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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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Know Your Land rights and environmental protection laws: a case of a refreshed radio program transferring legal knowledge to local and indigenous communities to protect their land and the environment at Witness Radio.

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By Witness Radio team.

Introducing a vital radio program that urgently addresses the crucial role of the media in the face of climate change. Titled “Stamping the Law on Rights and Environment Protection,” this program is now part of the most engaging program line-up on Witness Radio, ready to make a difference.

The research–based program, which will be presented in a talk show format, focuses on a single case as they occur in communities. It will host legal experts and scholars to offer legal advice and counseling, and guide communities on steps to take to push back on land and environmental injustices they are facing.

By breaking down complex environmental and land legal frameworks into discussions and practical examples, “Stamping the Law on Land Rights and Environment Protection” empowers communities to understand their rights, demand accountability, and engage constructively with duty bearers. It’s not just a radio program—it’s a platform for justice, empowerment, and sustainable coexistence between people and the environment, inspiring change.

This radio program will feature voices from different local and indigenous communities, not to spice up the program, but to share their ordeals, including how they settled on the land, and how they have sought redress. Community stories are at the heart of our program.

The radio team envisions using the radio airwaves to simplify access to legal information, educate the masses on land and environmental laws, and empower local communities to use the legal information to demand justice from courts and quash judicial institutions. The radio program applies to all local and indigenous communities in Africa to stay awake in the current wave of land-based investments targeting communities’ land and end the degradation of the environment, and to prevent future land forced evictions and maintain peaceful coexistence in both local and indigenous communities.

Witness Radio’s program “Stamping the Law on Environment Protection” is a powerful platform dedicated to educating and empowering Ugandans about the laws governing land management and environmental protection. Through this program, legal and academic experts shall sensitize listeners to key legal frameworks, their constitutional rights, and the proper procedures for acquiring, using, and protecting land and the environment.

In recent years, especially between 1990 and 2023, Uganda has experienced prevalent forced land eviction due to different types of investments, and faced severe effects of climate change, leaving thousands of communities landless, food insecure, and malnourished.

Our first broadcast this Tuesday focuses on a review of the Kawaala zone II case, one of the most significant land eviction cases in recent years. In this case, eviction affected urban poor communities in the name of an infrastructural project, and the project implementer never wanted to compensate or resettle communities whose land was to host the project. We will delve into the details of this case and discuss the implications for similar communities.

Mark your calendars! “Stamping the Law on Environment Protection,” a program will be broadcasting every Tuesday, Thursday, and Saturday from 10 am to 11 am East African Standard Time (EAT).

Join us on this insightful journey. Download the Witness Radio app from the Google Play Store or tune in live on our website at www.witnessradio.org. Your thoughts and experiences related to land and environmental issues are invaluable. Let’s engage in meaningful discussions and enjoy more informative content together, because your voice matters.

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Gov’t Seeks Land to Establish Palm Oil Mill and Nursery in Busoga

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Mayuge — The Government of Uganda is seeking land in Mayuge District to establish a palm oil processing mill and a nursery, as part of its plan to expand the National Oil Palm Project (NOPP) to the Busoga sub-region.

The call was made by the State Minister for Agriculture, Hon. Fred Bwino Kyakulaga, during the official launch of the oil palm planting exercise in Mayuge District this month. The Mayuge hub — which also covers Bugiri and Namayingo districts — marks the first phase of oil palm cultivation in Busoga, following years of preparation and feasibility studies.

 

Hon. Kyakulaga revealed that the government requires about 500 hectares of land to construct the mill and nursery, which will serve farmers across the hub.

NARO’s oil palm nursery in Mayuge

“Government currently does not own land in this area, so we are calling upon willing landowners to sell land for this purpose,” the Minister said. “The mill will allow farmers to process their harvest locally, creating jobs and ensuring long-term income for households.”

The Minister emphasised that Busoga’s proximity to Jinja offers a logistical advantage, as crude oil extracted from the mill can easily be transported to Jinja for refining.

The Mayuge oil palm initiative is part of a broader strategy to increase domestic vegetable oil production, reduce poverty, and improve household incomes through commercial agriculture. Uganda currently spends over USD 300 million annually on imported palm oil, a cost the government aims to cut significantly once local production scales up.

