The Observatory has been informed about the ongoing arbitrary
detention and judicial harassment of 11 environmental rights defenders,
namely Ms Nalusiba Phionah and Messrs Baribye Bob, Nayebare Gilbert, Tukamushaba Guston, Kasimbe Umar, Namanya Keith, Ssengonzi Joseph, Bituhanga Raymond, Ssekate Paul, Saazi Misach, Ssentongo Mohammed—now widely referred to as the #KCB11 [1].
They are part of the broader Stop the East African Crude Oil Pipeline
(StopEACOP) campaign, an ecological global movement led by a coalition
of local groups, activists, environmental rights defenders and
communities and both African and international organisations. The
campaign stands against the construction of the East African Crude Oil
Pipeline (EACOP), a major project by TotalEnergies involving a pipeline
to carry oil across Uganda and Tanzania, which poses significant risks
to the ecosystem and local communities’ rights.
The aforementioned environmental rights defenders have been denied
bail three times since their arbitrary arrest on 23 April 2025 and
remain detained at Luzira Maximum Security Prison, in Kampala, where
they have now been held for over 50 days, as of the publication of this
urgent appeal. The latest scheduled court appearance set for 12 June
2025, has now been postponed for the fourth time, to 26 June 2025.
On 23 April 2025, the #KCB11 environmental rights defenders were
attempting to deliver a letter expressing their disappointment and
opposition to Kenyan Commercial Bank’s (KCB) decision to fund EACOP. The
11 defenders entered the KCB Kampala branch peacefully, intending to
deliver the letter addressed to its General Manager, outlining concerns
about the bank’s role in financing EACOP. A bank official, believed to
be the Head of marketing, welcomed them and indicated they would meet
with the General Manager in another office. However, the defenders were
instead directed to the building’s basement, where police and security
officers were waiting. Without warning, the 11 defenders were
arbitrarily arrested,
under false pretences and charged with criminal trespass, which is
considered a minor offence under Ugandan law, and transferred to Luzira
Maximum Security Prison.
From the time of their arraignment onward, the environmental defenders have had their bail requests repeatedly rejected.
On 25 April 2025, they were brought before the Nakawa Chief
Magistrate’s Court for their first hearing and were denied bail,
resulting in their remand at Luzira Prison. Legal representatives filed
for a renewed bail application, but on 8 May 2025, the same court denied
the second request for release. Furthermore, on 27 May 2025, the court
adjourned the bail hearing due to the scheduling of the Annual
Prosecutions’ Symposium (APS) from 26 to 29 May, and the Office of the
Director of Public Prosecution (ODPP) team building on the 30th of
April, hence, the magistrate in absence instructed the case be adjourned
to 12th June. Later, on 12 June 2025, the rescheduled hearing for the
#KCB11 environmental rights defenders was further postponed to 26 June
2025. Lawyers representing the #KCB11 defenders requested afterwards
that the case be dismissed as to the prosecution team fails to present
witnesses—a position that the State Attorney did not contest.
Nevertheless, the Magistrate Justice Frank Namanya declined to dismiss
the matter, asserting the ‘‘alleged offence of criminal trespass was a
serious offence’’, which is inaccurate as it is considered minor under
Ugandan law (Section 302 of the Penal Code Act, Cap. 120). Adding to
these concerns, an unidentified lawyer, who was not part of the defence
team, reportedly removed the case file from the court without
authorisation. As a result to these irregularities, the defence
requested a short adjournment for 15 minutes to retrieve the case file
and proceed with a bail application, the Court Magistrate dismissed the
request and adjourned the proceedings instead.
The Observatory notes that the judicial reprisal against the #KCB11
defenders is part of a broader crackdown on environmental defenders
protesting against the construction of the EACOP, as Ugandan police have
already declared peaceful protest by student climate activists under
the #StopEACOP movement as illegal.
The Observatory further notes that in recent years, a surge in
arbitrary arrests, judicial harassment, and torture targeting
environmental rights defenders and groups advocating for environmental
and land rights have been documented. As of 3 September 2024, at least 81 environmental rights defenders protesting against large-scale oil projects in Uganda have been arrested. For instance, on 9 August 2024, 47 students were arrested by police officers in Kampala, as they were engaged in a peaceful protest against the EACOP project. Between May and June 2024, environmental activists like Adriko Sostein, Julius Tumwiine, and Stephen Kwikiriza were arrested and arbitrarily detained, as well as Bob Barigye, Noah Katiiti, Newton Mwesigwa, Julius Byaruhanga, Desire Ndyamwesigwa, Raymond Binntukwanga, and Jealousy Mugisha Mulimbwa. Lawyer Eron Kiiza, known for his advocacy for environmental protection and rule of law, has also been targeted and detained. In October 2024, United Nations Special Rapporteur on human rights defenders Mary Lawlor sent a letter
to the Ugandan government, raising concern about the increasing
harassment of activists opposing the EACOP, particularly Students for
Global Democracy.
These arbitrary arrests and detentions, and acts of judicial
harassment, are part of a persistent and intense repressive trend
against environmental and human rights defenders and affected
communities in the context of oil development projects in Uganda. This
highlights a broader pattern of silencing and undermining the
fundamental freedoms of peaceful assembly and expression guaranteed
under both Ugandan (Article 29 of the Constitution of Uganda) and
international law (Articles 19 and 21 of the International Covenant on
Civil and Political Rights - ICCPR).
The Observatory strongly condemns these acts of judicial harassment
of environmental human rights defenders in Uganda and expresses its
concerns about the arbitrary arrest and detention of the #KCB11
environmental rights defenders, which it believes is directly linked to
their legitimate and peaceful human rights activities in defence of the
environment. The persistent delays in the judicial process appear to be
systematic and undermine their right to a fair trial and access to
justice.
The Observatory urges the Ugandan authorities to immediately and
unconditionally put an end to all forms of judicial harassment against
the #KCB11 environmental rights defenders and to immediately and
unconditionally release them, as well as all arbitrarily detained human
rights defenders, notably environmental rights defenders from StopEACOP
campaign. The United Nations Special Rapporteur on environmental
defenders, Michel Forst, also raised the necessity of protecting environmental defenders in the context of EACOP projects.
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