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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

…..Special Report; Abridged testimony….. Arbitrary arrested and detained for representing PAPs; an experience of the Witness Radio – Uganda lawyer

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By witnessradio.org Team

Joan Buryerali is one of the seven lawyers who were kidnapped during the COVID-19 lockdown in the Kiryandongo district. The basis for the lawyers’ physical interface with Project Affected Persons (PAPs) was to gather more evidence in the run-up to the numerous cases filed against multinationals at the Masindi High Court.

Since 2017, three multinational companies namely; Great Seasons SMC Limited, owned by a Sudanese investor based in Dubai, Kiryandongo Sugar Limited, belonging to one Mauritius family called RAI Dynasty, and Agilis Partners Limited run by American twin brothers (Benjamin Prinz and Phillip Prinz) that are illegally and forcefully evicting more than 35,000 people off their land.

In March 2020, the Government of Uganda issued a directive halting any land eviction during the COVID period. However, this was disregarded; illegal evictions and violations/abuses of human rights continued across the country. Kiryandongo was among the hard-hit districts. Kiryandongo district recorded the highest level of impunity from some powerful investors and security operatives.

In response to the numerous distress calls, a team of seven lawyers set out to collect real evidence from individual community members affected by large-scale agricultural projects. On 29th June 2020, they traveled 220 Kilometers Northwest of Kampala on a mission to address the increased violence meted against the local population.

The actual work started on 30th June 2020. The lawyers drove 45 minutes deep in villages to meet victim communities and work commenced at 0900 hours East Africa Standard time from the hotel.

According to Buryerali, COVID-19 Standard Operating Procedures (SOPs) were observed as each lawyer had to keep a distance from each other and 6 meters with the victim being interviewed.

At around 15:00 hours, anti-riot police attached to Kiryandongo district police under the command of ASP Joseph Bakaleke arbitrarily rounded and forcefully arrested all the lawyers plus the seven (7) victim members that were being interviewed.  Police bundled them on a police patrol and another private numbered double cabin vehicle, which was later discovered to be driven by one of the Agilis Partners’ managers.

Below is Joan’s ordeal on the day of the arbitrary arrest and detention;

“We were ordered to stop whatever we were doing and jump onto police vehicles. When we tried to ask for reasons behind our kidnap, the Kiryandongo district Deputy Head of Criminal Investigation Department D/OCCID) Nyakaisiki Beatrice told us it was an order from above. She added that the DPC wanted us at  Kiryadongo central police station.  At that point, we had no choice but surrender ourselves to the gun wielding police officers who took us to the station.

On reaching there, neither was the District Police Commander (DPC) nor the Resident District Commissioner (President’s representative at the district) in office. There was one Ochenge Ismael, (Officer-in-charge of police unit administration) who stood in for the DPC. We tried to explain the essence of our work but our efforts were futile; the intention was to intimidate and have us detained. The sole purpose for this was to instill fear in us so that we abandon the eviction case.

The police officers had been bribed by these multinational companies to humiliate us before the people we were helping. Subsequent to failure to provide answers, the officer in charge ordered us to remove our shoes, enter the police cells, and wait for the DPC who later showed up the following morning.

While at the station, we kept on asking what crimes we had committed to whoever cared to listen. The D/OC CID insisted that it was an order from above.

After like three minutes another police officer came and commanded our team leader to move out. The same police officer returned and told us to vacant his office since it was time for official closure.

When we moved out, we found other police officers degrading and lifting our team leader by his trousers, yet he was calm. Irked by their inhumane treatment, we asked the police officers to stop harassing him. Our verbal exchange with the police escalated and they threatened to beat us. We were again told to remove shoes and leave our belongings at the police reception. We objected because we could no longer trust them. We instead handed over the items to our driver who would later transferred them to the hotel where we had previously spent the night. That evening, we were separated. The female lawyers were put in a congested cell separate from the one designated for men.

