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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

Statement: The Energy Sector Strategy 2024–2028 Must Mark the End of the EBRD’s Support to Fossil Fuels

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The European Bank for Reconstruction and Development (EBRD) is due to publish a new Energy Sector Strategy before the end of 2023. A total of 130 civil society organizations from over 40 countries have released a statement calling on the EBRD to end finance for all fossil fuels, including gas.

From 2018 to 2021, the EBRD invested EUR 2.9 billion in the fossil energy sector, with the majority of this support going to gas. This makes it the third biggest funder of fossil fuels among all multilateral development banks, behind the World Bank Group and the Islamic Development Bank.

The EBRD has already excluded coal and upstream oil and gas fields from its financing. The draft Energy Sector Strategy further excludes oil transportation and oil-fired electricity generation. However, the draft strategy would continue to allow some investment in new fossil gas pipelines and other transportation infrastructure, as well as gas power generation and heating.

In the statement, the civil society organizations point out that any new support to gas risks locking in outdated energy infrastructure in places that need investments in clean energy the most. At the same time, they highlight, ending support to fossil gas is necessary, not only for climate security, but also for ensuring energy security, since continued investment in gas exposes countries of operation to high and volatile energy prices that can have a severe impact on their ability to reach development targets. Moreover, they underscore that supporting new gas transportation infrastructure is not a solution to the current energy crisis, given that new infrastructure would not come online for several years, well after the crisis has passed.

The signatories of the statement call on the EBRD to amend the Energy Sector Strategy to

  • fully exclude new investments in midstream and downstream gas projects;
  • avoid loopholes involving the use of unproven or uneconomic technologies, as well as aspirational but meaningless mitigation measures such as “CCS-readiness”; and
  • strengthen the requirements for financial intermediaries where the intended nature of the sub-transactions is not known to exclude fossil fuel finance across the entire value chain.

Source: iisd.org

Download the statement: https://www.iisd.org/system/files/2023-09/ngo-statement-on-energy-sector-strategy-2024-2028.pdf

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Uganda: Judicial harassment of environmental and human rights activist Desire Nkurunziza

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UGA 001 / 0923 / OBS 037
Arbitrary detention /
Release /
Judicial harassment
Uganda
September 5, 2023The Observatory for the Protection of Human Rights Defenders, a partnership of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), requests your urgent intervention in the following situation in Uganda.

Description of the situation:The Observatory has been informed of the arrest and subsequent release of Desire Nkurunziza, an environmental and human rights activist and the elected leader of Nyairongo village, Kikuube district, mid-western region of Uganda. As a member of the Save the Bugoma Forest Campaign (SBFC) community task force, Mr Nkurunziza has been calling out the local and central government authorities about the deforestation of the Bugoma Central Forest Reserve, which has been leased to the Hoima Sugar Limited company, mainly for sugarcane cultivation, by the Bunyoro Kitara Kingdom, South-West region of Uganda. This project is not only affecting the biodiversity of the forest but also the local community, which has been subjected to extortion by land grabbers associated to Hoima Sugar Limited and/or its agents.

On July 16, 2023, two cars came to Desire Nkurunziza’s home in Nyairongo trading center, one of them belonging to a supervisor of Hoima Sugar Ltd and the other to an associate of the Kikuube Resident District Commissioner, both known by Mr Nkurunziza. The two men informed him that two of his village members were arrested in the forest, now a sugar cane plantation, and he agreed to go with them to help his constituents. Upon reaching the plantation, he was handed over to armed Hoima Sugar Ltd personnel, who started beating him and then recorded a video accusing him of illegally cutting down sugar cane. He was then taken to the Kikuube police station by the same Hoima Sugar Ltd car, where he was arrested on the grounds of “incitement of violence” and “criminal trespass” under Section 51 and 302 of the Penal Code Act, respectively, and detained there by the police for two days. He requested temporary release from police bond – custody -, but his request was denied.

On July 18, 2023, he applied for Court bail, which was denied even though he fulfilled all the requirements set by the Court and no reason was provided. He was then remanded to Kiryatete prison.

After reporting back to court on July 24, Desire Nkurunziza was released on Court bail. He had to pay a cash bail of 300,000 Ugandan shillings (approximately 74 Euros) in addition to satisfying all the conditions for release, with the obligation to report back on August 31, 2023, to the Chief Magistrates Court of Hoima, which is handling the matter. During his audience, the magistrate informed him that he would need to report back once again to the Court on November 2, 2023, without providing any reasons.

