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Appellate Division of the East African Court of Justice (EACJ) rejects the request to dismiss the EACOP appeal case.

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By Witness Radio team.

The Appellate Division of the East African Court of Justice (EACJ) has rejected a request by the Tanzanian government to dismiss an appeal filed by four East African civil society organizations (CSOs) seeking compliance with the East African Crude Oil Pipeline (EACOP) with regional and international human rights standards.

Tanzania’s Deputy Solicitor General, Mr. Mark Mulwambo, requested the judges dismiss the Appeal, arguing that the record of proceedings from the hearings held at the First Instance Division was missing. The record of proceedings includes the CSOs and respondents’ submissions. He added that, without it, the judges at the Appellate Division could not determine whether the First Instance Court erred in the ruling that they made.

However, the court could not grant his request. Instead, it ordered the four CSOs that filed the Appeal to file supplementary information so that the judges could hear the case.

The Appeal will be heard by a panel of judges from the Appellate Division of the EACJ, including Justice Nestor Kayobera, the division’s president; Justice Anita Mugeni, the Vice President; Justice Kathurima M’Inot; Justice Cheboriona Barishaki; and Justice Omar Othman Makungu. These judges, with their expertise in regional and international law, will review the Appeal and make a final decision.

The Appeal was filed by four CSOs, including the Africa Institute for Energy Governance (AFIEGO) from Uganda, the Centre for Food and Adequate Living Rights (CEFROHT) from Uganda, the Natural Justice (NJ) from Kenya, and the Centre for Strategic Litigation (CSL) from Tanzania, in December 2023. This was in response to the dismissal of their case, which sought compliance with the East African Crude Oil Pipeline (EACOP) with regional and international human rights standards, by judges at the First Instance Division of the EACJ in November 2023.

During the dismissal, the court ruled that the applicants filed the petition out of time, stating that the petitioners should have filed the petition as early as 2017 instead of 2020. The court also ruled that it did not have jurisdiction to hear the case, meaning it did not have the legal authority to decide on this matter. These decisions were based on legal precedents and the specific circumstances of the case.

The CSOs were ordered to file the record of proceedings by Justice Nestor Kayobera by November 29, 2024.

The court session was attended by EACOP-affected communities from both Uganda and Tanzania. Among them was Mr. Gozanga Kyakulubya, an affected person from Kyotera District in Southern Uganda, who traveled to Arusha to participate in the hearing. His personal story underscores the profound impact of the EACOP on the lives of these communities.

He shared his grievance, stating, “I came to the court because I have a lot of pain. My land was taken for the EACOP, and before I was paid, it was fenced off. The government of Uganda also sued me because I rejected the low compensation offered by EACOP. We need at least one court to be fair to EACOP host communities, and we hope the East African Court of Justice will be that court.”

The EACOP has been designed, constructed, financed, and operated through a dedicated Pipeline Company with the same name. The shareholders in EACOP are affiliates of the three upstream joint venture partners: the Uganda National Oil Company (8%), TotalEnergies E&P Uganda (62%), and CNOOC Uganda Ltd (15%), together with the Tanzania Petroleum Development Corporation (15%).

The 1,443km pipeline will eventually transport Uganda’s crude oil from Kabaale—Hoima to the Chongoleani peninsula near Tanga Port in Tanzania.

Climate activists and civil society organizations, however, continue to oppose the project, claiming that it will harm several fragile and protected habitats irreversibly and violate key agreements and treaties.

The potential environmental damage is a cause for concern among these groups.

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Why are secure land rights key to Africa’s climate resilience and the protection of its natural treasures?

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By the Witness Radio Team.

Protecting forests, breathing new life into exhausted land, and confronting climate change hinge not only on policies but on whether those who live on the land truly hold secure rights to it.

The challenge is significant. Between 2015 and 2019, at least 100 million hectares of healthy, productive land were degraded worldwide each year, affecting about 1.3 billion people, according to the United Nations Convention to Combat Desertification (UNCCD). A 2026 global assessment by the Food and Agriculture Organization of the United Nations (FAO), the International Land Coalition (ILC), and the French agricultural research organization CIRAD found that only 35 percent of the world’s land has formally documented ownership, tenure, or use rights. These figures highlight the scale of land degradation and the gaps in recognizing and documenting people’s land rights.

Across Africa, communities depend on farmland, forests, and grazing lands not just for food, but to keep their traditions and livelihoods alive. When climate and environmental policies ignore their rights to these resources, their power to protect the land and shape its destiny fades.

