Connect with us

MEDIA FOR CHANGE NETWORK

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

Published

on

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.

Continue Reading

MEDIA FOR CHANGE NETWORK

News: Kapapi Land dispute: Security investigate gunfire exch

Published

on

HOIMA — Security in Hoima district is investigating circumstances under which police personnel and Uganda People’s Defence Forces (UPDF) officers deployed at the disputed Kapapi land in Kapapi sub-county, Hoima district, exchanged gunfire and left two vehicles damaged.

The incident occurred last Sunday at night as UPDF officers deployed on the disputed land attempted to arrest Capt. Rogers Karamagi, the manager of Brig. Gen. Peter Akankunda Nabasa on the land.

Brig. Gen. Nabasa got involved in the Kapapi land dispute after Moses Byangire, the administrator of the late Tito Byangire’s estate leased 700 acres of land to the general for 10 years in Kigorobya, Hoima District.

The deployment of UPDF soldiers on the land was after the 2,000 residents who were evicted from the land measuring about three square miles petitioned the former lands state minister, Dr Sam Mayanja (now Attorney General), seeking his intervention.

When Mayanja visited the land in October last year, he ordered the Commander of the Field Artillery Division based in Masindi, Maj. Gen. Daniel Kakono, to deploy security on the disputed land to protect the evictees and to disarm private security personnel who had deployed there.

Since then, UPDF soldiers have been deployed on the land and have not been allowing any agent to step on the land covering over four villages, including Waki South, Waki North, Runga, Kapapi Central and Kiryateete, all within Kapapi sub-county.

How it startedAccording to Brig. Gen. Nabasa, on the fateful day, Karamagi was coming from Kapapi sub-county driving a Toyota Mark X registration number UBR 117L when soldiers started trailing him.

Nabasa explained that when Karamagi realised that some people were following him, he drove off the main road and hid the car at the home of a one Nyakahara Mudede in Kapapi 1 village.

While in his hideout, Karamagi reportedly called police officers from Kigorobya police station to intervene and rescue him from the group, which wanted to arrest him.

However, shortly after police arrived at the scene in a Toyota Corolla XS, UAK 227D, one of the UPDF officers also showed up and attempted to grab Karamagi.

The Toyota Corolla (UAK 227D) used by police officers from Kigorobya sub-county to rescue Karamagi was also damaged during the scuffle. (Photo by Peter Abaanabasazi)

The Toyota Corolla (UAK 227D) used by police officers from Kigorobya sub-county to rescue Karamagi was also damaged during the scuffle. (Photo by Peter Abaanabasazi)

According to eyewitness, a scuffle ensued during which police and the UPDF officers exchanged gunfire. In the process, Karamagi’s car and another used by police officers had their tyres flattened.

“Karamagi was my manager before they had blocked us from this land. All along, they have been tracking him; I do not know what they need from him,” Nabasa said.

Mudede said that several bullets that were fired left the residents in the area in panic.

Authorities speak out

When contacted for a comment, Christopher Ayine, the Hoima deputy resident district commissioner, confirmed the incident.

Ayine said they have instructed the Hoima district police commander and the Albertine regional police commander to investigate the matter. “Whoever will be found in the wrong will be arrested.”

The Albertine Regional Police Spokesperson, Julius Allan Hakiza, declined to comment on the matter and referred New Vision to the UPDF.

Maj. Flavia Terimulungi, the UPDF 1st division public information officer, said that the army was following up on the issue.

Source: newvision.co.ug/

Continue Reading

MEDIA FOR CHANGE NETWORK

Uganda is grappling with mounting land struggles as the needs of refugees collide with the rights and hopes of the communities that host them.

Published

on

By the Witness Radio team.

For more than ten years, hundreds of families in Kikuube District have fought to piece their lives back together after losing their land to the ever-expanding Kyangwali Refugee Settlement.

One such person is Mr. Ahumuza Busingye, a community leader who recalls how, in 2013, many families were uprooted when the government seized their land to make room for more refugees.

“We have been suffering since 2013 when we were evicted from our land to expand Kyangwali camp. “The problem is we are often displaced from fertile land which is given to refugees. That hurts us. Our families have grown, but we have no place to settle them. We now live in an informal settlement with no land to farm and sustain ourselves,” said Mr. Busingye.

Mr. Busingye’s experience mirrors a rising dilemma in Uganda, a nation celebrated worldwide for its welcoming approach to refugees. Unlike countries that restrict refugees to camps, Uganda offers land for settlement, freedom to move, opportunities to work and start businesses, and access to schools, healthcare, and public services. These progressive policies have transformed Uganda into Africa’s largest haven for refugees and one of the most significant hosts on the planet.

