Three cases have been filed in the High Court of Uganda against the country’s Attorney General, Mr. Kiryowa Kiwanuka and ten police officers in their private capacity. The plaintiffs are 8 Ugandan environmental and human rights activists, alleging violations of their human rights following crackdowns on protests. The activists represent a larger group of 192 activists whose human rights have allegedly been violated after protesting for several environmental causes.
Anthony Odur, one of the lawyers supporting the activists, told All Africa that on 8 separate occasions, peaceful protestors were illegally arrested and detained for prolonged periods of time. In particular, it is argued that these were violations of the activists’ constitutional rights under Articles 28 and 29 of the Constitution of Uganda. Under Article 28 of the Constitution, Ugandan citizens have a “Right to a fair hearing”, whereas Article 29 protests their “freedom of conscience, expression, movement, religion, assembly and association”.
In addition, the activists are also alleging other offences, including harassment, intimidation, and actions taken against their offices. The activists are demanding that the High Court declare the police officers’ actions as a violation of Article 24 and 44 of the Constitution of Uganda. Under Article 24 of the Constitution, Ugandan citizens have the right to “Respect for human dignity and protection from inhuman treatment”. Article 44 provides a “Prohibition of derogation from particular human rights and freedoms”. By seeking a declaration that these protections have been violated, the activists are asking the court to determine that the police officers inflicted “torture, brutality, and inhuman and degrading treatment”.
Finally, All Africa reports that the activists are pursuing a permanent injunction in order to stop the authorities from interfering with the rights and work of environmental defenders.
This action comes as environmental defenders are increasingly at risk across the globe.
In 2019, Global Witness reported that as many as three people are killed a week across the globe while trying to protect environmental rights. Environmental defenders face mounting threats, including violence, harassment, and legal intimidation. In a related development, Greenpeace announced this week that they might be pursuing litigation against Energy Transfer over a Strategic Lawsuit Against Public Participation (SLAPP), which they argue is intended to silence criticism and deter activism.
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