This is why land rights advocates across Africa are calling for land governance to be more deeply woven into climate action and conservation, insisting that securing people’s land rights is the foundation for protecting the environment.

The issue was discussed during an online webinar organized by ILC Africa in partnership with the West African Economic and Monetary Union (UEMOA), the Economic Community of West African States (ECOWAS) and the German development agency GIZ. Practitioners and policy actors shared experiences from several African countries on integrating land governance into climate and environmental policies.

Ms. Johanna von Braun, People, Climate and Nature Lead at the International Land Coalition, explained that land rights are fundamental to achieving the objectives of the three major global environmental conventions addressing climate change, biodiversity loss and desertification.

She said secure land rights can support emissions reduction, help communities adapt to climate change and strengthen biodiversity conservation. In the Amazon, she noted, research shows that recognizing Indigenous peoples’ territories helps protect tropical forests and preserve carbon sinks.

“For mitigation, we know now that with land rights, we can ensure the protection of critical carbon sinks,” Ms. von Braun said.

Land rights are equally important for communities whose livelihoods depend on adapting to changing environmental conditions. Ms. von Braun explained that pastoralist communities with secure rights to move their livestock are better positioned to respond to climate change and manage grazing areas sustainably.

Evidence on rangeland loss reinforces this connection. Research has found that 92 percent of rangeland loss through land-use conversion between 2016 and 2024 occurred in areas where Indigenous peoples’ and local communities’ land rights were not secure, were unknown, or the land fell outside mapped community territories, facts which highlight the importance of recognizing community land rights in efforts to protect rangelands and strengthen climate resilience.

Ms. von Braun also pointed to Namibia, where communal conservancies cover about 20 percent of the country and support biodiversity conservation. She said community-based conservation initiatives can help countries advance global biodiversity commitments, including the 30×30 target to conserve at least 30 percent of the world’s land and sea by 2030.

Despite the clear connection between land rights and environmental protection, bringing land governance into national climate policies remains a persistent and difficult challenge.

Moise Mbimbe, a regional program analyst with ILC Africa, described efforts to address this gap in Burkina Faso, Liberia, Togo and Senegal.

With catalytic funding, the coalition ignited efforts to weave land governance into countries’ Nationally Determined Contributions (NDCs), which serve as blueprints for their climate commitments under the Paris Agreement. This meant reviewing policies, amplifying community voices, and bringing together a wide range of actors to shape recommendations that place land issues at the core of national climate plans.

Mr. Mbimbe said the process had helped participating countries consider land governance.

“Whether it’s in Togo, Burkina Faso or Liberia, we have made considerable progress when it comes to taking or considering land when it comes to NDCs,” he said.

In Burkina Faso, an assessment of the country’s previous climate commitments revealed that land governance had received limited attention.

Mr. Blaise Bama, coordinator of the Multi-Stakeholder Platform on Land (PMAF) in Burkina Faso, said the assessment reviewed policy documents and gathered perspectives from institutional, community, and regional stakeholders.

The findings pointed to significant gaps in how the country’s previous NDC addressed land issues.

“This assessment identified a very weak level where land was not considered in the previous NDC,” Mr. Bama said. assessment recommended recognizing the central role of land rights in climate action and securing community land rights. Mr. Bama added that local consultations allowed community-level actors to share their views and contribute to the policy process.

“It was a moment of close analysis, and these local consultations allow us to consider the opinions of local actors, especially at the community level,” he said.

In Senegal, practitioners are forging new links between land governance, environmental restoration, and active local community participation.

Ms. Nicole Chaby Hary, facilitator of the National Land Governance Platform (PNGF), said consultations revealed that land security and environmental restoration are top priorities. Yet, motivating communities to invest in restoration has proven difficult, highlighting the need for practical tools, clear responsibilities, and authentic participation.

She emphasized that women, youth, local leaders, government bodies, and all stakeholders must have a seat at the table when managing and restoring land.

“We have to put in place tools, like pastoral units, to help with consultations and community responsibilities, especially for women and youth,” Ms. Hary said.

In Madagascar, efforts are underway to ensure that community rights are reflected in biodiversity policies and implementation.

Ms. Stefana Raharijaona, a senior program officer at Natural Justice Madagascar, said the organization has worked to incorporate local communities’ concerns into national biodiversity priorities and translate them into monitorable actions.

This work has meant championing the recognition of community rights and land tenure, supporting community-led management, and striving to formalize and protect these hard-earned rights.

Ms. Raharijaona also described efforts to support implementation of Madagascar’s National Biodiversity Strategy and Action Plan, including work related to Target 22 and the establishment of a national biodiversity platform to improve coordination among the different actors involved.

