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Shrinking Civil Society Space In The Horn Of Africa: Uganda Grapples As New Report Finds NGO Act 2016, In Violation Of International Standards

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By witnessradio.org team

Shortly after the conclusion of the controversial February 18th 2016 elections, president Museveni quietly signed into law the new Non-Governmental Organisations Act, 2016. But the act, has been declared an abuse of the international standards according to a new report by the Horn of Africa Civil Society Forum.

HoACS Forum, is a regional network of civil society organizations working together to monitor and expand civic space in the countries which it operates. This particular study which reviewed the legal frameworks governing CSOs, covered the entire ten countries; Djibouti, Eritrea, Ethiopia, Kenya, Rwanda, Somalia, Somaliland, South Sudan, Sudan and Uganda.

On concluding its study into the Uganda’s Non-Governmental Organizations Act, 2016, the regulatory framework for CSOs, the forum established that the act was burdensome because it makes it mandatory for any CSO to register with the NGO Board which is under direct control of the government, thus rendering the process semi-standard.

“As elsewhere in the region, registration under the 2016 NGO Act is mandatory, in violation of international standards,” the report said, “Organizations cannot operate in Uganda unless they have been duly registered with the National Bureau for Non-Governmental Organisations and have been issued a valid permit.”

The study also revealed that Ugandan law requires Community-based Organizations (CBOs” to register with the district local government. The NGO Act lists what is to be included in an application for registration of an NGO, but also states that “an application for registration under this section shall be in a form as the Minister may prescribe.”

In so, doing, the report noted that the process may be “used to grant discretionary power to the executive branch in terms of altering or tightening the requirements for registration.”

In an eventuality that one is carrying out activities through unregistered organizations, there are penalties set out in the act in form of both fines and a 3 year imprisonment term.

Secondly, the study found registration procedures under the act pretty “burdensome,” with explicit examples. NGOs must submit a registration application to the NGO Board which, as described by the ICNL, must include: specification of the operations of the organization, area of intended operation, staffing of the organization, geographical area of coverage, location of the organization’s headquarters and date of expiry of the previous permit.

In the case of a foreign organization, a recommendation is required from the diplomatic mission in Uganda of the country from which the organization originates. In addition, any foreign staff recruited to work in Uganda must submit their credentials and a certificate of good conduct to the Ugandan diplomatic in their home country before they assume their respective responsibilities and duties.

So in sum, the study observed that “these restrictions and requirements imposed by the Ugandan government significantly limit the ability of groups to register as NGOs, especially if they are small organizations and lack resources and personnel.”

Additionally, “the NGO Bureau does not have any time limit within which they must review an application, meaning that the process can be delayed indefinitely at its discretion.”

In the Forum’s view, the rigorous procedure “increases the possibility of authorities denying registration based on formalities. For example, there is the possibility that the registration will be revoked or refused on grounds such as being prejudicial to the interests of Uganda.”

In essence, the power to close down organizations will be entirely at the discretion of the NGO Bureau.

The act also includes inter alia the prohibition of any act “which is prejudicial to the security and laws of Uganda,” or which is “which is prejudicial to the interests of Uganda and the dignity of the people of Uganda.

The vague nature of the language above, like that in other laws in the region, could be abused to target NGOs who are critical of the government, according to the report.

In Uganda, an organization’s certificate can be revoked by the Bureau if:

• The organization does not operate in accordance with its constitution;

• The organization contravenes any of the conditions or directions specified in the registration permit

In addition, the regulations provide that an organization may also be dissolved by order of the

High Court if it is:

• defrauding the public;

• threatening national security; or

• Grossly violating the laws of Uganda

Like Uganda, all countries covered by this study, ratified the African Charter on Human and Peoples’ Rights (ACHPR) and the International Covenant on Civil and Political Rights (ICCPR).

All their national constitutions provide that these protections can be restricted in narrow circumstances, including protecting the freedom of others, public security, public order, public safety, and public health. These provisions at the constitutional level are generally compliant with international standards. It is generally agreed internationally that these restrictions may apply to restricting CSOs from partisan political campaigning, fundraising and support of political parties, and these are in fact prohibited in most national laws in the region.

