STATEMENT GREAT LAKES CIVIL SOCIETY ORGNANISATIONS CALLING UPON THE GOVERNMENTS OF BURUNDI, DEMOCRATIC REPUBLIC OF CONGO (DRC), RWANDA AND UGANDA TO STOP HARASSMENT AGAINST ENVIRONMENTAL AND HUMAN RIGHTS DEFENDERS 7th MARCH 2014 Introduction The Great Lakes Region is undergoing significant developments in the exploration and exploitation of natural resources. The contributions of different actors such as state, companies, civil society and communities are critical in ensuring sustainable and equitable development. If well governed, the exploitation of extractives as well as other natural resources, coupled with the conservation of key biodiversity ecosystems in the Great Lakes will provide the necessary revenues to help the governments and the region to overcome the existing fundamental problems of poverty, unemployment, poor health and education services, lack of clean water, poor roads and others. Transboundary programme With support from IUCN National Committee of The Netherlands, civil society organizations from Burundi, DRC, Rwanda and Uganda commenced the implementation of a 3 year project to empower local communities in the above countries as a means to promote good governance in the management and exploitation of resources including fisheries, oil and others shared between the four countries. The project is named Transboundary Governance African Great Lakes programme and will run from January 2013 through December 2015. Amidst the project implementation, NGOs and other civil society groups working to promote good governance (human and environmental rights) have continued to face threats of violence and death, intimidation and arrests from some state agents and hired gangs. The threats to NGOs have left many in the region wondering about the state of Constitutionalism, rule of law and democracy in our countries and the region at large. There is a strong link between natural resource governance, and conflict risk and intimidation of civil society. Civil society can act as a bulwark against corruption and a voice for communities adversely affected by resource extraction. Silencing them will have devastating consequences in the long term. We treat these threats against individual environmental and human rights defenders as an assault on civil society s democratic rights, self-determination and individual liberties, and shall work with all stakeholders to take all practical steps to ensure that redress is obtained against the individual perpetrators of these illegal actions which have no place in free and democratic countries of the 21 st century. The NGOs have in the past appealed to governments and other responsible authorities to protect NGOs and
individuals against all kinds of human rights violations and will continue to do so using every available legal means. We have documented all the cases of threats against NGOs, environmental and human rights defenders and individual liberties, and we shall use this evidence to urge governments and regional bodies to take legal actions against officials who engage in such abuses and violations. We are appalled at the apparent lack of interest by the governments and regional bodies in enforcing the many good existing laws which provide for human rights protection, safe exploitation of natural resources and the protection of the environment,. While we do not wish to generalize the above concerns, it is our firm belief, which is consistent with our Constitutional duty to promote good governance in our respective countries and the region at large, that laws must be effectively implemented and enforced by the political leaders at all times in a manner that benefits the citizens even when that implementation may not reflect the preferred positions of the leaders. It is the failure to implement, respect and enforce laws that have continued to worsen human rights and environmental degradation in our countries and the region at large. As a result, the increased investments in the exploitation of natural resources has failed to improve the lives of our people, especially women and the poor and marginalized communities to whom we belong. Instead, these failures have created a society characterised by high levels of inequality, corruption and conflicts amidst an enormous wealth of natural resources of all kinds. The regional bodies such as the International Conference on Great Lakes Region (ICGLR), the East African Community (EAC), the Southern African Development Community (SADC) and others to which our countries are members are also not doing enough to ensure that member countries respect the traditional and constitutional rights of their citizens and the environment when exploiting cross-border natural resources. Disputes over borders especially between Uganda and the DRC have remained un-resolved for years; these impact heavily on the affected local communities and might trigger a new set of conflicts in the whole region. We urge the regional bodies and the national governments of Uganda, Rwanda, Burundi and the DRC to execute their respective responsibilities to end such disputes and to commit to the full implementation of the regional Benchmarks under the Peace, Security and Cooperation Framework agreement. All cases of border disputes should be urgently resolved with severe actions being taken against the intimidation and threats against NGOs and activists. It is our firm belief that a cowered population cannot contribute to the development of a democratic nation and peace building in the region. Yet without democratic national planning and decision-making processes in place, no country or region can achieve development to the benefit of their constituting members, their citizens and the protection of the environment on which the livelihoods of millions depend. Indeed, if the rights of citizens are disrespected arbitrarily and voices of reason subjected to unending intimidation, Constitutionalism and the rule of law will be eroded and the consequences can only be disastrous for our people and the whole region. Being fully cognizant of our duty to promote good governance by giving a voice to the voiceless in our respective countries through promotion of human rights,
