Arbitrary detention and release of nine environmental human rights defenders

Release /

Judicial harassment

Uganda

September 18, 2020

The Observatory for the Protection of Human Rights Defenders, a partnership ofFIDH and the World Organisation Against Torture (OMCT), requests your urgentintervention in the following situation in Uganda.

Description of the situation:

TheObservatory has been informed by reliable sources about the arbitrary detentionand subsequent release of nine environmental human rights defenders who hadtravelled to Hoima to participate in peaceful demonstrations and call for theend of the destruction of the Bugoma forest, a protected tropical forest in thewest of Uganda.

Accordingto the information received, on September 15, 2020, Messrs. Venex Watebawaand Joshua Mutale, two journalists and respectively team leader and Headof Programmes of Water and Environment Media Network (WEMNET) Uganda[1],were arrested in Hoima (west of Uganda), on their way to attend a radio talkshow at Spice FM. They were then taken to Hoima district police station.

During theshow, the two defenders were supposed to discuss the risks and dangers of sugarcane growing projects in the Bugoma forest and allowing oil activities incritical biodiversity areas including rivers, lakes, national parks, forests,wetlands and others. They were expected to call the population to participatein peaceful protests that were planned for September 16 and 17 with the aim tocall for the end of the destruction of the Bugoma forest.

OnSeptember 16, 2020, Messrs. Samuel Kayiwa, environmental journalist,Head of Communication of WEMNET-Uganda and a member of the Human Rights Networkfor Journalists Uganda (HRNJ)[2],Vincent Sekitto, Ismail Kashokwa, John Kibego, threemembers of the Save Bugoma Forest Campaign, Joseph Mujuni, MosesMukiibi, two members of the Oil Refinery Residents Association (ORRA)[3],and Ms. Sandra Atusinguza, member of the Africa Institute for EnergyGovernance (AFIEGO)[4],went to the police station in order to negotiate the release of the twojournalists but they were in turn arrested and detained by the police. The policedepartment spoke publicly of a“preventive arrest”, saying: "we want to make sure they don't have thatdemonstration today", "we have them, and at a later stage we shall bereleasing them".

Policeofficers also claimed[5]that the organisers did not have the relevant authorisations to hold demonstrations, although police forces have nolegal or constitutional basis to authorize or outlaw peaceful protestsand local civil society organisations had previously notified the policestation of the demonstration in accordance with Ugandan law.

Messrs. SamKayiwa, Vincent Sekitto, Ismail Kashokwa, John Kibego, Joseph Mujuni, MosesMukiibi and Ms. Sandra Atusinguza were released on the same day, after six hoursspent in custody, without any charges, but were threatened by the police, whotold the defenders never to step in Hoima again.

Messrs. Venex Watebawaand Joshua Mutale, for their part, were released on police bond on September17, 2020, after spending two nights in custody, meaning that they remaintemporarily free while the police is still investigating their case.

TheObservatory welcomes the release of Messrs. Venex Watebawa, Joshua Mutale, SamKayiwa, Vincent Sekitto, Ismail Kashokwa, John Kibego, Joseph Mujuni, MosesMukiibi and Ms. Sandra Atusinguza, but expresses its deepest concern abouttheir arbitrary detention, which seemed to be only aimed at punishing them fortheir legitimate human rights activities. The Observatory urges the authoritiesof Uganda to put an end to any form of harassment against them and all humanright defenders in the country.

TheObservatory is further concerned about the repeating pattern of abusive arrestsagainst human rights defenders working on the impacts of investment projects inUganda, and underlines that individuals are usually released without charges,in what seems to be a series of operations of intimidation against thosedefenders. Moreover, many defenders that have been arrested and subsequentlyreleased continue to live on bond for years, with no subsequent prosecution.

