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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

EACOP: The trial of 20 environmental activists failed to take off, and now they want the case dismissed for lack of prosecution.

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By Witness Radio Team.

The hearing of a case against 20 anti-EACOP protesters has failed to take off for the third time due to the absence of the trial magistrate. According to Buganda Road Chief Magistrate Court, Her Worship Jalia Basajjabalaba was on official leave, and the case was adjourned to April 7, 2025.

The same trial, which was set for January, was stalled when the prosecution team failed to appear in court.

On August 27, 2024, the 20 activists, including Pitua Robert, Okwai Stephen, Kothurach Margret, Omirambe Moses, Owonda Rogers, Alimange Joseph, and Wabiyona Wicklyf, among others, were charged by the Buganda Road Magistrate Court with common nuisance.

These activists were arrested on August 26, 2024, while peacefully marching to the Ministry of Energy to deliver a petition opposing EACOP and other oil projects. The activists demanded justice, the upholding of their rights, and a halt to the oil industry’s violations of human rights and the environment.

The prosecution alleges that the accused marched through Kampala’s streets carrying placards and banners, causing annoyance, obstruction, or inconvenience to the public.

Section 160 of the Penal Code states that a person convicted of common nuisance faces a one-year imprisonment.

In their press conference held on Thursday, February 20, the accused activists demanded that the judiciary should stop delaying hearings of their case related to the East African Crude Oil Pipeline (EACOP) project and called for the dismissal of their case if the court lacks sufficient evidence to prosecute them.

Despite the repeated delays, the activists remain resolute, viewing the postponements as a form of judicial harassment. They stand firm in their demand for a fair and expedited trial, emphasizing the importance of upholding human rights in the judicial process.

“The courts of law should not be used as tools of oppression. They should not waste any time. If we have a case to answer, let them prosecute us on April 7, which they have scheduled. If they fail again, they should dismiss the case instead of wasting our time and resources,” Barigye emphasized.

The activists stress that these delays not only cause emotional distress but also impose a significant financial burden. Many of them, hailing from rural areas, have to raise funds for transportation to attend court sessions in Kampala, only to be disappointed by repeated adjournments.

“These continuous adjournments have cost us a lot. Many activists live in rural areas and have to raise money for transport, only to be present in court, but are often grieved when the cases are adjourned again and again,” said Bob Barigye, one of the accused, in an interview with Witness Radio.

The Buganda Road Magistrates Court was expected to begin hearing prosecution witnesses against the activists on February 18. However, the session was adjourned to April 7.

The activists also voice their strong condemnation of the police’s unlawful arrests of demonstrators exercising their constitutional rights. They call for an immediate halt to these actions, asserting that such detentions do not address the real concerns of the communities affected by oil and gas projects.

“We strongly condemn these arrests. Detaining demonstrators does not address the concerns affecting grassroots communities that oil and gas projects impact. We also warn individual police officers involved in these rights violations to perform their duties professionally, or they will be held personally accountable,” the activists stated.

The demands come amidst a deteriorating human rights situation in Uganda, where civic space is shrinking, and opponents of the EACOP project face increasing repression. Defending communities and the environment from the negative impacts of oil projects have effectively been criminalized. Community land and environment defenders and communities continue to face arbitrary arrests, detentions, and excessive delays in court proceedings.

The East African Crude Oil Pipeline (EACOP) is a 1,443-kilometer heated pipeline transporting crude oil from Hoima, Uganda, to Tanga, Tanzania. The first 296 kilometers run through Uganda, while the remaining 1,147 kilometers pass through Tanzania. The project is a joint venture between TotalEnergies, the Uganda National Oil Company (UNOC), the Tanzania Petroleum Development Corporation (TPDC), and the China National Offshore Oil Corporation (CNOOC).

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Court Alert: Court Grants Bail to Jailed Defender and Wife.

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By Witness Radio team.

After a significant legal engagement, a magistrate court in Kiryandongo District has decided to release a community land rights defender and his wife on bail. This decision comes after they spent 40 days in prison.

Olupot James, a community land rights defender from Kikungulu village, Kibeeka Parish, Kapundo Sub-county, in Kiryandongo District, and his wife, Apio Sarah, were charged with malicious damage to property on June 5th, 2025, and were remanded to different prisons, including Dyang Prison.

The arrest of the defender and his wife has had a profound impact on their four children, leaving them in a state of grief and pain. They were left without parental care in a house surrounded by the sugar plantation.

According to the prosecution, the duo allegedly uprooted sugarcane plants belonging to Kiryandongo Sugar Limited and replaced them with maize on land neighboring the defender’s home. The multinational claims ownership of the land.

The Penal Code Act, Cap. Section 312 (1) of Uganda states that any person who willfully and unlawfully destroys or damages any property commits an offence and is liable on conviction to up to five years’ imprisonment.

Since 2017, Olupot and several other community land defenders have been in and out of prison, a testament to their unwavering resistance against illegal land evictions. Their resilience is a source of inspiration for many. Thousands of families claim they have lost their land to the multinational without following any law, without receiving any compensation, and without being offered an alternative settlement.