The Observatory recalls that the Bugoma Forest is the second biggest natural forest reserve in Uganda. In recent years, it has been claimed by the Bunyoro Kitara Kingdom, Western Uganda, which obtained a land title through irregular ways before it leased it to sugar manufacturer Hoima Sugar Limited for sugarcane cultivation, to establish an urban centre, develop eco-tourism, and restore a portion of the forest reserve. Before leasing the land to Hoima Sugar Limited, an environmental and social impact assessment (ESIA) certificate was issued by the National Environment Management Authority, in circumstances that have been contested by the Africa Institute for Energy Governance (AFIEGO) in courts of Law. The contestation is based on the allegations that the assessment was made without consulting the local community, even though this issue clearly concerns them. A trial which aims to annul the ESIA certificate is ongoing in front of the Court of appeal.

The Observatory further recalls that this is not the first time that defenders of the Bugoma Forest are targetted for their legitimate human rights activities. In September 2020, nine environmental rights defenders were arbitrarily arrested for defending the Bugoma Forest, including Venex Watebawa and Joshua Mutale, respectively team leader and Head of Programmes of Water and Environment Media Network (WEMNET), who were first arrested on their way to a radio talk show to discuss the dangers of sugar cane cultivation in the Bugoma Forest and call on peaceful protests, as well as Sandra Atusinguza, member of AFIEGO who went to the police station to negotiate their release and got arrested herself. These various acts of harassment against environmental and human rights defenders, in addition to the numerous arrests of local residents defending their right to access their own land, show the will of the local and national governments to intimidate and silence them.

The Observatory strongly condemns the arbitrary arrest and judicial harassment of Desire Nkurunziza, as well as the other above mentioned human rights defenders, which seem to be only aimed at punishing them for their legitimate human rights activities.

Source: fidh.org

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Uganda: Targeting community land and environmental defenders with criminal offenses is rising as two community land rights defenders arrested in a hotspot district of forced land evictions.

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By Witness Radio team

As land and environmental rights defenders strive to better their areas, they continue to bear the brunt of defending communities’ land rights from negative impacts brought by the development projects.

In Kiryandongo District, multinationals have increasingly chosen to adopt a strategy of criminalizing activities of community defenders who are working tirelessly to protect communities’ farming fields.

This criminalization method has captured area police units and use it to cause arbitrary arrest and detention, and prefer various offenses against community land and environmental defenders. Commonly used charges include criminal trespassing on a piece of land communities have cultivated for generations and causing damage to their own property. These actions have weakened the activism charisma of defenders and deter them from continuing with pushing back against illegal and forced land evictions. These tactics do not only undermine the legitimate work of community land and environmental rights defenders but also create an environment of fear and intimidation among those who dare to resist land grabbing and environmental degradation.

On the 22nd of August 2023, two community land rights defenders were rounded up for the seventh time in a period of two (2) years by police officers attached to Kiryandongo district police, and three workers from Great Seasons SMC Limited company Limited arbitrarily arrested and dumped in the Kiryandongo district police cells.

The defenders Barumangabo Sepriano and Ramu Ndahimana rounded -up and arbitrarily arrested from their farming fields preparing for the upcoming planting season, handicapped, and subsequently taken away.

“In the early morning hours, we were suddenly confronted by a group of armed people comprised of Kiryandongo district police personnel and individuals representing the company. Swiftly and forcefully, we were pushed into a white land cruiser bearing the registration number UBF 417C, which was later identified as the property of the evictors. Initially, the captors asserted that one of the grounds for our apprehension was our alleged trespassing on the company’s land.

However, upon arrival at the police station, the officers altered their claims and stated that we had supposedly posed threats to the company’s workers, a charge we vehemently denied. Shortly after a short period of time, another accusation of malicious damage was leveled against us. Astonishingly, we were informed that we were being held accountable for purportedly setting a structure ablaze.” One of the defenders narrated when visited by Witness Radio team at police.

The two defenders are among a group of community land and environmental rights defenders who have been on the forefront advocating for land, social and economic justice of communities in Kiryandongo district whose land is targeted for large-scale farming by multinationals.

Great Seasons SMC Limited, planting coffee on a large scale, is one of the multinational companies in the Kiryandongo district that have violently deprived communities of their rights to own land, and homes, demolished community schools, cut down food crops owned community members/families, destroyed water sources, and privately-owned health centers.

Over 35000 residents have lost their family lands after violent and forceful land evictions to pave the way for industrial agriculture. In addition to the Great Seasons SMC Limited, there are other multinationals implicated in land-grabbing activities, such as Kiryandongo Sugar Limited, Agilis Partners Limited, and Somdiam Limited.

Kiryandongo district police has preferred threatening violence, criminal trespass and malicious damage to property charges against the two (2) defenders.

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