BIG vs SMALL FISH: Uganda’s Poor Evicted from Wetlands but Grand Destruction by the Rich & Powerful Continues

Ruth Namuddu, 69, has become the posterchild of the pain suffered by hundreds evicted from Lubigi Wetland in Wakiso District. Her right hand holding a rooster salvaged from her house during the evictions, Namuddu stares into the debris of what was hitherto her house, a place she has called home since the 1990s. Namuddu had even used loans to build rentals to sustain her family.

But all these are now gone and soon, Namuddu will need to vacate a makeshift tent she’s been sleeping in ever since to look for where else to stay. Nema, a government-run environmental watchdog, will begin efforts to reclaim the land.

The Lubigi wetland system is the biggest wetland serving the capital Kampala and districts neigbhboring it to the west and north. Environmentalists consider it a critical water catchment area, rainwater from the city suburbs of Bwaise, Kisaasi, Kawaala and Busega drain into the wetland through surface runoff and underground aquifers.

According to Nema, at its best conservation level, the Lubigi ecosystem is home to over 200 species of plants, insects and birds – including the crested crane, Uganda’s national bird.

In Uganda, wetland coverage has declined from 15.6 per cent in 1994 to 8.9 per cent by 2017 with an annual depletion rate of 2.5 per cent. Unless radical measures are measures are instituted immediately to restore the integrity of Uganda’s wetlands, Nema warned in 2022, coverage may reduce to 1.6 per cent by 2040.

The evictions in Lubigi happened exactly two years ago since President Yoweri Museveni warned all encroachers to vacate wetlands.

Museveni listed environment protection as one of the three important issues for keeping Uganda on the right path. He was categorical on protecting wetlands, river banks, lake shores and forests as well as planting trees.

Museveni threatened to sack all local leaders and cause their prosecution in courts of law if environmental degradation persists in their districts of jurisdiction.

“I have warned all sub-county and miruka chiefs, as well as CAOs, not to forget the environmental officers, GISOs and DISOs, manning areas where I will discover encroachment on wetlands, will be sacked and, if legally possible, also criminally prosecuted,” said Museveni.

The state has not arrested local leaders for failing to protect the environment. But to show its commitment to fighting degradation, weeks ago, government launched the Environment Protection Force (EPF) to conduct environmental surveillance, detect encroachers and investigate environmental crime.

RUNNING AFTER SMALL FISH

In recent weeks, Nema has been making arrests of environmental ‘criminals.’ For example, last week, it arrested three individuals engaged in illegal brick making in a wetland in Sheema District. In some cases, Nema has secured court convictions.

Ugandans, including a junior minister, accused Nema of running after ‘hustlers,’ leaving powerful, rich and well connected individuals to continue engaging in grand destruction of the environment.

“Sometimes, I don’t understand our people instead of arresting forest encroachments, you are arresting bricks makers? Let’s use the pits dug by bricks makers to start a fishing ponds instead of arresting hustlers,” commented Balaam Barugahara Ateenyi, the state minister for youth and children’s affairs.

“Don’t run after the small fish only. Here in Bushenyi, a retired government worker burnt a wetland with herbicides, but you kept quiet even though you were notified. Aren’t these small fish better than spraying with herbicides,” journalist Zadock Amanyisa reminded Nema of their failure to act in the case of a farmer who burnt a swamp in Ishaka-Bushenyi Municipality with herbicides.

But to the credit of Dr Barirega Akankwasah’s administration at Nema, some enforcement operations give hope. On June 07, working with EPF raided  Kasanje Mabamba sand mining site on L. Victoria impounding an excavator. On April 12, Nema teamed up with security agencies and the State House Anti-Corruption Unit (SH-ACU) to crack down on illegal sand miners in Lwera wetland, making several arrests and impounding equipment.

NEMA-LAND BOARD CONFUSION

At the heart of the evictions in Lubigi is confusion on Nema approvals and registration with the Buganda Land Board (BLB). For example, in Namuddu’s case, while the 69-year-old has over the years been paying rent (busuulu) to BLB, the entity in charge of Buganda Kingdom properties, it insists she should have sought Nema’s nod instead of insisting on local council leaders.