The police cell was very horrible! The foul smell was unbearable. The walls and floor were a mess. There was no cleaner space for any of us to scramble. The stench coming from the toilet was sickening if not stomach-turning! The filthy mattresses emitted urinal and faecal stench. The blankets were equally soiled. They had taken ages unwashed. The disturbing atmosphere kept us awake. At different intervals, each of us planted our nostrils on some big hole on the door to catch some fresh air. Kiryandongo police cell was not fit for human habitant. It was unhealthy for human beings to be there. Worst of all you were told to remove our shoes and move barefoot on such a dirty floor. Every single time I think about how dirty the cell was I feel disgusted. We even failed to eat have dinner. We surrendered our share to the women inmates. There was no way one could comfortably eat something in such a dirty place.

We could not use the sanitary facilities inside the cells. The women we found there had infections as a result of the dirty toilets. We instead accessed the outside facilities barefoot. To our dismay, they were also unclean. The following day, as we left the cell I could not touch my soiled and pathetic feet.

At about 9:00 am, Bakaleke Joseph, the then DPC showed up and we were released on bond. However, what saddened my heart was that the police officers knew that we had not committed any crime but detained us to sabotage our work.

At first, we were released without being charged. But for fear of being questioned, they arrested us again. This time we were charged with the offenses of conducting an unlawful assembly and spreading an infectious disease. These offenses were all false and fabricated. We had followed all COVID rules to the letter. Instead, the anti riot police flouted the rules by not wearing masks during the arbitrary arrest.

Immediately after our release, I imagined how our clients had lost faith in us. I felt harassed and belittled in front of the people I was supporting to get justice. Kiryandongo police painted a picture that they were superior and that the PAPs have nowhere to run to for any immediate assistance.

I have a dented professional because of the arbitrary arrest. I am being viewed as a chaotic person if not a criminal. This is because most people think that police only arrest offenders of the law. I no longer have a clear criminal record in the eyes of the public.

Why Criminalization?

Criminalization may be defined as the use of legal framework strategies targeting HRDs to illegitimate the work of HRDs. Its ultimate aim is to attack HRDs and/or impede their work. The criminalization of human rights defenders’ work through the misuse of criminal law involves the manipulation of the state’s punitive power by state and non-state actors to hinder their work in defense and thus prevent the legitimate exercise of their right to defend human rights

Criminalizing Human rights defenders’ work may lead to stigmatizations and delegitimization which affects the honor and public reputation of HRDs. Many analysts argue that stigmatization is part of the criminalization process.  The explanation of why delegitimization, stigmatization, and other forms of disparagement are sometimes equated with criminalization may lie in the fact that they may precede, or occur in parallel to, criminalization processes and that the aim in both cases appears to be to damage the public image of the HRDs so targeted.

“Speaking on behalf of the seven lawyers that were arbitrarily arrested and detained in Kiryandongo during COVID 19 lock-down, the actions of police tarnished our names. A mark was left on our reputation whereby some people in the society see us as chaotic and criminal individuals. Once you’re profiled and your name enters that criminal book, some officials may conclude that you no longer have a clear record.” Said Joan Buryerali

Effects of Criminalization of a PAPs’ lawyer?

There could be more effects to the use criminalize the work of a defense lawyer but, the immediate one is stigmatization. In other words, stigmatization and delegitimization should be considered as causes and/or consequences of criminalization. Criminalization involves the use of criminal charges to attack the work of human rights defenders. It may also be organized in such a way that it questions the personal or professional integrity of the HRDs it targets.

“Some Law firms and Organizations would not want to work with someone who does not have a clean record. They may hesitate to employ you thinking you will become a problem to them. This limits my working opportunities.” Said Bulyerali.

Criminalization may cause a financial burden on the victim HRD. Upon being released either on police bond or court bail, HRDs are required to report back (travel 440 Kilometers on every reporting) until a matter is heard and disposed of. Also, HRDs are forced to hire a lawyer to defend themselves.

