encroachers evicted from the Lubigi wetland in Wakiso District and other wetlands across the country, reasoning that the Authority cannot support illegality and that instead, the evictees should be the ones to compensate government.
Dr Akankwasa Barirega, the Nema executive director, said as a government agency, they cannot promote illegality, adding that the people demanding that Nema compensate the encroachers have no basis for their demands.
“Ordinarily, the evicted encroachers are supposed to compensate the government for the cost of restoration in line with Section 133 of the National Environment Act, 2019. Government cannot, therefore, compensate encroachers as this would not only invite more encroachments but also would be a tacit approval of illegality,” a statement issued by Nema dated June 24, 2024, reads in part.
Dr Akankwasa said 214 households have been removed and another 101 more households are due for removal to make a total of 315 Mapped and Served Households.
He also said this is a countrywide exercise and asked all those in wetlands to vacate or face the same fate as those in Lubigi. He also denied allegations of selective evictions and said this is a law enforcement exercise that targets those who have breached or offended the law.
He said some infrastructure in wetlands was established with due process of government approval and removing them would result in liability to the government.
“Example is the fuel station Lubigi in which obtained approvals in 2017. There are some other establishments with past approvals including some factories. These have been left until the government decides on such cases. The public should not see this as selective enforcement but rather prudence to avoid loss of public funds in avoidable compensations,” he said.
He also said those evicted were issued vacation notices as far back as 2016, which they ignored.
“This same process was duly followed for Lubigi operation and restoration orders were issued and people were warned to leave from as far as February to April 2016 for Nansana, 2018 Nabweru area, 2019 Nabisasiro, August 2022 – Nansana, Sentema, Busega and Nabisariso, December 2023 Busega and April 2024 Lubigi generally. Earlier in 2012, major evictions were carried out in Lubigi which resulted in successful evictions of Bemba Musota (the witchdoctor) and the taxi park,” he said.
Human rights activists weigh in
Both environmentalists and human rights advocates under the National Coalition of Human Rights Defenders Uganda, have agreed that while preserving the wetlands is essential for the city’s sustainability, the government’s approach violates fundamental rights.
The activists said while it is fine for Nema to protect the environment, the agency should be humane while evicting the encroachers.
Mr Andrew Byaruhanga, the executive director of Resource Rights Africa, said Nema, the Police and Uganda People’s Defence Forces (UPDF) should respect and protect human rights.
“The government should uphold the aforementioned eviction guidelines espoused in international human rights law to which Uganda is bound through signature and ratification to ensure protection of human rights,” Mr Byaruhanga said.
Mr Jordan Tumwesigye, the programme manager at Global Rights Alert, weighed in to say in the struggle for the government to keep the environment from encroachment, the people and community rights, even of the poor, must matter.
“States must ensure, before carrying out any evictions, that all feasible alternatives are explored in consultation with the affected persons to minimise the use of force,” Mr Tumwesigye said.
As a way forward, they call for thorough sensitisation of the public on environmental conservation.
“Environmental enforcement must follow a human rights-based approach where people’s rights should be respected. Many people who are encroaching on wetlands need to be sensitised about environmental protection and why we need wetlands,” Mr Robert Turyakira, an environmental rights defender and deputy executive director of Environment Shield, said.
He added: “We need more awareness about these issues before destroying people’s livelihoods. We need to balance development with environmental conservation by empowering people to own and protect the environment without coercion.”
Compiled by Noeline Nabukenya, Sylivia Katushabe, Priscilla Maloba, Sylvia Namagembe, Maria Jacinta Kanyange and David Walugembe.