Yet, even as Uganda’s refugee policy draws global praise, tough questions linger about how the country can keep protecting refugees without sacrificing the land rights, livelihoods, and futures of its own people.

This challenge formed the central theme of an X Spaces discussion organized by UCOBAC (Uganda Community Based Association for Women and Children Welfare) in partnership with AWO International and co-hosted by NBS TV under the theme, “Understanding Land Governance: Issues Affecting Refugee and Host Communities in Uganda.”

The event brought together voices from government, academia, humanitarian groups, and the legal sector to tackle rising land governance issues in refugee-hosting districts and to seek ways for refugees and host communities to live together in harmony.

Uganda now shelters almost 1.9 million refugees and asylum seekers, most of them women and children escaping violence in South Sudan, the Democratic Republic of Congo, and nearby nations. As new arrivals pour in and families grow, the hunger for land intensifies, sparking fresh challenges for both refugees and the communities that welcome them.

Dr. Brian Makabayi, a lecturer in the Department of Geomatics and Land Management at Makerere University, argued that refugee settlements should no longer be viewed as temporary humanitarian interventions.

“The issue is not only humanitarian assistance where we are trying to solve the problem temporarily. These communities have stayed for long periods, and if these issues are not properly managed, they can become violent,” he said.

Citing research from districts like Adjumani, Makabayi pointed out that refugees now make up nearly half the population in some places. As families expand but land stays the same, the struggle for space grows ever more intense.

“Many refugees lease farmland from host communities to supplement the small plots allocated to them. However, conflicts often emerge when landowners decide to reclaim their land for personal use, sale, or lease to other people before previous agreements expire.” He further added.

Ms. Claire Birungi Agaba, the Information, Counseling and Legal Assistance Specialist at the Norwegian Refugee Council, said many of the land disputes her organization handles arise from informal and undocumented land agreements.

She explained that land transactions between refugees and host communities are frequently based on verbal agreements without written records specifying land size, duration of use, payment arrangements or responsibilities of each party. As a result, disputes over boundaries, crop destruction, unexpected evictions and changing rental terms have become increasingly common.

“Many host families themselves occupy customary land that has never been formally documented, making it difficult to prove ownership whenever disagreements arise.”  She said.

Responding to concerns about land acquisition, Agnes Baseera, Protection Officer (Legal) in the Office of the Prime Minister’s Department of Refugees, said the government does not allocate land for refugee settlements arbitrarily.

According to Baseera, establishing refugee settlements involves close collaboration between the Office of the Prime Minister, district local governments, line ministries, development partners and host communities.

She explained that before any land is designated, the government verifies ownership, assesses the suitability of the land and considers factors such as security, access to water, food availability and the capacity of social services.

“The host communities are always part of this process,” Baseera said, adding that consultation remains central to the government’s refugee settlement policy.

Eunice Nabakwa, Principal Land Officer at the Ministry of Lands, Housing and Urban Development, argued that securing customary land rights is essential to reducing future conflicts.

She noted that more than 75 percent of Uganda’s land is held under customary tenure, much of it without formal documentation. Since many refugee settlements are located on customary land, uncertainty over ownership and boundaries often fuels disputes.

To address this, the Ministry is implementing systematic land adjudication, demarcation, mapping and certification programs, including the issuance of Certificates of Customary

Ownership (CCOs).

These initiatives are intended to formally recognize customary land rights, strengthen tenure security, clarify boundaries and improve local land administration.

Continue Reading

MEDIA FOR CHANGE NETWORK

As TotalEnergies’ profits soar, calls are growing for the company to answer for the human rights abuses and environmental damage linked to EACOP.

Published

on

By the Witness Radio team.

While French oil giant TotalEnergies boasts multi-billion-dollar profits, campaigners against the East African Crude Oil Pipeline (EACOP) are intensifying demands for the company to face up to the social, environmental, and human rights consequences of its oil ventures in Uganda and Tanzania.

These renewed demands come on the heels of TotalEnergies announcing a staggering US$5.4 billion net profit for the first quarter of 2026, a 29 percent jump from the previous year. While shareholders revel in record-breaking earnings, campaigners point out that communities along the EACOP route are left to shoulder the burdens of displacement, lost livelihoods, and environmental harm.

