Benet under massive eviction by wildlife authority
Over 4,000 people from the Benet and Ndorobo communities on the slopes of Mt Elgon have been evicted by the Uganda Wild Life Authority. with support from the Uganda People’s Defense Forces (UPDF) according to community and press reports.
This follows the murder of a Belgian tourist, Annick De Vester at Hunters cave in Mt. Elgon National Park in February this year.
“On Saturday 15th February 2008, a mass eviction of the Benets was carried out by joint operations by Uganda Wild Life Authority and UPDF,” says the Coordinator of Benet Lobby Group, Kanda David Matayo.
Property including people’s houses was destroyed in the villages of Yatui Sab Cepiren and Kwosir villages. Some have had their cattle grabbed from them and the people are now displaced and homeless.
The evicted and displaced people have found shelter in caves, under trees and some lucky ones in Kwosir Primary school while others are being hosted by relatives in the lower ends of the unaffected areas.
“We have always given the Benet time to vacate. We do not need them in the Park,” remarked the Uganda Wild Life Authority National park Chief Joshua Masereka. This is contrary to the high court ruling in favour of the Benets settling in the area.
“Such disregard for power of courts is what is making access to justice for the poor and marginalized communities in Uganda unattainable,” says Chemisto Satya, ActionAid’s Programme Manager, Eastern.
“Government should take responsibility for its acts of rendering people homeless. ActionAid therefore demands that government through its Disaster Preparedness Ministry provides relief to the affected victims without delay,” says Specioza Kiwanuka, Programme Director, ActionAid.
The Benet have been occupying this area for more than 200 years and this was confirmed to be their land as indigenous inhabitants by a Consent Judgment and Decree of October 27th 2005,
In October 2005, in the High Court of Uganda at Mbale, Justice Kapsupsi made a landmark ruling between Uganda Land Alliance Ltd (Applicant) Versus Uganda Wildlife Authority and Attorney General (Respondents).
Uganda Land Alliance, ActionAid Uganda’s partner represented the Benet Community while the attorney General represented the government of Uganda.
The ruling declared that the Benet Community residing in Benet Sub-county including those residing in Yatui Parish and Kabsekek Village of Kween County and in Kwoti Parish of Tingey County were the historical and indigenous inhabitants of the said areas which were declared a Wildlife Protected Area or National Park.
The ruling entitled them stay in the said areas and carry out economic and agricultural activities and restrained the defendants (UWA) from evicting or disturbing the community.
The current eviction comes at a time when the implementation of the consent judgment is still pending.
The consent judgment called for the de-gazetting of the said areas after a physical inspection of the boundary with the Benet Community and sought to redress the imbalance which presently exists in the said area in terms of education, infrastructure, health and social services commencing in the Financial Year 2005/06.
This has not been implemented to date.