environmental protection, social justice, equity, liberty, transparency and accountability in the management and utilization of natural resources, the NGOs under the Transboundary Programme together with partners from across the world hereby call upon:- i) The Governments of Uganda, Rwanda, Burundi and the DRC and all citizens everywhere across our borders to respect individual liberties and support NGOs and civil society in their work of promoting and defending human and environmental rights. Civil society like any other entity should be regulated through independent legal processes. Political attacks should stop immediately. ii) The ICGLR, EAC, SADC and other regional bodies should use every available legal mechanism to work with their member countries to undertake independent investigations into the cases of harassment and intimidation to civil, human and environmental rights defenders, NGOs and civil society as a whole. Culprits should be punished through a judicial process. iii) The ICGLR, EAC, SADC and other relevant regional bodies should appreciate that the level of rule of law in all their member countries is low and as such, they should use their regional mandate to shield groups such as civil society and others against any form of threats and harassment by anybody and wherever it happens. iv) The ICGLR, EAC, SADC and other relevant regional bodies should increase support of, and involve NGOs in their decision making processes. v) The governments and their citizens of the entire region should work hard and incessantly towards national and regional harmony and social justice, and act within the law at all times and at all levels of society. vi) Donors and the International Community should actively support the strengthening of the operating space of NGOs and provide them with a platform for voicing their concerns at national, cross-border and international level. vii) The World Bank. The African Bank and other international partners of the Governments of the Great Lakes region to publicly express concern over the restrictions of freedom of expression and urge the presidents of the respective countries to make public statements calling on all government officials, including district level officials and NRM members and other institution to refrain from harassing, threatening, or obstructing research and advocacy work by NGOs ( i ).
(i) As Civil Society, we ACKNOWLEDGE the common but differentiated responsibilities of the executive, the legislature, the civil society, the media and other interest groups in ensuring that the natural resources of our countries and in particular oil, gas, minerals and forest resources are exploited, processed and utilized for the benefit of our people and the development interests of our respective countries as well as guided by the principles of economic, social and environmental sustainability, in accordance with national laws and international conventions. (ii) COMMIT ourselves to take measures and actions required to build mutual confidence and trust between the government, the civil society, responsible business and citizens as major building blocks for effective natural resources governance in the region (iii) PLEDGE to cooperate with any initiative by our governments and environmental and human rights agencies that aim at addressing these human rights violations. We shall continue to be at the forefront of promoting good governance in the exploitation of natural resources and the protection of vital ecosystems by engaging national governments, businesses and regional bodies, and promoting the respect for the rights of the citizens especially the poor and vulnerable communities, protection of the environment, equitable sharing of benefits from natural resources extraction and use, social justice, peace and liberty as precursors for guaranteeing genuine Constitutionalism, rule of law and democracy in the region for the common good. We call upon all governments, institutions and persons of good will to support our efforts. The cases of threats and intimidation to NGOs under the Transboundary Governance Programme are herewith attached.
Signed by: No Name of NGO Country LOGO 1 ABN - Association Burundaise pour la protection de la Nature Burundi 2 ADEV - Actions pour les Droits, l'environnement et la Vie DRC - Bas Congo 3 AFIEGO - Africa Institute for Energy Governance Uganda 4 CREDDHO Centre de Recherche sur l Environnement, la Democratie et les Droits de l Homme 5 Réseau CREF - Réseau pour la Conservation et la Réhabilitation des Ecosystèmes Forestiers 6 GRA Global Rights Alert Uganda 7 IDPE - Innovation pour le Développement et la Protection Environnementale
8 SOPR - Solidarité pour la Promotion Rurale 9 COPEILE Comité des Pêcheurs Individuels du Lac Edouard 10 IUCN NL - IUCN National Committee of The Netherlands 11 The Rainforest Foundation UK The Netherlands United Kingdom 12 AJWS - American Jewish World Service New York, NY, USA 13 Well Grounded United Kingdom 14 Forest Peoples Program United Kigdom 15 COPORWA- La Communauté des Potiers du Rwanda Rwanda 16 ACIDH - Action Contre l'impunité pour les Droits Humains) DRC - Katanga 17 CRONGD - Point Focal RRN Mbujimayi/DRC DRC - Katanga #####
18 Jamaa Resource Initiatives Kenya 19 Lumière Synergie pour le Développement (mb OECDWatch) Sénégal 20 African Law Foundation (AFRILAW) Nigeria 21 JUSTICIA asbl DRC- Katanga 22 Foundation For Environmental Rights,Advocacy & Development (FENRAD) Nigeria 23 ACADHOSHA (Action des Chrétiens Activistes des Droits de l'home à Shabunda) Statut Consultatif Spécial (ECOSOC 2011) DRC South 23 Global Rights Washington, D.C. USA Other Organizations : Action Paysanne Contre la Faim pour la Promotion des Peuples Autochtone, i Based on the recommendations of the 2012 report of Human Rights Watch, Curtailing Criticism: Intimidation and Obstruction of Civil Society in Uganda