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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

EACOP: The number of activists arrested for opposing the project is already soaring in just a few months of 2025

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By Witness Radio team.

There is concern over the escalating arrests of environmental activists in Uganda opposing the construction of the East Africa Crude Oil Pipeline (EACOP). These have been frequently subjected to brutality and torture by the armed forces, especially during operations.

According to Witness Radio’s investigations, over 15 activists have fallen victim to the arrests since the start of this year, 2025, a number that is likely to escalate due to the continued brutalization and criminalization of the EACOP activists’ activities. These youth groups merge with different activist groups, including Students Against EACOP Uganda, Extinction Rebellion Justice Movement Uganda, and StopEACOP movement, among others, to demand justice and accountability over the Mega EACOP project.

The activists are against implementing the EACOP project, a significant oil development initiative that they believe will harm the environment and the people of Uganda. The project involves the construction of a 1,444 km heated pipeline from Hoima in Uganda to Tanga in Tanzania, transporting crude oil from Tilenga and Kingfisher fields. The activists’ concerns include disruption of ecosystems, water resource contamination, climate change, and oil spills. They argue that the project has already resulted in unfair compensation and resettlement, forced displacement, and loss of livelihoods to the host communities.

However, despite their efforts and substantial cause to protect both people and the environment, they are continuously faced with brutal arrests and charges, including public nuisance, unlawful procession, and inciting violence, among others.

Speaking to Bob Barigye, one of the activists, he expressed frustration over the charges against them, which he says have rendered them outcasts in society.

“Can you imagine raising an important issue and you’re labeled as nonsensical? Because we are exposing the project’s negative effects, we are being charged with common nuisance and inciting violence, among others. These charges have tarnished our reputations in our societies,” he revealed.

The government has often responded harshly to those opposing the EACOP project. Activists and affected communities have faced severe criminalization, persistent threats, and, in some cases, legal action for refusing to surrender their land for the project.

The latest incident happened on March 19th, 2025, when over 30 youths marched to parliament to deliver their petition to the speaker of Uganda, Anita Annet Among, in protest of the ongoing construction of the East African Crude Oil pipeline. The demonstrators were intercepted by armed police, resulting in the brutal arrest of four of them.

The activities attached to Extinction Rebellion Justice Movement Uganda had four of its members arrested, namely, Mpiima Ibrahim, Brian Wasswa, Lubega Hakim, and Ejimu Clavin, were later charged with common nuisance and are currently remanded in the Luzira Maximum Prison until March 25th.

In response to the arrest of its members, the Extinction Rebellion Justice Movement Uganda, on its x handle, posted, “Our fearless members have been brutally arrested and beaten while peacefully marching to Parliament to deliver a petition demanding an end to fossil fuel subsidies.” In a follow-up post, the movement added, “We demand their swift release and an immediate end to fossil fuel subsidies. This fight for justice and a sustainable future needs all of us,” the movement added.

Despite ongoing protests, the government has maintained that Uganda’s oil development project is irreversible and will proceed as planned. The EACOP project involves the construction of a 1,444km heated pipeline from Hoima in Uganda to Tanga in Tanzania, transporting crude oil from Tilenga and Kingfisher fields. The government argues that the project will bring economic benefits to the region and is being implemented with due consideration for environmental protection and community welfare. They also point to the potential for job creation and economic growth that the project could bring.

Nearly a month ago, 11 environmental activists were arrested while marching to the EU headquarters in Uganda to deliver their plea to one of its member states in France to stop their involvement and support of the EACOP project in Uganda.

The eleven were released and ordered to report to Buganda Road Court as a requirement for their bail bonds, while the four were remanded until tomorrow, March 25th.

Last year, the Witness Radio team recorded over 100 cases of arrests involving EACOP activists.

This year, the cycle of oppression, brutal arrests, and persecution of those opposing the pipeline has continued, with 15 cases reported in recent months.

However, these repercussions have not weakened the activists’ resolve. Instead, they remain steadfast in their determination to demand transparency and accountability regarding the project’s consequences. Their resilience in the face of adversity is a testament to the importance of their cause and the need for continued support and awareness.

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Latest: Buganda Road Court grants bail to Eleven Ugandan environmental activists after spending over a week on remand.

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By Witness Radio team.

The committed environmental activists, who steadfastly advocated for halting the East Africa Crude Oil Pipeline (EACOP) Project, have been granted cash bail after a week-long stint in prison.

Court led by Her Worship Jalia Basajjabalaba granted each environmental activist a cash bail of 100,000 Uganda Shillings.

The accused were arrested on February 26, 2025, as they were marching to deliver a petition to the European Union Delegation at their headquarters in Kampala, Uganda.

Upon arrest, they were arraigned before the Buganda Road Magistrates Court and charged with common nuisance, a legal term often used to describe actions that cause inconvenience or harm to the public or a section of the public.