Most importantly, criminalization is time-consuming and can ably cause physiological torture. Kampala where I am based and Kiryandongo district, these two places are distant from the other when reporting on police bond or court bail, you need two days on every reporting.

Criminalization has restricted my freedom of expression;

Restrictions on the freedom of expression are aimed at causing generalized fear, intimidating and silencing the denunciations, claims, and grievances of the victims of human rights violations, spurring on impunity, and impeding the full realization of the rule of law and democracy. For stance in Kiryandongo district several lawyers and many community land right defenders, some of them include Stella Akitenge, Atyaluk David Richard, Olupot James, Benon Baryaija and many others have been subjected to inhuman and degrading treatment or tortured, just because they are helping victim communities to mobilize, resist and push back such illegal evictions.

Using the restrictive legal framework to criminalize my work.

Some laws such as the Public Order Management Act, 2013 (POMA), Non-Governmental Organizations Act, 2016, the Anti-Terrorism Act, and the Financial Intelligence Act, have been used by some duty bearers to restrict the extent of work/ operations of HRDs.

In 2013, the POMA was passed to regulate freedom of assembly and ultimately the freedom of association. As seen above, the POMA is often cited by duty bearers to restrict civil society space. The law as it currently stands imposes conditions on holding public gatherings and demonstrations and criminalizes meetings held in contravention of section 5 of the POMA.

The police have on many occasions said that we did not ask for permission before conducting a meeting and they break it up. And yet the POMA only mentions giving notification to the authorized officer if the meeting falls within those regulated by the POMA.

Regarding the seven lawyers that were arrested in Kiryandongo by police, it hind behind POMA to detain the lawyers in cells for the whole night with an aim of not wanting them to proceed with their work and intimidate them. These arrests meanwhile are just to scare them trying to instill fear in them that in case they proceed with their work, they will be dealt with.

Conclusion

In many aspects as already demonstrated above, the COVID-19 period in Uganda presented difficulties and effects on the work of HRDs particularly lawyers for the PAPs, which projects a dark future. The challenging situation shared in this article should be used as a precursor to reflect and discuss the best environment for all defenders to do their work.

DEFENDING LAND AND ENVIRONMENTAL RIGHTS

18 arrested in oil pipeline protests

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Police in Kampala yesterday arrested 18 individuals who were marching to the Energy Ministry to deliver their petition to Minister Ruth Nankabirwa, expressing their concerns over the planned construction of the East African Crude Oil Pipeline (Eacop).

The arrested individuals are part of the more than 50 students from various institutions under their umbrella body, Students against Eacop Uganda, and a section of Eacop Project Affected Persons (PAPs) who are opposed to the building of the pipeline.

Mr Luke Owoyesigyire, the Kampala Metropolitan Police deputy spokesperson, confirmed the arrests.

 “We are holding 18 people who had gathered or assembled unlawfully with the intent to march to the Ministry of Energy. They are currently being held at the Central Police Station in Kampala on charges of holding unlawful assembly,” he said.

Mr Owoyesigyire added: “We are aware that this is the same group that has been moving to the Chinese Embassy, last time they were moving to the Chinese company in charge of oil drills and this group is very resilient because every week, we arrest them. Like they are not tiring, even us we shall not tire to deploy our officers to arrest them and produce them in courts of law.”

Eacop is a 1,443km heated pipeline that will be constructed from Hoima in Uganda to Tanga in Tanzania to transport the crude oil that is expected to start being extracted next year.

It is being constructed by four partners; Total Energies owning 62 shares, China National Oil Company (Cnooc) [8 percent], Uganda National Oil Company, and Tanzania Petroleum Development Corporation owning 15 percent shares each.

 

Soldiers arrest some of the protesters in Kampala yesterday. 

Affected areas

In Uganda, it passes through 10 districts of Hoima, Kikube, Kakumiro, Kyankwanzi, Mubende, Gomba, Sembabule, Lwengo, and Kyotera, 27 Sub-counties, three Town Councils and 171 villages.