However, these narrow exceptions can be referred to in inappropriate circumstances. In general terms, national interest and the protection of public values are among the most likely excuses employed by the executive body in order to curtail basic human freedoms.

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NGO WORK

Opinion: Why we cannot celebrate the World Bank’s 80-year anniversary

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This July, the World Bank Group celebrates its 80th anniversary. But for women and communities across the Global South there is nothing to celebrate. In this op-ed originally published by Devex on 19 July 2024, three close partners of the Coalition (Titi Soentoro from Aksi!, gender, social and ecological justice” – Indonesia; Verónica Gostissa from Asamblea Pucara – Argentina; and Mbole Veronique from Green Development Advocates – Cameroon) share stories from their countries showing how the World Bank is exacerbating the exact problems it claims to solve.

This July, the World Bank Group celebrates its 80th anniversary. But for us — women rights defenders from Asia, Africa, and Latin America — there is nothing to celebrate.

While the World Bank is proudly presenting its successes in fighting poverty and building a greener future, the stories of communities in our countries paint a very different picture. From recent controversial projects to old ones where communities never found justice, the World Bank has a 80-year legacy of harm and impoverishment.

The negative impact of development projects can be long lasting. In 1985, the World Bank funded the Kedung Ombo Dam in Indonesia. Over 27,000 people were forcibly and violently evicted, with the military threatening those trying to resist. Forty years later, the harm inflicted remains unaddressed. Resettled women don’t have close access to water sources, health facilities, and a market. Pregnant women have failed to get checkups, while children have often dropped out of school and are being forced into early marriages. Yet, despite acknowledging the harm it caused, the World Bank keeps replicating old mistakes.

 

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Nachtigal hydropower project. Photo: World Bank Group

 

In 2022, a community in Cameroon filed a complaint raising serious concerns about the World Bank-funded Nachtigal hydroelectric project, one of the largest dams in Central Africa. Imposed without people’s participation, the project is destroying livelihoods, taking lands, causingdeforestation, and destroying sacred sites. Our Cameroonian sisters are particularly affected: They have lost access to the forests where they used to pick medicinal herbs and other key natural resources. The complaint process has come to an end, but the hopes for justice are extremely limited. The investigations conducted by the bank’s accountability mechanisms are known to be extremely lengthy — and only rarely lead to some remedy.

Civil society has been calling on the World Bank Group to strengthen its safeguards and accountability mechanisms, which are currently falling short of a human rights-based approach. But for every step forward, there has been a step back. Moreover, safeguards have often been used as a pretext to protect the institution from the international human rights legal system and to avoid applying more stringent standards.

Under its new president, Ajay Banga, the World Bank has been undertaking a series of reforms, to become bigger and bolder in its response to climate change. But the bank’s actions appear to indicate more of the same. Beyond the catchy slogans, the World Bank is still replicating a top-down and neocolonial development model that ends up exacerbating the exact problems the bank claims to solve. For example, in Indonesia the World Bank Group — despite its pledges to address climate change — is funding the expansion of the Java 9 and 10 plants, considered the largest and dirtiest coal plants in Southeast Asia.

In its 80 years of existence, it is our view, as shared with other civil society groups, that the World Bank has fueled the spiraling debt crisis, growing inequality, and climate change, with a disproportionate impact on women and children. Some stories — like the scandal of the child sex abuse case in Kenyan schools funded by the World Bank — have hit the headlines. Others, unfortunately, have remained largely unreported.

 

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Indigenous activists in the Salar del Hombre Morto. Credit: Susi Maresca

 

Last year, the International Finance Corporation — the World Bank’s private arm — approved a  $180 million loan to Allkem, for its Sal de Vida lithium mining project in Argentina’s Salar del Hombre Muerto. On paper, this investment falls under the bank’s green portfolio, because lithium is needed for the electric car batteries. In reality, this project has a catastrophic environmental impact, dried up one of the most important rivers in the area,, and violates the rights of the local Indigenous communities.

Before the project was approved, local communities and civil society organizations had sounded the alarm bell. They had prepared briefings on the project’s impacts and engaged with IFC to raise their concerns. But despite being recognized as “beneficiaries,” local communities say they are routinely ignored or silenced. The bank approved the loan without the community’s consent and did not take any action when local activists were threatened and criminalized.