Actions requested:

Pleasewrite to the authorities of Uganda asking them to:

i. Guarantee in allcircumstances the physical integrity and psychological well-being of Messrs. Venex Watebawa, Joshua Mutale, Sam Kayiwa, VincentSekitto, Ismail Kashokwa, John Kibego, Joseph Mujuni, Moses Mukiibi and Ms.Sandra Atusinguza, as well as all human rights defenders in Uganda;

ii. Put an end to anyform of harassment, including at the judicial level, against Messrs. Venex Watebawa, Joshua Mutale, Sam Kayiwa, VincentSekitto, Ismail Kashokwa, John Kibego, Joseph Mujuni, Moses Mukiibi and Ms.Sandra Atusinguza, and all human rights defenders in Uganda, and ensurein all circumstances that they are able to carry out their legitimate humanrights activities without any hindrance or fear of reprisals;

iii. Conform with theprovisions of the UN Declaration on Human Rights Defenders, adopted by theGeneral Assembly of the United Nations on December 9, 1998, especially itsArticles 1, 5 and 12.2;

iv. Ensure in allcircumstances respect for human rights and fundamental freedoms in accordancewith international human rights standards and international instrumentsratified by Uganda.

Addresses:

• Mr. Kaguta Yoweri Museveni, President of the Republic of Uganda, E-mail:museveni@starcom.co.ug / aak@statehouse.go.ug

• Mr. WilliamByaruhanga, Attorney General, and Hon. Ephraim Kamuntu, Minister of Justice andConstitutional Affairs of Uganda, E-Mail: mojca@africaonline.co.ug
• Ms. Jane Frances Abodo, Director of Public Prosecutions, Ministry ofJustice and Constitutional Affairs of Uganda, Email: admin@dpp.go.ug

• Dr. Katebalirwe Amooti, Acting Chairperson, Uganda Human RightsCommission, Email: uhrc@uhrc.ug

• H.E.Christopher Onyanga Aparr, Permanent Mission of Uganda to the United Nations inGeneva, Switzerland. Email: mission.uganda@ties.itu.int

• H.E.Mirjam Blaak Sow, Embassy of Uganda to the EU in Brussels, Belgium. Email:ugembrus@brutele.be, info@ugandamission-benelux.org

• H.E. Attilio Pacifici, Head of the Delegation of the European Union inUganda, Email: delegation-uganda-ppi@eeas.europa.eu

• Mr. Cathal Gilbert, HRD Focal Point, Delegation of the European Unionin Uganda, Email: cathal.gilbert@eeas.europa.eu.

Please also write tothe diplomatic representations of Uganda in your respective countries.

***

Paris-Geneva, September 18, 2020

Kindly inform us of any action undertaken quoting the code of thisappeal in your reply.

The Observatory for the Protection of HumanRights Defenders (the Observatory) was created in 1997 by FIDH and the WorldOrganisation Against Torture (OMCT). The objective of this programme is to preventor remedy situations of repression against human rights defenders. FIDH andOMCT are both members of ProtectDefenders.eu, the EuropeanUnion Human Rights Defenders Mechanism implemented by international civilsociety.

To contact the Observatory, call the emergency line:

· E-mail: Appeals@fidh-omct.org

· Tel and fax FIDH +33 (0) 1 43 55 25 18 / +33 1 43 55 18 80 Tel and fax OMCT +41 (0) 22 809 49 39 / +41 22809 49 29

[1] WEMNET-Ugandais a network of journalists and media practitioners seeking to create secureuncensored platforms for journalists and writers to promote environmentalawareness through writing and informing, educating the citizens who also usethe platform to highlight the various environmental abuses and demand foraccountability and good governance.

[2] Human RightsNetwork for Journalists-Uganda is a network of human rights journalists inUganda working towards enhancing the promotion, protection and respect of humanrights through defending and building the capacities of journalists, toeffectively exercise their constitutional rights and fundamental freedoms forcollective campaigning through the media.

[3] Oil RefineryResidents Association is a community-based organisation dedicated to promotingsustainable environmental use and land rights of vulnerable communities in theAlbertine region of Uganda.

[4] AfricaInstitute for Energy Governance is a public policy research and advocacy NGOdedicated to influencing energy policies to benefit the poor and vulnerable.

[5] See https://www.ntv.co.ug/news/akawungeezi/Poliisi-ekutte-bannamawulire-babiri-/4542248-5624168-4uacv9/index.html