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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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Ugandan farmers take TotalEnergies’ pipeline to UK court

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Police apprehend a Ugandan activist during a protest against the East African Crude Oil Pipeline (EACOP) plans in Kampala, Uganda, on 15 September, 2023. © Reuters

Four Ugandan farmers filed a case against the East African Crude Oil Pipeline (EACOP) at the UK’s High Court on Tuesday, seeking to have Ugandan constitutional, environmental and climate law applied to EACOP Ltd, the UK-registered company financing the project

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Lawyers Move to Court to Stop New Luxury Tourism Projects in Maasai Mara

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A coalition of regional legal and environmental organisations has moved to court seeking to halt the approval and development of new luxury tourism facilities in the Maasai Mara National Reserve, arguing that the projects threaten one of the world’s most important wildlife ecosystems.

The petition, filed before the Environment and Land Court, seeks orders stopping further construction of high-end tourist accommodation within the reserve pending the determination of the case.

Those behind the petition include East Africa Law Society, Natural Justice, JustAct and Africa Centre for Peace and Human Rights, who have sued several government agencies and private investors involved in the developments.

Among the respondents are Marriott International, The Ritz-Carlton Hotel Company, Minor Hotels, National Environment Management Authority (NEMA), Kenya Wildlife Service (KWS) and the Narok County Government.

Narok Governor Patrick Ole Ntutu and the Maasai Mara National Reserve date in Narok County.
Photo| County Government of Narok / Maasai Mara National Reserve.

The petitioners contend that approvals granted for the tourism developments violated constitutional and environmental safeguards, arguing that the projects were allowed within ecologically sensitive areas meant primarily for wildlife conservation.

Court documents further claim that the developments sit close to critical wildlife habitats and migration routes linking the Maasai Mara ecosystem with Serengeti National Park.

This, according to them, potentially disrupts the annual wildebeest migration that attracts thousands of tourists every year.

They have asked the court to certify the matter as one raising substantial constitutional questions and refer it to the Chief Justice for the appointment of a five-judge bench to hear the case.

The latest legal challenge comes months after the planned opening of the luxury Ritz-Carlton safari camp sparked public debate, with conservationists raising concerns that the facility could interfere with wildlife movement near the Sand River.

At the time, the Kenya Wildlife Service dismissed claims circulating online that the camp had blocked the wildebeest migration, describing videos shared on social media as misleading.

“The Ritz-Carlton safari camp is situated within a designated tourism investment low-use zone, as provided for in the Maasai Mara National Reserve Management Plan, 2023-2032,” KWS said at the time.

The agency also maintained that camps established along the Mara, Sand and Talek rivers have historically coexisted with wildlife movements without obstructing migration.

Source: kenyans.co.ke

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More than 17,000 people in the Philippines face eviction from their ancestral land for a multimillion-dollar energy project.

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By Witness Radio Team,

In the Visayas and Mindanao regions, in the Iloilo municipality on Panay Island in the central Philippines, thousands of Indigenous Tumandok people face forced displacement as a major energy project advances through their ancestral territories.

The Jalaur River Multi-Purpose Project, a state-backed dam and hydropower initiative, has triggered fears of forced evictions affecting more than 17,000 people and has already submerged ancestral land belonging to Indigenous communities.

The Tumandok have relied on the river basin as burial grounds, fishing sites supporting their livelihoods, and sacred landscapes preserved through oral history and cultural tradition for decades.

In 2012, the Korean Export-Import Bank provided a USD 260 million loan to the Philippine government for a multi-purpose project on the Jalaur River. Authorities present the project as a long-term solution for irrigation, flood control, and hydropower generation, designed to benefit agricultural production across thousands of hectares of farmland. However, host communities say the development has come at a high human cost.

The dam project, which began in the 1960s, entered a new construction phase in 2012, triggering new waves of human rights violations, from attacks and killings to arrests, and is expected to reach full completion in 2027.

As construction progresses, Indigenous ancestral domains within the project-affected watershed—covering approximately 16,780 hectares in the Calinog component—are being impacted by the Jalaur River Multi-Purpose Project Stage II. Community leaders say this is displacing Indigenous families from their homes amid concerns over inadequate consultation and potential violations of Indigenous land rights and free, prior, and informed consent standards.

Article 19 of the Declaration on the Rights of Indigenous Peoples requires states to consult and cooperate in good faith with the Indigenous peoples concerned, through their own representative institutions, to obtain their free, prior, and informed consent before adopting and implementing legislative or administrative measures that may affect them.

Article 32(b) of the same declaration urges states to make consent the objective of consultation before any projects that affect Indigenous peoples’ rights to land, territory, and resources, including mining and other uses or exploitations of resources.

John Ian Alecianga, coordinator of the Jalaur River People’s Movement, says opposition to the project has drawn allegations of intimidation, killings, arrests, and a heavy security presence in affected communities.

“Mobilizing these indigenous communities to fight for their rights has come at a cost. Indigenous leaders and activists have been subjected to surveillance, harassment, and red-tagging due to their resistance to the dam,” John said in an exclusive interview with our team.

According to John, tensions escalated in December 2020 when a police attack in Tumandok communities killed at least nine Indigenous leaders and elders and led to the arrest of 16 others.

“The military was deployed, human rights were violated, many elders were killed, and others were arrested, escalating into what we call a massacre. A fake search warrant was used in a staged operation to enter the houses of the Tumandok leaders. This is how much the government has ignored the rights of the indigenous peoples from the project conception until the project implementation,” he said. “The event remains one of the most traumatic moments in the ongoing conflict around the project,” John added.

Despite pressure, Indigenous communities continue to resist eviction through local and international advocacy networks, calling for justice for those killed in 2020, recognition of their land rights, and immediate protection from further displacement.

“The people are resisting because land is their life. Without it, there will be no community. There will be no identity,” he said.

The Jalaur River People’s Movement also seeks accountability through international mechanisms, including engagement with South Korean institutions linked to project financing.

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