Shooting of Mr. James Rukanpana and judicial harassment of four other TLC members

Shooting/

Judicialharassment

Uganda

September21, 2017

The Observatory for the Protection of Human Rights Defenders, apartnership of FIDH and the World Organisation Against Torture (OMCT), requestsyour urgent intervention in the following situation in Uganda.

Description of the situation:

TheObservatory has been informed by reliable sources about the shooting of Mr. James Rukanpana, as well as of thejudicial harassment of Messrs. SuleimanTrader, Jackson Magezi, Fred Kyaligonza and ProsperBusinge, members of the TwerwanehoListeners Club (TLC)[1]in the Rwenzori region of Western Uganda.

According to the information received,on September 12, 2017, Mr. JamesRukanpana was shot in both legs by armed guards hired by Ferdsult EngineeringServices Limited[2]in Kasenda, Western Uganda.

Recently, Mr. James Rukanpana has been advocatingfor the rights of local communities, and has been opposing the takeover of over20 crater lakes by Ferdsult Engineering Services Limited. He has activelyparticipated in radio talk shows and mobilized communities on the issue.

In addition, on July 28, 2016, TLC and localcommunities filed a civil court case (HCT 01-CV-MA 062) before Fort Portal HighCourt against Ferdsult Engineering Services Limited and Kabarole District LocalGovernment to secure the rights of the local communities to access crater lakesfor water and domestic fishing. On June 7, 2017, the court found that theexclusive use of crater lakes by Ferdsult Engineering Services Limitedfollowing the lease by Kabarole District was an abuse of the rights of localcommunities, and ruled in favour of local communities.

Mr. James Rukanpana had been instrumental in thesuccess of the court case and had transported local people who use crater lakesto attend court sessions in Fort Portal. An appeal has been filed by FerdsultEngineering Services Limited and is currently pending determination.

The shooting incident against Mr. James Rukanpanafollows a pattern of harassment against TLC members who have been threatened,assaulted and judicially harassed by Ferdsult Engineering Services Limitedsince 2016.

Parallel to the civil case filed by TLC againstFerdsult Engineering Services Limited and Kabarole District Local Government, acriminal case filed by Ferdsult Engineering Services Limited has been targetingMessrs. Suleiman Trader, Jackson Magezi, Fred Kyaligonza and Prosper Businge,four TLC members who had challenged the legality of Ferdsult Engineering ServicesLtd’s acquisition of 20 crater lakes and eviction of communities in KabaroleDistrict.

After being briefly detained on April 28, 2017,Messrs. Suleiman Trader and Jackson Magezi were released on April 29, 2017, oncourt bail pending trial.

On May 3, 2017, the four human rights defenders havebeen charged under criminal offenses related to the use of explosives,electronic gadgets and the poisoning of fish under Chapter 197 of the 1970 FishAct following allegations by Ferdsult Engineering Services Limited. Ifconvicted they would face up to seven years in jail.

The criminal charges against the four human rightsdefenders had initially been suspended pending the resolution of the civilcourt case filed by TLC against Ferdsult Engineering Services Ltd. The criminalcase has been suspended again pending the appeal procedure in the civilcomplaint.

In addition, the Observatory recalls that for hishuman rights work, TLC member Mr. Erasmus Irumbawas shot dead on June 23, 2017[3]. As of publication of this appeal, the trialof five suspects was ongoing before Fort Portal Magistrates Court pending itstransfer before Fort Portal High Court.

TheObservatory condemns in the strongest terms the shooting of Mr. James Rukanpana and urgesauthorities in Uganda to adopt effective measures to ensure the protection ofhuman rights defenders in the country. The Observatory calls for an immediate,thorough, impartial and transparent investigation without undue delay into theincident as well as into the killing of Mr. Erasmus Irumba and for thoseresponsible to be held accountable.

TheObservatory also condemns the judicial harassment against Messrs. Suleiman Trader, Jackson Magezi, FredKyaligonza and Prosper Businge and urges authorities in Uganda to put an end toall acts of harassment, including at the judicial level, against them and allTLC members.

