The African Commission on Human and Peoples’ Rights (the Commission), meeting at its 81st Ordinary Session, held in Banjul, Republic of The Gambia, from 17 October to 6 November 2024:
Recalling its mandate to promote and protect human and peoples' rights in Africa, under Article 45 of the African Charter on Human and Peoples' Rights (the African Charter);
Also recalling relevant provisions of the African Charter that calls on Member States to adopt legislative and other measures to implement the rights and freedoms guaranteed (Article 1); guarantee the right to life (Article 4), the prohibition of torture and cruel, inhuman and degrading treatment (Article 5), the right to liberty and security of the person (Article 6), the right to freedom of expression and access to information (Article 9), the right to freedom of association (Article 10), and the right to freedom of assembly (Article 11);
Further Recalling the fundamental rights and freedoms of Ugandan citizens protected in the Ugandan Constitution, in particular, protection from inhuman treatment and any form of torture, freedom of peaceful assembly, association and expression, the right to a clean and healthy environment, and the right to participate in peaceful activities to influence the policies of the government (Articles 23, 24, 29, 38 and 39 respectively);
Concerned about the increased attacks against environmental human rights defenders and project affected persons peacefully exercising their fundamental rights and freedoms in Uganda, particularly those protesting against the construction of the East African Crude Oil Pipeline (EACOP), and other projects that negatively impact the biodiversity of Uganda and the population living in those areas;
Deeply concerned by the increased use of judicial harassment, including arbitrary arrests, unlawful detentions, and prosecutions; abductions; use of excessive force, incommunicado detention; torture and other forms of ill treatment, against activists and environmental human rights defenders in Uganda;
Condemning the numerous incidents of reprisals against environmental defenders since 2023, including the arrest of 7 environmental protestors outside the Chinese Embassy in Kampala on two occasions in one week; the arrest of 4 Kikuube community members following a peaceful march against the Chinese-owned Daqing Construction Group; the arrest of 30 anti-oil protestors protesting in front the Chinese embassy; the arrest of 4 peaceful protestors marching to the Chinese Embassy; the arrest of 47 anti-EACOP student activists; and the arrest of 21 protestors delivering a petition to the Ministry of Energy demanding a Fossil Fuel Treaty and an end to EACOP, among many other incidents;
Further condemning the recent enforced disappearance of Stephen Kwikiriza, an environmental human rights defender who documented violations in the Kingfisher Development Area and was subjected to forced disappearance for five days and subjected to ill treatment and brutal treatment before his release;
Noting the repeated harassment and ill treatment of environmental defender Bob Barigya, including being beaten by 15 Ugandan police officers while attempting to hold a public debate on EACOP in January 2023;
Condemning the use of the judicial system to pursue questionable and vague criminal charges against activists, including incitement of violence, common nuisance or obstruction of a police officer, to harass and intimidate them, and effectively criminalizing legitimate protest activities;
The Commission:
(a) Call upon the Government of Uganda to:
i. ensure full respect for the rights to freedom of expression, peaceful assembly, protest, and association as guaranteed by the Ugandan Constitution, regional, and international human rights law;
ii. cease, the increased attacks, arbitrary arrests, detentions, ill treatment and harassment of activists exercising these fundamental rights and freedoms;
iii. drop all pending criminal charges against individuals arrested for peaceful protest activities; and
iv. conduct prompt, thorough, and impartial investigations into all allegations of human rights violations against activists, including cases of torture and enforced disappearance.
(b) Encourages the Government of Uganda to ratify and domesticate the International Convention on the Protection of All Persons from Enforced Disappearances and implement its provisions in domestic law;
Done in Banjul, The Gambia 6th November 2024