Across these countries, practitioners confront a common challenge: climate and biodiversity goals will stay out of reach unless the rights of those who depend on and nurture the land are genuinely recognized.

As African nations strengthen their environmental policies, securing community land rights and ensuring meaningful participation in decision-making will be essential to protect ecosystems, heal damaged land, and build resilience to climate change.

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Biodiversity Goals: The world has no time to meet its 2030 goals.

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By the Witness Radio Team

With fewer than four years left to meet global biodiversity targets, a new United Nations assessment urges country to accelerate efforts to protect and restore nature, warning that current efforts fall short of promises.

The State of Biodiversity Action report, released just before the 17th Conference of the Parties to the Convention on Biological Diversity (COP17) in Armenia, reveals that while almost 90 percent of countries have set national biodiversity targets, less than half are making progress toward achieving them.

COP17 starts today in Yerevan, Armenia, and runs until October 30, 2026.

As the conference opens, the findings cast doubt on whether countries can fulfill the Kunming-Montreal Global Biodiversity Framework, adopted in 2022 to stop and reverse biodiversity loss by 2030.

The Framework addresses the principal drivers of biodiversity loss, including land- and sea-use change, unsustainable exploitation of species, climate change, pollution and invasive alien species, as well as economic and financial activities contributing to biodiversity loss.

A key ambition of the framework is to safeguard at least 30 percent of the world’s land and sea by 2030. The assessment reveals that current pledges fall short. Even if all commitments are met, just 26 percent of land and 12 percent of marine ecosystems would be protected by the deadline.

The gap between promises and progress was highlighted by Astrid Schomaker, Executive Secretary of the Convention on Biological Diversity, who called on governments to use the global review to identify shortcomings and accelerate implementation.

“We know where we stand. We know where the gaps are. Now we must work together to close them,” Ms. Schomaker said.

Her words highlight the conference’s core challenge. Countries know what must be done, but meaningful action is still lagging.

The assessment points to gaps in funding, coordination among government bodies, and the data needed to measure progress. It also shows that targets requiring action beyond environment ministries, such as business practices, sustainable consumption, harmful incentives, and finance, are falling furthest behind.

To meet the 2030 targets, governments must integrate biodiversity concerns into broader economic and development choices.

At the opening of COP17 on 19 October, the outgoing Colombian presidency also stressed the need to turn international agreements into practical results.

David Olarte Amaya, who represented Colombia’s COP16 presidency, described the gathering in Yerevan as a decisive moment for the planet, noting that the international community had an urgent responsibility to turn the framework’s commitments into “concrete, measurable, and lasting results.”

He also stressed that biodiversity is deeply connected to daily life, underpinning water and food security, resilient communities, thriving economies, and the well-being of society.

“Biodiversity is not merely an environmental concern but also the foundation of our water and food security, the resilience of our territories, the productivity of our economies, and the well-being of our societies,” he stressed.

He noted that the true measure of the conference’s success will not be the number of decisions made, but whether they spark real change in countries and communities.

“Today, as we hand over the COP16 presidency, Colombia reaffirms its commitment to solution-oriented multilateralism, grounded in dialogue, mutual respect among parties, and shared responsibilities. We express our confidence in Armenia’s leadership and our readiness to contribute constructively to the work of this conference,” he added.

Armenia’s Minister of Environment and incoming COP17 president, Mr. Hambardzum Matevosyan, recognized that countries must now focus on what works, where progress is lacking, and what must change to accelerate results.

“COP 15 gave us the framework. COP 16 advanced important mechanisms for its implementation. COP 17 must now help us determine where we stand, what is working, where progress is falling short, and what must change to accelerate implementation,” Mr. Matevosyan said.

He praised Colombia’s COP16 presidency and described the handover as a seamless continuation of the global push for biodiversity.

Mr. Matevosyan also highlighted the Leaders for Nature Summit in Yerevan, which concluded with the Yerevan Declaration—a call to action for nature and a reminder to turn promises into tangible outcomes.

Staying true to the promise of an inclusive COP, Matevosyan pledged that Armenia’s presidency would listen to Indigenous Peoples, local communities, women, youth, civil society, academia, local leaders, businesses, and the finance sector, recognizing that governments cannot tackle biodiversity loss on their own.

“The challenges we face are too big to be addressed by governments alone. The story, the parallel forums, thematic days, and numerous side events will inform and support negotiation outcomes,” he concluded.