Before the arrest, the PAPs and student activists said the project had caused more suffering and posed more risks.

Mr Robert Pitua, one of the students and a PAP, said the project, despite coming with rosary statements, did not benefit them.

“We want to reach these people as a way of raising our concerns. Livelihood restoration programmes were insufficient, and now we cannot manage to restore the initial livelihoods we had. Most people are given unfair and inadequate compensation. They are using the old valuation rate and yet we are supposed to be using the current one,” he said.

Mr Bob Barigye one of the activists, said “Some people were given Shs260,000 as compensation in an acre of land, which payment is not clear since it was valued at an old rate. So we are here to express our concerns in a peaceful protest since we wrote letters and reports in vain.”

Mr Stephen Okwai, another PAP, said: “Currently most of us in western Uganda are being disturbed. You cannot know when the rain is going to start and when it will stop yet most of these people are farmers. The effect of this oil project is greatly impacted on the grassroots people.”

One of the protesters being dragged onto the police pickup truck.

What government says

According to their official website, Students against Eacop Uganda is an umbrella body of different student climate activists who are fighting to stop the pipeline construction because of what they call its devastating environmental impact.

These claims were, however, bashed by officials from Eacop Ltd, a firm responsible for the construction of the pipeline.

Mr John B Habumugisha, the deputy managing director of Eacop Ltd, said 99 percent of PAPs have fully been compensated.

“As of August 2024, a total of 9,831 out of 9,904 (99 percent) of PAPs in Tanzania and 3,549 out of 3,660 (97 percent) PAPs in Uganda have signed their compensation agreements. 9,827 out of 9,904 (99 percent) PAPs in Tanzania and 3,500 out of 3660 (96 percent) PAPs in Uganda have been paid. All 517 replacement houses, (177 in Uganda and 340 in Tanzania), have been constructed and handed over,” he said.

He added: “Land is accessed by the project only after compensation has been paid and the notice to vacate is issued and lapsed. Eligible PAPs are entitled to transitional food support and have access to livelihood restoration programmes.”

About pipeline

The 1443km pipeline from Hoima in Uganda to Tanga Port in Tanzania is expected to reach financial close this year, with the nearly $3 billion debt component of the project coming from Chinese lenders Exim Bank and Sinosure. The project is financed on a 60:40 percent debt-equity ratio. As at the end of April this year, the Eacop project progress in Uganda and Tanzania stood at 33 percent.

Source: Monitor

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: A missing community environmental defender was found dumped by the roadside.

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By Witness Radio team.

An environmental human rights defender abducted five days ago while in Kampala has been found abandoned on a roadside in Kyenjonjo district, Witness Radio has confirmed.

Speaking to Witness Radio, a member at the Environmental Governance Institute (EGI) revealed that Stephen Kwikiriza was discovered at around 8:30 pm yesterday, abandoned on the roadside in Kyenjojo District. He added that the defender was severely beaten and is currently receiving medical attention at one of the hospitals in the country.

“We learned from his wife, whom he called, that he had been dumped in Kyenjojo. She informed one of our colleagues. We, therefore, had to find a means of rescuing him. He, however, was badly beaten and is not in good health,” he added.

Stephen Kwikiriza, a member of the King Fisher Project Affected Community, also working with the EGI, was abducted in Kampala by plain-clothed men, believed to be from Uganda Peoples Defense forces (UPDF) on 4th of June 2024 Tuesday morning.

According to sources, upon his (Stephen) abduction, he managed to send a text message to one of his colleagues at the Environmental Governance Institute (EGI), a local organization supporting project-affected persons, which reported a missing person.

The Kingfisher project is an oil project in western Uganda on the shores of Lake Albert, developed by the Chinese company China National Offshore Oil Company (CNOOC), of which TotalEnergiesis the main shareholder. The project will extract oil and be transported by the East African Crude Oil Pipeline (EACOP).

