Uganda: Judicial harassment of environmental and human rights activist Desire Nkurunziza

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.