The eleven include Shafic Kalyongo, Joseph Ssengozi, Namuddu Rahima, Gilbert Nayebare, Arafat Mawanda, Hillary Mangeni, Brilliant James Mufere, Desire Ndyamwesiga, and Keisha Ali.

The environmental activists wanted the EU delegation to use its influence over France, one of its member states, to stop supporting Total Energies in the EACOP project. The project has become a source of frustration for the Ugandan and Tanzanian communities.

Total Energy and Other shareholders, including the state-owned China National Offshore Oil Corporation (CNOOC) and the governments of Uganda and Tanzania, spearheaded the construction of the EACOP, which stretches 1,445 kilometers from Hoima, Uganda, to the port of Tanga, Tanzania.

The protesters emphasized that the pipeline project, which involves extensive land clearing and potential oil spills, will cause significant environmental damage and has already destroyed people’s livelihoods, particularly those dependent on agriculture and fishing in the affected areas.

The activists will appear in court for their April 8, 2025 trial.

 

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Buvuma Palm Oil Tree Growing: more community land rights defenders are getting targeted, facing judicial harassment, and others are jailed on trumped charges.

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By Witness Radio team.

Majjo, a farming village in Buvuma District, is approximately 180 kilometers from Uganda’s capital, Kampala. Situated near Kitamilo, the district headquarters, the villagers lived in peace until the introduction of oil palm plantations around 2015. Since then, the communities have faced increasing unrest.

The push for the palm oil project expansion has emboldened land spectators and oil palm brokers to seize more land from neighboring communities. Those who resist often face harsh consequences, as they are criminalized by these influential individuals behind the land grab. These individuals, well-connected and shielded from accountability, use their power to suppress any opposition to their land acquisition activities.

At 8 am EAT on Thursday, February 20, 2025, community land rights defender Mr. Ssentongo Livingstone, dressed in a blue shirt, brown trousers, and worn-out black shoes, was heading to the Grade One Magistrate Court in Buvuma for his court hearing. Ssentongo has become a committed advocate for land rights in his community, enduring oppression while continuously mobilizing his fellow villagers to resist the land grabs associated with the expansion of oil palm plantations.

I had hoped to interview him that morning about the growing criminalization of those opposing the palm oil plantations in Buvuma. Still, it was impossible as he was in a hurry to attend court. He said, “I am rushing to court now. I have to attend a court hearing, but I will talk to you later, probably after the court session.” When I asked about the case, he explained that he faced several criminal charges, including trespassing and others. This prompted me to follow him and observe the court proceedings.

The journey to court was short, taking only about twenty minutes on foot. As we walked, Ssentongo angrily remarked, “Is it because I am closer to the court, police, and prison that I am treated this way?” He speculated that the land grabbers might be using this opportunity to repeatedly target and arrest him.

Along the way, I accompanied him and his lawyer in solidarity. Ssentongo was also joined by fellow community members in Majjo and Bukula villages who, like him, are facing similar criminal charges from the Buvuma cartel of land grabbers, though today, it was Ssentongo’s turn. The community members expressed their frustration and disbelief at the repeated targeting of their fellow villagers.

Ssentongo, in court, was represented by his lawyer, Adongo Sarah, from Witness Radio Legal Clinic, a Witness Radio – Uganda department. The hearing started at precisely 9 am. Before his Worship, Johnson Talemwa began with a case concerning carrying out prohibited activities in the forest reserve.  The prosecution alleged that the defender cut, burnt, or destroyed flora in the forest reserve, growing trees and other growing shrubs without a license in the Kirigye local forest reserve.

During the court hearing, the defense was expected to present a witness to support the claim that Ssentongo was a legal occupant of the land, which is being called a forest reserve. However, the defense counsel pointed out discrepancies in the case, noting that the accused was being tried twice by the same court, with the same complainant, for the exact charges.

“My Lord, my client is being tried on the same case twice by the same complainant; this is not right. I pray that your court looks through this matter for further indulgence.” Counsel Adongo revealed.

His Worship, in response, requested Counsel Adongo file her submission with proof that her client was being tried twice on the same case and thereafter adjourned the case to March 13, 2025, for a ruling.

Thinking that we were done with the day’s court appearance, as the case we had come for had been adjourned, we were shocked to see a second file related to Mr. Ssentongo was called. Now, this was a criminal trespass case before Magistrate Court. In this case, Buvuma College School, the complainant, accused Ssentongo of illegally occupying the same land, which the District claimed is part of the Kirigye forest reserve. Then, there is the third case, which involved allegations of illegal activities on forest land, with Ssentongo again accused by Buvuma District of occupying Kirigye Forest land.

Both cases were also adjourned to the same date, March 13, 2025, because the defense lawyer was new to the cases and requested more time to review the files. Counsel was instructed to file her submissions by March 7, allowing the Magistrate time to review the submissions before issuing a ruling on the 13th.