Actions requested:

Please writeto the authorities in Uganda asking them to:

i. Guaranteein all circumstances the physical and psychological integrity of all human rightsdefenders in Uganda;

ii. Carryout an immediate, thorough, impartial, and transparent investigation into theshooting of Mr. James Rukanpanaas well as into the killing of Mr. Erasmus Irumba in order to identify allthose responsible, bring them before an independent tribunal, and sanction themas provided by the law;

iii. Putan end to all acts of harassment, including at the judicial level against Messrs. Suleiman Trader, Jackson Magezi, FredKyaligonza and Prosper Businge and all TLC members so that they are ableto carry out their work without hindrance;

iv. Conform tothe provisions of the UN Declaration on Human Rights Defenders, adoptedby the General Assembly of the United Nations on December 9, 1998, inparticular with its Articles 1, and 12.2;

v. Ensure inall circumstances respect for human rights and fundamental freedomsin accordance with international human rights standards andinternational instruments ratified by Uganda.

Addresses:

•President Kaguta Yoweri Museveni, President of the Republic of Uganda, Fax:+256 (0) 414 436 102 / + 256 41 4235459 / +256 41 4344012. E-mail:museveni@starcom.co.ug / aak@statehouse.go.ug
• Mr. William Byaruhanga, Attorney General, and Hon. Kahinda Otafiire,Minister of Justice and Constitutional Affairs of Uganda, Fax: + 256 414250829. E-Mail: mojca@africaonline.co.ug

•Mr. Mike Chibita, Director of Public Prosecutions, Ministry of Justice andConstitutional Affairs of Uganda, Fax: +256-414-258-565/341-316, Email: admin@dpp.go.ug

• Ms.General Jeje Odongo, Minister of Internal Affairs of Uganda, Fax: + 256414343088

• Mr MedKaggwa, Chairperson, Uganda Human Rights Commission, Email: uhrc@uhrc.ugTelephone: +256414348007

• Gen.Kale Kayihura, Inspector General of Police, Telephone: +256 (0) 712 755 999

• H.E.Mr. Christopher Onyanga Aparr, Permanent Mission of Uganda to the UnitedNations in Geneva, Switzerland. Fax: + 41 22 340 70 30. Email: mission.uganda@ties.itu.int

• H.E.Ambassador Mirjam Blaak Sow, Embassy of Uganda to the EU in Brussels, Belgium.Fax: + 32 2.763.04.38. Email: ugembrus@brutele.be,info@ugandamission-benelux.org

Pleasealso write to the diplomatic mission or embassy of Uganda inyour respective country

***
Paris-Geneva, September 21, 2017

Kindly inform us of any action undertaken quoting the code of this appealin your reply.

The Observatory for theProtection of Human Rights Defenders (the Observatory) was created in 1997by FIDH and OMCT. The objective of this programme is to prevent or remedysituations of repression against human rights defenders. FIDH and OMCT areboth members of ProtectDefenders.eu, the European Union Human RightsDefenders Mechanism implemented by international civil society.

To contact the Observatory, call the emergency line:

· Email: Appeals@fidh-omct.org

· Teland 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 22 809 49 29

[1] Based in the Rwenzori region of Uganda, TLC broadcastsweekly programs on human rights education, performs capacity building toenhance the ability of human rights defenders to perform their activities inthe region, provides civic education, monitors and documents human rightsviolations, and challenges unlawful government actions in court.

[2] Ferdsult EngineeringServices Limited is an Uganda-based engineering,procurement and construction (EPC) company. An agreement between Ferdsult Engineering Services Limited andKabarole District Local Government Council gave Ferdsult Engineering ServicesLimited sole access to the 20 crater lakes in the Rwenzori Region of Uganda. OnNovember 11, 2016, Ferdsult Engineering Services Limited applied for an interimorder to stop communities from fishing in the 20 crater lakes. The order wasissued by the Deputy Registrar of Fort Portal Court, permitting only FerdsultEngineering Services Limited access to fishing in the lakes.

[3] See the Observatory Urgent Appeal UGA 001 / 0717 / OBS 077, published on July 5, 2017.