As women defenders and caregivers, for generations we have been protecting our ecosystems sacrificed in the name of development and cared for our communities harmed under the pretext of economic growth. For generations, we have stood in solidarity with our sisters and brothers across the world who have been demanding a different type of development.

The World Bank cannot get it right by putting blinders on the past. The evicted Indonesian communities will not get their flooded land back. The women in Cameroon will not be able to access their precious medicinal herbs, as their forests have been cleared. And the Indigenous people in the Salar del Hombre Muerto lost their meadow near the river Trapiche, which dried up because of the huge volumes of fresh water used to extract lithium. But the World Bank is still on time to withdraw from controversial new projects, to provide remedy to the harmed communities, to speed up the investigation processes, and to seek meaningful consent before building something. Eighty years are enough. If bank President Banga wants the institution to grow bigger, it should learn from the past as it looks forward.

Original Source: Coalition for Human Rights In Development.

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NGO WORK

New publication: Promise, divide, intimidate, and coerce: Tactics palm oil companies use to grab community lands. Summary Edition

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Recently, the Informal Alliance against industrial oil palm plantations in West and Central Africa has launched a new summary edition of the booklet “Promise, divide, intimidate, and coerce: Tactics palm oil companies use to grab community lands”.

Recently, the Informal Alliance against industrial oil palm plantations in West and Central Africa has launched a new summary edition of the booklet “Promise, divide, intimidate, and coerce: Tactics palm oil companies use to grab community lands”.

This new edition consists of a collection of more than 20 tactics that oil palm companies use to grab people’s land for plantation expansion. It is the result of many years of experience of community activists and grassroots groups who have been struggling to resist the corporate takeover of community lands.
Although the focus is on the tactics of oil palm corporations, many similarities exist with other industries and sectors involved in land grabs and extractivism. The booklet is available in French here, and in English here. If you think the booklet would be useful in other languages too, do not hesitate to let us know!

The the long version, from 2018, is available here: French / English.

Source: World RainForest Movement.

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NGO WORK

Global Witness condemns escalating arrests of climate campaigners in Uganda

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A total of 96 cases of people being detained or arrested for opposing the controversial East Africa Crude Oil Pipeline (EACOP) have been reported in the past nine months, with the number of arrests skyrocketing in recent months.

In December, Global Witness released a report ‘Climate of Fear’ documenting reprisals against land and environmental defenders challenging plans to build the world’s longest heated crude oil pipeline through both Uganda and Tanzania. At the time, 47 people had been arrested for challenging the pipeline in Uganda between September 2020 and November 2023. Double the number of incidents have since been reported in less than a year.

Reports of attacks and threats have continued despite the French oil major behind the project TotalEnergies “expressing concern” to the Ugandan government over arrests in May 2024. Since then, the state crackdown has stepped up against a civil society mobilising to protest the pipeline.

Global Witness is calling on TotalEnergies to meet prior public commitments to respect the rights of human rights defenders and to take immediate action to end the violent crackdown on climate campaigners in Uganda.

Hanna Hindstrom, Senior Investigator at Global Witness’s Land and Environmental Defenders campaign, said:

“The tsunami of arrests of peaceful demonstrators fighting EACOP has exposed the limits of TotalEnergies’ commitment to human rights.

“The company cannot in good conscience press ahead with the pipeline while peaceful protesters are being attacked for exercising their right to free speech. It must adopt a zero-tolerance approach to reprisals.”

On 9 August, 47 students and three drivers were intercepted on their way to protest the pipeline and diverted to a police station. Just six weeks earlier, 30 people were arrested outside the Chinese embassy. In early June, environmental campaigner Stephen Kwikiriza was abducted and detained by the army, who reportedly beat him and dumped him on the side of a road a week later.

NGOs working on environmental conservation and oil extraction have also reported that their offices have been raided, and their staff intimidated and harassed, which has deterred many from speaking out about the pipeline.

Hindstrom added:

“Climate activism is under threat around the world, while fossil fuel companies quietly benefit. European oil companies cannot absolve themselves from responsibility while their investments fuel climate destruction, reprisals and violence overseas.”

Original Source: globalwitness.org

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