According to a statement from the Stop EACOP Coalition members, Stephen had been receiving various threats from UPDF officers deployed in the Kingfisher area. The coalition members believe these threats are retaliation for being outspoken against human rights abuses and the threats to his community’s livelihood posed by the Kingfisher oil project.

His abduction comes barely a few weeks after the forceful arrests of the seven environment activists namely Barigye Bob, Katiiti Noah, Mwesigwa Newton, Byaruhanga Julius, Ndyamwesigwa Desire, Bintukwanga Raymond, and Jealousy Mugisha.

On May 27th, 2024, the seven were arbitrarily rounded up by armed police in Kampala outside the Chinese Embassy in Kampala, Uganda while delivering a protest letter to the Chinese Ambassador to Uganda calling for his government not to fund a disastrous project.

On June 8, 2024, over 115 international civil society organizations wrote a statement in response to Kwikiriza’s abduction calling upon the Ugandan authorities to ensure the immediate and unconditional release of Stephen Kwikiriza.

In the statement signed by Both Ends, Bank Track, and SOMO among others, they called on Ugandan authorities to cease all forms of harassment of civil society organizations and community members living in and speaking out on the EACOP Kingfisher project and all other related oil projects, including the Tilenga project, and guarantee in all circumstances that they can carry out their legitimate human

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Seven Environmental activists against EACOP have been charged and released on police bond.

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By Witness Radio team.

Jinja Road police have preferred a charge of unlawful assembly against the seven environmental activists brutally arrested on May 27th, 2024, by armed police in Kampala for protesting against the intended financing of the East African crude oil pipeline project (EACOP) by the Chinese gov’t.

Section 66 of the Penal Code Act Cap. 120, states that any person who takes part in an unlawful assembly commits a misdemeanor and is liable to imprisonment for one year upon conviction.

The seven include Barigye Bob, Katiiti Noah, Mwesigwa Newton, Byaruhanga Julius, Ndyamwesigwa Desire, Bintukwanga Raymond, and Jealousy Mugisha. The group got arrested outside the Chinese Embassy in Kampala, Uganda in an attempt to deliver a protest letter to the Chinese Ambassador to Uganda calling for his government not to fund a disastrous project.

On May 27th, seven protesters chose to sit outside the embassy, vowing not to leave until embassy officials received their protest letter, which contained grievances and demands. However, this did not happen. Instead, the police swung into action, brutally rounding up the protesters before throwing them into a police patrol and taken to Jinja Road police. The arrest occurred before any embassy officials had engaged with the protesters.

According to activists, the EACOP project has caused severe human rights violations, poses significant environmental risks, and will contribute to the climate crisis.

The EACOP is a project spanning 1,443km from Kabaale, Hoima district in Uganda to the Chongoleani Peninsula near Tanga Port in Tanzania. It aims to transport oil from Uganda’s Lake Albert oilfields to global markets via the port of Tanga.

According to Uganda’s State House website, President Yoweri Kaguta Museveni on Thursday, April 4th, 2024, received a letter from the President of the People’s Republic of China, His Excellency Xi Jinping, expressing his unwavering support for the East African Crude Oil Pipeline Project (EACOP).

“Your Excellency, I received your letter, and I am very happy to let you know that I am in full support of EACOP. I believe that it will enhance socio-economic development for the region. I am confident that with the strong cooperation between our nations, this project will be a success,” message President Museveni on his X platform read in part.

On Saturday last week, Civil Society Organizations advocating for energy just transition, climate and environmental conservatism, and land justice addressed the media and appealed to the Chinese President to drop his interest in funding the EACOP pipeline after several banks and insurance companies had abandoned the Total-led project.

The government of China has now joined the list of entities, including Total Energies, in funding the controversial and potentially disastrous project that has continued to criminalize those who speak about its negative impacts.

The seven activists will report back to Jinja Road police station on June 4th, 2024.

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