The relentless and exhausting persecution faced by families in Majjo and Bukula villages, Nairambi Sub-county, Buvuma District, is a stark reminder of the injustice prevailing in our society.  Those who resist surrendering their land for oil palm cultivation are the most targeted, and many families face similar hardships, with some having two or three cases heard in one day, all stemming from their fight to protect their land from being seized.

These communities are being persecuted by a powerful alliance of Buvuma District officials, judicial personnel, police officers attached to Buvuma District Police, officials from Buvuma College School, and workers from OPUL. Together, they have criminalized the actions of several community members, all to facilitate the expansion of palm oil plantations.

During arrests, family heads are forcibly taken from their homes by armed police officers, acting on orders from a powerful trio of Buvuma District officials, Buvuma College School, and workers from OPUL. They are then arraigned before court, unscrupulously charged with multiple offenses, and enduring unnecessary suffering.

“We are arrested without reason and a warrant,” said one Kyeswa Steven. “The only explanation we are given is that it’s an order from above. But why are we being punished for defending the land we legally acquired? Why don’t they buy land elsewhere?”

In one of the cases, on November 7 last year, Mr. Ssentongo’s home in Majjo was raided by two armed police officers from Buvuma police station. They handcuffed and arrested him, stating that the order came from Buvuma District Police Commander Bagole Michael and that they were instructed to take him to the district police station.

“They raided my home around 10 am while I was having breakfast. They were armed, told me not to run, and warned me that if I did, they would shoot me. They handcuffed me, placed me on a police motorcycle, and instead took me straight to court,” he recalled.

Upon arrival, Ssentongo claimed he had been immediately charged with prohibited activities in a forest reserve.

“It seemed like they were well-prepared. The file had already been prepared, and the charges were quickly read to me. I was remanded for over a month without a proper hearing.” The defender, now out on bail, recounted,” he added.

Mr. Ssentongo further explains that this powerful alliance has not only criminalized him and his fellow community members but has also resorted to violence, assault, and threats against the families of those leading the resistance to the land grab. His wife stands as a testament. In an interview with Witness Radio, Namisango Juliet says a day after the arrest of his husband, on November 8 at night, goons armed with sticks and dressed in casual clothes attacked and brutally beat her while accusing her and the family of refusing to vacate the contested land.

“On that day, three people invaded our home at around 10 pm. They found me bathing. So, when I attempted to get into my house, they held me, beat me, and threw me to the ground, accusing me of supporting my man in the resistance. They said once I failed to convince him to vacate the land, they would come for my life.” She added.

Another resident, Nsubuga Charles, was ordered to vacate his land after losing a court case. He has been arrested and charged with criminal trespass three times. On January 24, 2025, the court ruled in favor of Buvuma College School, ordering Nsubuga’s eviction and barring him from using or accessing the land despite his legal rights to the property.

Before the ruling, in November 2024, the magistrate had instructed Nsubuga to stop using the land while the case was pending. However, in December 2024, the magistrate sentenced Nsubuga to four months for allegedly disobeying his order. Nsubuga maintains that the magistrate was unfair, stating, “The magistrate said I had cultivated and planted crops on the land, which wasn’t true. He based his judgment on hearsay and didn’t conduct a locus visit, making the charges against me unjust.”

Additionally, the magistrate fined Nsubuga one million Ugandan shillings (1,000,000 UGX) for allegedly disobeying his orders despite his having already served his sentence.

Ssentongo is currently battling with cases CRB:301/2023, accused of illegally occupying Kirijje forest land (offense carrying out prohibited activities in forest reserve), CRB 232/2024 with complainant Kabale Denis (District Forest Officer) charged with carrying out prohibited activities in the forest reserve and CRB 098/2023 on criminal trespass with Buvuma College administration, the complainant.

In 2020, he was arrested, charged with criminal trespass in case number CRB:131/2020, and sentenced to one year in Majjo prison.

“I think you have witnessed what I have been through. Today alone, I have three cases, just the ones currently being heard. I have been arrested and charged over nine times. Imagine, and the reason is that I am resisting and mobilizing my community to fight against the land-grabbing scheme orchestrated by powerful, connected individuals,” Ssentongo revealed in an interview with the Witness Radio team.

Others facing persecution are

  1. Steven Kyeswa, Kisekwa Richard, and Kibondwe Chrysostom on CRB 141/2024 on assault charges.
  2. Kisekwa Richard and Kibondwe Chrysostom on CRB:251/2023 were accused of criminal trespass.
  3. Nsubuga Charles on CRB: 263/2021, CRB 165/2022 and CRB:263/2023. In all cases, he was charged with criminal trespassing on his land, and the Buvuma school administration accused him of trespassing on the school’s land. According to Nsubuga, the school withdrew criminal case number 165/2022 and subsequently filed a civil case (022/2023), which was ruled in their favor.

Whereas community defenders are charged with the same criminal offenses by the same complainants in Buvuma, according to Uganda’s constitution, this is unlawful. Section 18 of the Penal Code Act Cap 120 states that a person shall not be punished twice for the same offense under this Code or any other law.

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