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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 defenders, which seem to be only aimed at punishing them for
their legitimate human rights activities.
The
Observatory calls on the Ugandan authorities to put an end to any act
of harassment, including at the judicial level, against Desire
Nkurunziza, as well as against all human rights defenders in the
country.
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