TotalEnergies is the largest shareholder and lead developer of the East African Crude Oil Pipeline (EACOP), holding a 62 percent stake in the pipeline company. Other shareholders include the Uganda National Oil company (15%), the Tanzania Petroleum Development Corporation (15%), and China National Offshore Oil Corporation (8%). As the majority shareholder, TotalEnergies oversees key decisions concerning the construction, financing, and management of the 1,443-kilometer heated crude oil pipeline that will transport oil from Uganda’s Albertine region to Tanzania’s Port Tanga.

Civil society groups across East Africa warn that TotalEnergies’ financial windfall has come at a steep price for the communities living in the shadow of the pipeline.

Environmental campaigners, including Sherelee Odayar of Greenpeace Africa, Zaki Mamdoo of Stop EACOP, Ziadah Kasimu of Green Conservers, Rukiya Khamis of 350Africa.org, and Balach Bakundane, an EACOP host community representative from Uganda, argue that local people continue to shoulder the social and economic burdens of fossil fuel extraction while corporations reap enormous profits.

Speaking during a discussion on fossil fuel accountability, Rukiya Khamis from 350 Africa- Kenya criticized governments for granting tax incentives to multinational oil companies. At the same time, ordinary citizens struggle with rising living costs.

“We were experiencing massive hikes in utility bills and retail prices. If you are in Kenya, you realize the price of milk was high, the price of bread was high, and the price of basic commodities became increasingly unaffordable. Yet, fossil fuel companies continued receiving subsidies and were free to raise prices.” Rukiya added.

She cautioned that pouring more investment into fossil fuels would only worsen the climate crisis, leaving vulnerable communities even more exposed to devastating climate disasters.

For those living along the EACOP pipeline, the promised benefits remain little more than empty words.

Balach Bakundane, who works with the EACOP Host communities in Uganda, said residents were promised employment opportunities, improved infrastructure, better healthcare services, and enhanced livelihoods. Instead, he says, many families have experienced land loss, declining incomes, and restrictions on fishing activities around affected water bodies.

“It is unbearable and very painful to see TotalEnergies announcing huge profits while our communities continue to lose their dignity, cultural values, and livelihoods. These profits are being made at our expense.” Balach revealed.

Bakundane also noted that fishing communities have been hit hard, losing access to vital parts of the lake due to oil operations.

“It is a very clear indicator that this is a neocolonial project that has no regard for our human rights, cultural values and our livelihood.” He further added.

Greenpeace Africa activist Sherelee Odayar called on African governments to rethink the generous tax breaks and investment perks handed to multinational fossil fuel giants.

She argued that governments should instead enforce the “polluter pays” principle, making companies behind greenhouse gas emissions pay their fair share for climate adaptation, disaster recovery, and compensation to affected communities.

“These companies should not be allowed to privatize the gains while socializing the costs. The extraordinary profits generated from fossil fuels should help finance climate adaptation, loss and damage, and support communities already suffering the impacts of climate change.” Odayar said, adding that accountability should accompany profits.

In Tanzania, activist Ziadah Kasimu of Green Conservers raised alarms about the lack of genuine community consultation and the displacement of thousands of residents uprooted by the pipeline.

She described how women, fishing communities in Tanga, pastoralists in Singida, and farming families have all seen their livelihoods upended by land grabs and new barriers to natural resources.

Kasimu insisted that affected communities deserve clear information, a real voice in decisions, and fair accountability for how the project’s benefits are shared.

“The profits belong only to them, but TotalEnergies and EACOP ignore the benefits for communities. We need transparent and timely information, and monitoring systems that communities themselves can access because this is our land.” She further said.

She emphasized that while communities value development, investments must respect human rights and follow just procedures. These calls for accountability grow louder as legal challenges against EACOP mount.

Earlier this year, four Ugandan farmers filed a case before the UK High Court seeking to have Ugandan constitutional, environmental, and climate laws applied to EACOP Ltd, the UK-registered company responsible for financing the pipeline.

According to Human Rights Watch, more than 100,000 people in Uganda and Tanzania are expected to lose land or access to land because of the pipeline and associated oil infrastructure.

Similarly, advocacy reports by Global Aktion have documented allegations of forced displacement, restrictions on civic space, and adverse impacts on communities affected by the project.

In 2025, BankTrack also urged financial institutions supporting EACOP to reconsider their involvement, citing concerns over environmental destruction and impacts on local livelihoods.

Campaigners point out that TotalEnergies keeps posting robust profits, even as criticism against the company intensifies.

Continue Reading

Resource Center

Legal Framework

READ BY CATEGORY

Facebook

Newsletter

Subscribe to Witness Radio's news and report updates



Trending

Subscribe to Witness Radio's news and report updates