We have always and will always warn people against settling in wetlands without the consent of NEMA. It is unfortunate that our people continue to be manipulated by selfish LCs who settle them there illegally,” BLB said in a response.

“People settle in wetlands against our advice. In fact, they run to LCs and get agreements. When we ask them to come to us for guidance and have them get NEMA approval, they don’t come. What has happened is disheartening but it is a lesson we hope our people will learn and do things the  right way going forward. We however ask NEMA to be more humane when carrying out the evictions.”

BLB further explained that Nema’s approval was the reason why investments like a Stabex petrol have survived demolitions. “STABEX got a NEMA approval before it built. That approval comes with conditions. That is why you cannot build in a wetland without a NEMA approval. So, we always advise people to seek for NEMA approval before they build or use a wetland in any way,” BLB noted.

But National Economic Empowerment Dialogue (NEED) party spokesperson Moses Matovu accuses Nema of discriminating poor people since they cannot afford the process of approval. Matovu also cited bribery in some approvals.

“The poor are not allowed to build in wetlands and cut forests, but the rich who have money are given permission to build and destroy the environment. If we are to preserve the environment, the NEMA laws should be fair to all, whether rich or poor,” Matovu told reporters at NEED offices in Lubaga, Kampala on June 17.

“The local authorities and NEMA officers who allow people to build in swamps should be arrested for approving plans for people to build in swamps after being given bribes.”

SOME POLITICS

But in some instances, as in the case of Pastor Tonny Nywevu of Purposeful Living Church in Kigowa, Kulambiro, Kisaasi, Nakawa Division in Kampala City, a letter dated February 27, 2024 and attributed to junior minister for Kampala Kabuye Kyofatogabye, the junior minister for Kampala Capital City and Metropolitan Affairs, points to interference.

In the letter addressed to the director of legal affairs at KCCA, Minister Kabuye notes that he is aware that Pastor Nywevu is being prosecuted in a KCCA court and goes ahead to tell the director to “halt” Nywevu’s prosecution “as this seems to be a matter of fault over delays for approval on the side of the Authority.”

Envisaging a situation where Pastor Nywevu’s application to build a church in a wetland should not be rejected, the minister says the matter should be concluded “so that construction may proceed.” Taking the role of prosecutor and judge, Minister Kabuye concludes, “I therefore find no case with this gentleman as he has proved that a request was made for approval of building plans but never received response from you since May 2022.”

The contents of the minister’s may also point to loopholes among authorities responsible for approving requests.

Back to the Lubigi evictions, politicians have issued statements condemning the ‘inhuman’ manner of the operations and calling for the eviction of ‘big’ investors. On June 17, police dispersed a meeting between politicians and some evicted locals. Nema said the politicians “tried to incite the public against the exercise.”

Some evictees have demanded compensation. But in 2022, Museveni said all those who have encroached on wetlands except in Kigezi and Bukedi where they were misled must “unconditionally leave the wetlands because nobody took them there and many of these are recent, which means they are doing it in deliberate defiance of plans to save their country.”

WHAT CIVIL SOCIETY ORGANISATIONS SAID

Environment protection should not be a weapon wielded against the poor while the affluent and powerful continue to degrade our natural resources without consequence. We call on NEMA to apply the law equitably and ensure that all individuals and entities, regardless of their socioeconomic status, are held accountable for encroachments.” Andrew Mafundo, Executive Director, Citizens Concern Africa (CICOA)

“This eviction exercise has left many without shelter, exposing them to further hardships. It is unacceptable that vulnerable communities bear the brunt of environmental enforcement while powerful entities are allowed to flout the law. NEMA must act with integrity and transparency in all its operations.” Rosette Nandutu, Executive Director, Vijana for Sustainable Development and Environmental Action (VIDEA).

“Everyone should leave wetlands to enable their restoration for our health, climate and prosperity. No factories or fuel stations in wetlands. Government of Uganda, ensure no one becomes homeless due to eviction from wetlands which should follow the law & uphold human dignity.” The Environment Shield

You can read more on what Ugandans think about climate change (including those who think it’s God’s plan) Here.