Twerwaneho Listeners Club, Uganda
Editor's note: As this newsletter was being prepared, we received reports from the Twerwaneho Listeners Club (TLC) that one of their colleagues, Erasmus Irumba, was killed by a security officer, who has since been detained. Speaking with TLC staff, Front Line Defenders confirmed that it was important to nonetheless publish this interview below, which was done just days before the killing, as Erasmus passionately believed in the work of TLC and would have wanted readers to know about the important work of these human rights defenders.
The Twerwaneho Listeners Club (TLC) is a Ugandan NGO that conducts human rights advocacy through weekly radio programs centred on human rights education, capacity building of human rights defenders, civic education, the monitoring and documentation of human rights violations and the challenging of unlawful government actions in court. Since 2006, it has been working on unlawful evictions from public community land.
TLC approach to its human rights work lies the way communities are mobilized to advocate and defend their own fundamental rights. TLC has formed 64 village support networks and village budget club that are engaged in service public delivery monitoring, monitoring human rights violations and holding local leaders accountable for violating human rights. TLC has a total of over 1200 active grassroots activists advocating and promoting human rights under TLC
TLC has also used radio talk shows to rally masses around their rights to hold duty bearers accountable. This platform has not been used by many organizations because of government’s repression on individuals and organizations that are deemed to broadcast anti-government talk shows.
Through litigation, TLC has filled, 5 civil cases against government institutions and business entities for violating fundamental rights of citizens. TLC remains the only organization litigating against corporations and government institutions for violating human rights.
TLC achieved a great deal of success in the field of business and human rights in May 2017. TLC successfully concluded research and published a report on “Child labour in the supply chain of LafargeHolcim in Uganda” The report has drawn wide reaction from the general public duty bearers and civil socirty.
In the same period of May 2017, TLC successfully challenged in High Court the leasing away of 20 crater lakes to a national corporation Ferdsult Engineering Services Limited. The crater lakes found in western region were a source of water and food to over 20,000 people. High court ruled in favour of the communities.
However, during the process of litigation and advocacy, individual community activists were targeted with judicial harassment and physical assaults.
On 7 June 2017, charges of the use of poison or explosive or electrical devices were dropped against human rights defenders, Magezi Jackson, Trader Suleiman, Prosper Businge and Kyaligonze Fred. On 25 April 2017, the four human rights defenders were charged following their legal efforts to challenge Ferdsult Engineering Services Ltd’s acquisition of 20 crater lakes and eviction of communities in Kabarole District.
What was the situation your colleagues were working on in relation to Ferdsult Engineering Services activities?
On 29th May, 2015 the Kabarole District Local Government Council and Ferdsult Engineering Sevices Ltd entered into a Memorandum of Understating (MoU) for establishment of Fish Investment in Kabarole District with the guidance of the Attorney General of the Republic of Uganda. In the MoU, the Kabarole District Local Government Council granted to Ferdsult Engineering Services Ltd exclusive rights and use of 20 crater lake for 30 years. The 20 Crater Lakes included Saaka, Mwamba, Bukoni I, Nyabikere, Kifuruka, Lyantonde, Kanyango, Rugembe, Nzigamire, Ndikya, Rwandakara, Nyinabulitwa, Kigere, wabikere, Bukoni II, Nyinambuga, Kyaninga, Nyamiteza, Nkuruba and Nyamirima all in Kabarole District.
In July 2016, community members were banned by the company not to fish, collect water for domestic use, swim or carry out any activity near or around the mentioned crater lakes.
TLC grassroots activists raise the matter to TLC where it was resolved that the matter required legal redress. In August, 2016, the mater was filed the high court of Uganda. During this process until June 2017, members of the community and activists were harassed through the use of criminal charges, physical assaults to mention but a few.
25th April 2017, 4 of the vocal grassroots activists who were part of the civil matter as well as those advocating for the community rights were targeted, charged and arrested over criminal offenses such as use of poison, explosives or electronic gadget against the Fish Act. There were charged before the magistrate at Fort Portal and the complainant was Ferdsult Engineering Services Limited. TLC secured bail for the 4 after being charged.
Why is this issue important in the community?
- The crater lakes are the only source water for domestic use and animal watering for the communities.
- Fish from the crater lakes provided communities with food which improved the diets because ordinary peasants cannot afford buying fish and meat to balance their diets.
- There are many unemployed youth who have depended on the crater lakes for fishing to earn a living. The crater lakes have a variety of indigenous fish species that have for so many years been used as a source of income by fishing and selling the fish to other people across the region.
- The surrounding areas of the crater lakes boost of very fertile soils that were used for environmental friendly agriculture activities.
- The forests around the crater lakes were a valuable source of fire wood for the neighboring communities.
Community members attend a meeting at the TLC offices in Fort Portal, following a court session.
What happened to TLC colleagues after they were charged? What was the impact on them and their families of being charged? How did the wider community react to the charges?
On the 25th April, 2017 court issued an arrest warrant of Magezi Jackson, Trader Sulaiman, Businge Prosper and Kyaligonza Fred on charges related to the use of poison or explosion or electrical device contrary to the law.
Several members of the community and activists have been subjected to various forms of harassment including intimidation of their family members
Trader Sulaiman: “The day I was arrested, I immediately informed my family but no one appeared for fear of being associated with my activities and thus be harassed as well.”
Businge Posper: “Since those attacks and threats were carried out at my home, being a family home surrounded by unfriendly/uncooperative neighbors in line with my involvement in Human Rights’ defending it has caused me serious issues with some of my superior family members at home as well as my neighbors. Also being located in an isolated place in the out skirts of the town, my movements to and from town where I go to attend my business and other engagements related to Human Rights’ defending is very insecure because the attacker are at times wield with guns while carrying out their attacks. E.g. they attacked the home of my colleague Joseph Mashuhuko and narrowly survived two gunshots”.
Community reaction: The community members - both the affected and not affected - have been very supportive in all aspects the advocacy process. There have been regular court attendance, participation on radio programs, evidence given in court, attendance at rallies and even money donated for transport to attend court. The communities have stood up in support of all actions challenging the company takeover regardless of the harassment and attacks.
Is the use of legal harassment a problem for TLC - how? What is the impact?
Legal harassment remains one of the major challenges facing our work. It has been identified as an effective tool to disorganize our operations as an organization.
Legal harassment is time consuming, requires doing resource mobilization and advocacy to raise awareness on the threats. Intern, the time and energy that could have been spent of other activities is spend defending the legal threats coming up.
From another angle, many activists are scared away because of the danger legal harassment poses. There are so many activists and organizations resorting to silence for fear of being targeted with criminal charges. Radio stations are very selective and mindful of what to broadcast and not to broadcast. Family members and friends also tend to discourage HRDs from doing human rights work because of legal related harassments
From an organizational point of view, TLC has seen as an organization always facing off with government over criminal related offenses. Sometimes this scares away donor who may not have taken keen interest to understand why such criminal offenses are being used.
Those charges also limit the operational capacity of the organization. Instead of promoting rights of the vulnerable communities, the organization is busy responding to legal harassment cases.
The charges were dismissed - how does this help TLC and the work you are doing?
The criminal charges have not been dismissed because the civil matter is not yet fully concluded. Whereas high court ruled in favor of the communities, the company has appealed the high court judgement in the court of appeal. The criminal charges can be dropped once the court of appeal rules in favor of the communities.
In circumstances that the appeal goes in favor of the communities as has been in the high court, the activists will be free once again. They will resume doing their human rights work. TLC will also have a moment to concentrate achieve organizational objectives.