As the 2030 deadline looms, the real test is whether countries can move from promises to action and deliver the transformation needed to stop and reverse biodiversity loss. The Yerevan review gives governments a chance to face the gaps, build stronger partnerships, and turn words into measurable progress for nature and all who rely on it.

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Lands Ministry tightens rules for replacing lost titles, gives landowners 30 days to object

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KAMPALA — The Ministry of Lands, Housing and Urban Development has introduced stricter procedures for replacing lost, destroyed or damaged land titles, requiring public notices, physical inspections and stronger verification to curb fraud and protect legitimate landowners.

Under new guidelines presented by Lands Minister Judith Nabakooba on Tuesday, applications for Special Certificates of Title will be subjected to a mandatory notice period of at least 30 days, during which people claiming an interest in the land can raise objections before a replacement title is issued.

The measures seek to close loopholes that have enabled fraudulent land transactions, impersonation, double sales and disputes over ownership by strengthening checks before the government issues replacement documents.

The guidelines require the ministry to publish notices in the Uganda Gazette for at least 30 days, display them on the relevant land and at sub-county and Local Council I notice boards, and publish monthly lists of applications in a newspaper of wide circulation.

The ministry will also publish details of the affected land parcels and applicants on its website for the same period, allowing potential claimants and other interested parties to scrutinise applications.

Any person alleging fraud, competing ownership claims, double sale, impersonation, unlawful retention or another material irregularity will be allowed to lodge a formal objection with the Registrar of Titles within the applicable notice period.

Where an objection is received, the registrar must summon the parties for a hearing and make a ruling, giving those who may be affected an opportunity to be heard before a decision is made.

The guidelines are anchored in the Registration of Titles Act and other applicable laws, including the Constitution and the Land Act. They provide for the issuance of Special Certificates where duplicate certificates have been lost, destroyed or become so damaged that they are unusable, as well as cases where a court orders their issuance.

Beyond paperwork and public notices, the ministry will require physical inspections and, where necessary, boundary-opening exercises to establish the status of land before approving applications.

The exercises must be conducted by a government surveyor together with a registrar of titles or land officer, in the presence of the Local Council I committee, which must have a quorum of five members.

Inspection reports will document the proceedings, people present, developments on the land, occupancy and current use. The requirement is intended to provide additional evidence about the property and help identify competing claims that may not be apparent from the documents submitted.

Applicants seeking replacement titles for lost documents must submit a statutory declaration, proof of payment of the required fees, a national identity document, passport-size photographs, a police form reporting the loss, an LC I committee report and an inspection or boundary-opening report.

They must also provide evidence of publication through a Gazette notice and newspaper advertisement, alongside a local notice.

For titles that have been obliterated, applicants must surrender the damaged duplicate certificate and provide supporting documents, including a statutory declaration, identification and inspection reports.

The guidelines also introduce specific requirements for administrators and executors seeking Special Certificates of Title on behalf of deceased persons’ estates.

In addition to the general application documents, they must provide an inventory, letters of probate or administration, and a copy of the petition for probate or letters of administration.

The additional requirements are intended to establish that applicants have the legal authority to act for the deceased person’s estate before a replacement title is issued.

For court-directed applications, the person seeking implementation of the order must submit a formal letter and a certified copy of the court order. The Registrar of Titles must independently verify the order with the court that issued it before proceeding.

Under the new framework, a replacement title cannot be approved merely because an applicant reports that the original document is missing.

The registrar must establish that the original certificate was genuine, the applicant has been properly identified and is legally authorised to apply, and the loss, destruction or damage has been sufficiently demonstrated.

The registrar must also confirm that the transaction is genuine, relevant dealings and encumbrances have been identified, recognised pending transactions have been completed, and no unresolved legal matter prevents issuance.

The proposed Special Certificate must accurately reflect the particulars contained in the Register Book, which serves as the official record of registered land interests.

Every decision to approve, defer, reject or suspend an application must be documented with reasons. The ministry will also require material steps in the process to be recorded and stored in both physical and electronic formats to improve accountability and traceability.

Once issued, the Special Certificate must contain the relevant register particulars, endorsements and the reason for its issuance. The Register Book must also be updated with the issuance date, application number, reference to the previous certificate and relevant Gazette notice or court order, where applicable.

The guidelines are intended to strengthen the integrity of Uganda’s land registration system while providing an avenue for people with legitimate interests to challenge questionable applications before replacement titles are issued.

They also reinforce the principle that land registration procedures must be conducted in accordance with the law and with due regard to the rights of lawful and bona fide occupants protected under Article 237 of the Constitution.

Source: pmldaily.com

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