Through Witness Radio Legal Aid Chambers, the duo was granted a non-cash bail of two million Shillings, and their case has been fixed for hearing on July 28th, 2025.

The children, who have been enduring the absence of their parents, are now experiencing a sense of relief and joy as the family is reunited.

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

A land rights defender and his wife have been arrested, charged, and sent to prison.

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By Witness Radio team.

Kiryandongo District – A community land rights Defender at Nyamutende Cell in Kiryandongo District, and his wife have been sent to prison by a magistrate’s court in Kiryandongo District, Witness Radio confirms.

Olupot James and his wife, Apio Sarah, were charged with malicious damage to property after a multinational company, Kiryandongo Sugar Limited, accused them of destroying its crops. The area police later picked them up.

Since 2017, Kiryandongo Sugar Limited, a subsidiary of Rai Holdings Private Limited, has been among the three multinationals that have forcibly displaced over thirty-five thousand (35,000) people in Kiryandongo District without following due diligence or offering alternative settlement options.

Community land Rights defender Olupot James and his wife Apio Sarah are amongst a few remaining families that resisted the company’s violent eviction and repression. Their home is currently trapped in the middle of the sugar plantation after they lost their land, which was dug up to the house by the multinational. Despite their peaceful resistance, Olupot has been arrested, charged, and imprisoned more than six times, a clear indication of the injustice they are facing.

Since late May this year, the duo has been reporting to Kiryandongo police station on Criminal Case Number CRB No. 316/2025, until they were arrested and aligned before the court and imprisoned. Olupot was remanded to Dyang while Apio is in Kiryandongo prison.

The state alleges that Olupot and Apio committed the offence of malicious damage to property in Kikungulu village, Kiryandongo District, a region with a complex history of land-related conflicts.

The Witness Radio’s legal aid team is monitoring the case and will appear in court to apply for their bail.

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Crackdown on EACOP protesters intensifies: 35 Activists arrested in just four months.

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By Witness Radio team.

Ugandan authorities’ ongoing crackdown on anti-EACOP protest marches is spreading rapidly like wildfires. The East African Crude Oil Pipeline (EACOP) Project, a significant oil infrastructure development, has been a point of contention. Recently, Witness Radio warned that criminalizing the activities of individual activists and environmental defenders opposed to this project, which aims to transport crude oil from Hoima in Uganda to the Port of Tanga in Tanzania, will be regarded as the most disastrous and insensitive to communities’ concerns in Uganda’s history.

In just four months, a series of arrests targeting environmental activists opposing the mega oil project that transports crude oil from Hoima in Uganda to the Port of Tanga in Tanzania has resulted in a scene of crime. No one is allowed to express their concerns peacefully about it and push back on its adverse negative impacts.

While activists view the peaceful marches as a rightful and brave effort to protect the environment and the communities affected by the project, the authorities, including the Uganda police and Prosecutor’s office, regard these actions as attempts to sabotage development projects and resort to criminalization.

Activists and civil society organizations’ reports indicate that the project will likely damage the environment and has displaced thousands of local communities in Uganda and Tanzania.

Despite growing concerns and an intensified crackdown, project financiers and shareholders remain unwavering in supporting the EACOP project. This steadfast support underscores the urgency of the situation. However, environmental and human rights defenders stand firm, resolutely demanding the project’s halt, showing a glimmer of hope in this challenging situation.

Over last weekend, eleven (11) environmental activists were arrested, charged, and sent to prison. They were arrested and detained by police at Kenya Commercial Bank (KCB) premises while attempting to deliver a petition urging the bank to halt its financial support for the 1,444-kilometer heated pipeline project.

The arrest of the eleven activists comes less than a month after nine activists were detained on April 02 outside the Stanbic Bank headquarters while attempting to deliver a petition urging the bank to halt its funding for the project.

The eleven include Bob Barigye, Augustine Tukamashaba, Gilbert Ayebare, Umar Kasimbe, Joseph Ssengozi, Keith Namanya, Raymond Bituhanga, Mohammed Ssentongo, Paul Ssekate, Misach Saazi and Phionah Nalusiba.

KCB Bank Uganda is one of the banks that recently joined the race to fund the EACOP project. Last month, On March 26, 2025, EACOP Ltd., the company in charge of the construction and future operation of the EACOP project, announced that it had acquired additional financing provided by a syndicate of financial institutions, including regional banks such as KCB Bank.

Other banks in the syndicate include the Stanbic Bank Uganda, the African Export-Import Bank (Afreximbank), the Standard Bank of South Africa Limited, and the Islamic Corporation for the Development of the Private Sector (ICD).

The activists appeared before the Nakawa Chief Magistrate Court on April 25. They were charged with criminal trespass. According to section 302 of the Penal Code, a person convicted of criminal trespass is liable to a maximum sentence of one year in prison. This detail underscores the weight of the situation.

The activists are currently on remand at Luzira Maximum Prison and are expected to appear again before the court on May 08, 2025, for mention.

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