Oil palm seedlings

Low-Interest Financing

Equity Bank Uganda, which serves as the fund manager for the National Oil Palm Project, is partnering with the Ministry of Agriculture to manage and disburse funds to participating farmers.

Ms Catherine Psomgen, Director for Public Sector and Social Investments at Equity Bank Uganda, said the bank has already supported 896 farmers in Mayuge, Bugiri, and Namayingo with over UGX 1.2 billion in financing.

“We provide financial literacy training, agribusiness support, and ensure that funds are used transparently and efficiently. Through our Africa Resilience and Recovery Plan, we’ve dedicated 30% of our loan portfolio to agriculture.”

Ms Catherine Psomgen, Director for Public Sector and Social Investments at Equity Bank Uganda

Under the scheme, smallholder farmers with 2.5 to 5 acres of land can access up to UGX 25 million at a 10% interest rate — significantly lower than market rates — with a four-year grace period and six years for repayment. The funds are released directly to suppliers for land preparation, seedlings, fertilisers, and maintenance, ensuring accountability.

Local Production and Expansion Plans

A nursery with 50,000 seedlings has already been established in Mayuge and is ready for distribution to farmers. The seedlings, previously imported from Indonesia and Malaysia, are now being produced locally through the National Agricultural Research Organisation (NARO) to reduce costs and delays.

The government is also preparing Phase Two of the project, which will expand into Bugweri, Iganga, Luuka, and Jinja districts in the next financial year.

Hon. Kyakulaga reiterated that sugarcane farming will not be replaced but complemented by oil palm, given that only 10% of Busoga’s land area is needed to meet Uganda’s annual demand for refined palm oil.

While enthusiasm for the project is high, land acquisition remains a major challenge. The Mayuge District Oil Palm Growers Cooperative Society reported that over 54,000 planting holes have already been dug, yet many farmers are still awaiting seedlings.

“We have the farmers, we have the funding, and we have the will,” Hon. Kyakulaga said. “What we now need is land for the mill and nursery so that Busoga’s oil palm dream becomes a full reality.”

The National Oil Palm Project is funded by the International Fund for Agricultural Development (IFAD) with USD 76 million, complemented by private sector investment to a total of USD 210 million (UGX 300 billion). The program aims to empower smallholder farmers, create rural jobs, and strengthen Uganda’s agro-industrial base under the government’s Agro-Industrialisation Agenda.

Source: softpower.ug/

 

 

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New! The Eyes on a Just Energy Transition in Africa Program is now live on Witness Radio.

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By Witness Radio team

Introducing a unique radio program that delves into the urgent and crucial role of the media in the face of climate change. Titled ‘Eyes on a Just Energy Transition’, this program is now part of the engaging lineup on Witness Radio.

This investigative radio broadcast is not just about informing, but also about empowering. It aims to foster public dialogues that shape perceptions and influence policy and collective action on climate change. It particularly focuses on the rights and freedoms of marginalized and poor communities, highlighting their crucial role in Africa’s just energy transition.

Mark your calendars! The ‘Eyes on a Just Energy Transition’ program will be broadcasting every Monday, Wednesday, and Friday from 10 am to 11 am East African Standard Time (EAT).

Our first broadcast this Friday focuses on Uganda’s journey in the renewable energy transition plan, exploring the Legal, political, institutional, and regulatory frameworks that underpin the country’s renewable energy struggles.

Uganda lost nearly half of its forest cover in the recent past, especially between 1990 and 2023. It was mainly due to the widespread reliance on firewood and charcoal for daily cooking and heating needs, as well as the expansion of agriculture to meet the demands of a rapidly growing population. Also, Commercial logging and large development projects accelerated the loss of forested areas.

Uganda, like many other countries, is making a positive shift from dirty, fossil-based fuels to cleaner, sustainable energy sources. This transition is not just a change, but a beacon of hope for our planet’s future.

In the broadcast, experts in the renewable energy sector share their experiences and explain the journey of Uganda’s Energy Transition Plan (ETP); inform Ugandans to understand its importance and the aim; they will break down the ETP and Renewable Energy Policy 2023 for people to understand it; and explain how it affects everyday life.

Join us on this insightful journey. Download the Witness Radio app from the Google Play Store or tune in live on our website at www.witnessradio.org. Let’s engage in meaningful discussions and enjoy more informative content together.

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