Case History: Justus Orishaba Bagamuhunda
On 10 September 2015, the Resident District Commissioner of Kabale threatened human rights defender Mr Justus Orishaba Bagamuhunda that Freedom Radio 94.7 FM will be forcibly closed down should he choose not to comply with an order to shut down the “Ganteere” programme and to dismiss its presenter.
Justus Orishaba Bagamuhunda is the executive director of the National Foundation for Democracy and Human Rights in Uganda (NAFODU), a human rights organisation based in Kabale, Western Uganda, best known for its programmes aimed at promoting democracy, human rights and good governance. He is also the managing director of Freedom Radio 94.7 FM, a community-based radio station operated by NAFODU with a view to promoting peace, good governance and sharing information on development problems in Uganda.
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- 25 November 2015 : Court case against human rights defender Justus Orishaba Bagamuhunda dismissed
- 16 September 2015 : Harassment and threats against Freedom Radio and its managing director Justus Orishaba Bagamuhunda
- 28 July 2015 : Police harassment against human rights defender Justus Orishaba Bagamuhunda
On 24 November 2015, the case against human rights defender Mr Justus Orishaba Bagamuhunda was dismissed by the Magistrate Court in Kabale.
The human rights defender had been accused of disobeying lawful orders in relation to an alleged violation of the Labour Act.
On 24 November 2015 the Magistrate Court in Kabale dismissed the cased against the human rights defender on the basis that it had no jurisdiction as labour-related matters under the Labour Act should be handled by the Industrial Court.
In July 2015 Justus Orishaba Bagamuhunda appeared before the Kabale police station five times, after receiving a police summons on 9 July 2015 in connection to unsubstantiated allegation of withholding of an employee's salary. The human rights defender was charged on 4 August 2015 for disobeying lawful orders and released on bail in the same day.
Shortly before the summons and the ensuing court proceedings, a senior district official contacted Justus Orishaba Bagamuhunda to urge him to cancel the “Uganda Today” show, suggesting that it supported Uganda's political opposition. Front Line Defenders welcomes the decision of the court to dismiss the case against Justus Orishaba Bagamuhunda, which it believes was directly linked to his human rights work.
On 10 September 2015, the Resident District Commissioner of Kabale threatened human rights defender Mr Justus Orishaba Bagamuhunda that Freedom Radio 94.7 FM will be forcibly closed down should he choose not to comply with an order to shut down the “Ganteere” programme and to dismiss its presenter.
On 10 September 2015, Justus Orishaba Bagamuhunda received a phone call from the Resident District Commissioner, Darius Nandida, who requested that he present himself at his office that same day, without giving further details on the reasons behind this request. The human rights defender complied with this request. On his arrival at the Resident District Commissioner’s office, Justus Orishaba Bagamuhunda was informed that he should stop airing a radio programme entitled “Ganteere” on Freedom Radio 94.7 FM, due to what he stated are its “anti-government” views. This programme is aired daily from 4 to 6am and includes discussions on political and governance issues.
Justus Orishaba Bagamuhunda was also ordered to dismiss the presenter of the program with immediate effect. The District Commissioner threatened to close the radio station if these orders were not followed. The human rights defender has not complied with the orders, maintaining that without direct orders from the Ugandan Communications commission, he is not obliged to do so.
This is not the first time Justus Orishaba Bagamuhunda has been targeted for his advocacy work on Freedom Radio 94.7 FM. Earlier this year, government officials urged him to cancel the “Uganda Today” programme and on 17 July a listener to the same show called in to inform that local authorities were instructing listeners not to participate in the talk show.
The human rights defender has also been a victim of police harassment, as part of what is believed to be an attempt to silence him and stop his work with Freedom Radio 94.7. This includes unsubstantiated charges against him in relation to the withholding of an employee's salary. The hearing concerning this alleged violation of the Uganda Labour Code is scheduled for 23 September 2015 before the Magistrate Court. Mr Bagamuhunda's lawyers challenged the Magistrate Court's jurisdiction, since, according to the 2006 Employment Act, any labour relations cases should be handled by the Industrial Court. On 23 September 2015, the Court will rule on its jurisdiction and the admissibility of the case.
On 27 July 2015, human rights defender Mr Justus Orishaba Bagamuhunda appeared at Kabale police station for the 5th time since receiving a police summons on 9 July 2015 in connection with an alleged violation of the Uganda Labour Act. He had previously been requested to present himself at the police station on 10, 13, 16 and 20 July 2015 and he is expected to appear at the police station again on 3 August 2015.
On 9 July 2015, the police in Kabale issued a summons against Bagamuhunda based on an alleged accusation that he had withheld payment of an employee's salary. The summons instructed the human rights defender to appear before a criminal investigation officer the following day. On 10 July 2015, Bagamuhunda reported to the police station where he was shown a letter from the State Attorney instructing the police to arrest him for allegedly disobeying the labour officer, an official at district level.
After being held by the police for approximately four hours, the human rights defender was later released on police bond with the condition that he present himself at the police station when requested. He was requested to return to the same police station on 13 July, 16 July, 20 July, 27 July 2015 and on 3 August 2015. However, he has not been officially charged. The allegations against him are of a civil nature – and thus they should not fall within the scope of a criminal investigation.
Earlier this year, Bagamuhunda was targeted for his advocacy work on Freedom Radio 94.7 FM when a senior district official contacted the human rights defender to urge him to cancel the “Uganda Today” show, suggesting that it supported Uganda's political opposition. On 17 July, a listener to the same show called in to say that local authorities were instructing listeners not to participate in the talk show
