By Witness Radio team.

The Appellate Division of the East African Court of Justice (EACJ) has heard an appeal filed by four civil society organizations (CSOs) challenging the dismissal of their case against the East African Crude Oil Pipeline (EACOP).

The appeal, filed by four civil society organizations (CSOs), seeks to reconsider the case on its merits after the First Instance Division of the EACJ dismissed it in November 2023 on procedural grounds.

The case was before Justice Nestor Kayobera, Justice Kathurima M’Inoti, Justice Anita Mugeni, Justice Barishaki Bonny Cheborion, and Justice Omar Othman Makungu.

The East African CSOs, Center for Food and Adequate Living Rights (CEFROHT), Africa Institute for Energy Governance (AFIEGO), Natural Justice (NJ), and Centre for Strategic Litigation (CSL), argued that the lawsuit was dismissed unfairly and that the First Instance Court had improperly evaluated the evidence before making its ruling.

According to CSOs, the EACOP project, if implemented, could lead to significant environmental damage, endangering local livelihoods, water supplies, and biodiversity. This includes potential oil spills, disruption of ecosystems, and contamination of water sources. They further assert that TotalEnergies, China National Offshore Oil Corporation (CNOOC), and the governments of Tanzania and Uganda failed to provide a sufficient risk assessment for the project and to adhere to international human rights norms.

The EACOP project is a significant pipeline initiative spanning over 1,400 kilometers, designed to transport crude oil from Uganda’s Lake Albert region to the Tanzanian port of Tanga. The project is a joint venture of TotalEnergies and China National Offshore Oil Corporation (CNOOC) in partnership with the governments of Uganda and Tanzania.

During the appeal hearing in Kigali, Rwanda, the CSOs’ lawyers, known for their expertise, presented robust arguments against the First Instance Court’s dismissal of the case.

Counsel David Kabanda, one of the CSOs’ lawyers, argued that the First Instance Court had overstepped its role by evaluating evidence when considering the preliminary objection raised by the Tanzanian government, which claimed the case was time-barred. He emphasized that determining a preliminary objection should not require examining evidence.

The CSOs’ legal team also emphasized that the case had been filed promptly under the EAC Treaty, a key legal instrument that allows individuals in East African countries to challenge unlawful acts within two months of their enactment or upon gaining knowledge of such acts.

They also urged that the court should have examined other, non-time-barred portions of the case if a portion of it was dismissed on time-barred grounds.

The CSOs also raised the First Instance Court’s ruling to award costs to the Tanzanian and Ugandan governments and the East African Community Secretary General (EAC). They contended that a decision like this may deter future public interest lawsuits, particularly those involving human rights and the environment, as it could set a precedent of penalizing those who advocate for public welfare.

Lawyer Rugemeleza Nshala cautioned that charging in public interest cases, particularly those involving the environment and human rights, could have a “chilling effect” on those seeking justice. “The case that was filed affects the people, and this is why we have all these people in court today,” he said.

After hearing arguments from both sides, including legal representatives for Uganda, Tanzania, and the EAC Secretary General, the appellate judges reserved their ruling, stating that it would be delivered “on notice.”

By Witness Radio Team.

Kampala, Uganda—The Ministry of Energy and Mineral Development (MEMD) is developing a comprehensive five-year Energy Efficiency and Conservation Strategy and Plan for Uganda (EECSP). This plan, which is expected to be completed in June 2025, aims to enhance energy efficiency and conservation efforts in Uganda. Uganda has no law governing the manufacture, distribution, and use of clean cooking technologies.

The plan is expected to be aligned with national priorities, foster partnerships, and secure stakeholder buy-in for effective implementation and long-term sustainability.

In Uganda, over 90% of household energy consumption relies on biomass, a practice that is contributing to massive deforestation. This deforestation threatens our natural habitats, worsens climate change, and increases air pollution. To address these challenges, the government wants to improve energy supply, reduce greenhouse gas emissions, and expand green energy solutions in rural areas, ensuring access to affordable and clean energy.

James Banaabe said that the government, through the Energy Ministry, has hired their firm, Castle Group of Consultants, to develop the strategy. He explained that the goal is to create an actionable plan to enhance energy efficiency across various sectors in Uganda, including industries and buildings.

“We need to develop solutions that help sectors reduce their energy bills while promoting efficiency,” he noted during a consultative meeting attended by key stakeholders, including government agencies, private sector actors, civil society, academia, and end users, which provided active and meaningful insights into the development process.

Funded by the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ), the plan seeks to set realistic, achievable energy efficiency targets across key sectors such as industry, transport, residential, and commercial, identify key areas for improvement, develop an environmental strategy, and recommend actionable measures to enhance energy efficiency and conservation.

Engineer Simon Kalanzi, Energy Efficiency and Conservation Department Commissioner at MEMD, emphasized the crucial role of continuous stakeholder engagement. “The energy efficiency strategy and plan rely on broad stakeholder engagement to ensure inclusivity, relevance, and effective implementation. Your involvement is key to addressing market barriers, sharing knowledge, and building capacity to incorporate local and international expertise,” he stated further.

The strategy will yield significant benefits over the next decade, including a promising future with steady and responsible energy usage across targeted sectors.

David Birimumaaso, a principal officer at MEMD, highlighted that the strategy would support the implementation of the Energy Efficiency and Conservation bill, which is already before Parliament. “This law mandates everyone to be mindful of energy conservation,” he added.

On February 4, 2024, the State Minister for Energy, Hon. Sidronius Opolot, tabled the Energy Efficiency and Conservation Bill, 2024. The bill seeks to regulate energy consumption, curb waste, and promote sustainable cooking technologies. According to the bill, no regulations currently govern the manufacture, distribution, and use of clean cooking technologies.

By Witness Radio team.

A Buvuma district land grab cartel, allegedly involving district officials, judicial officials, police personnel attached to Buvuma district police, officials from Buvuma College school, and OPUL workers, is using both police and judicial harassment to target and criminalize the farming activities of several community members in the Nairambi sub-county to expand palm oil plantations.

Commercial oil palm tree growing in Uganda started around 2005, with the first large-scale planting occurring on Bugala Island in Kalangala district under a tripartite public-private partnership with Oil Palm Uganda Limited (OPUL) and Kalangala Oil Palm Grower’s Trust (KOPGT) as the key implementers.

Initially in 2003, the Government signed an agreement to develop Uganda’s oil palm value chain with BIDCO Uganda Limited. They agreed to establish 40,000 hectares of oil palm across the country. The OPUL was to establish 23,500 hectares, while smallholders would be supported to establish 13,500 hectares.

The experience of the people in Kalangala is devastating. Several have seen their lands grabbed, their forests destroyed, and their water contaminated. People have been arrested and tortured for opposing the company, while women and children have been displaced and have nowhere to stay.

Statistics from the Ministry of Agriculture, Animal Husbandry and Fisheries reveal that in Kalangala district, the total area planted with oil palm is 10,924 hectares, comprised of 6,500 hectares belonging to OPUL and 4,424 hectares by smallholder farmers. This has forced the Government of Uganda and BIDCO to source land from other districts, including Buvuma.

Before rectifying the mess caused in the Kalangala district, OPUL, a subsidiary of BIDCO Uganda is expanding the oil palm tree growing in the Buvuma district, and there’s a notable repeat of palm oil growing-related challenges.

Buvuma District is a district in the Central Region of Uganda. Jinja District borders it to the north, Mayuge District to the east, Tanzania to the south, and Buikwe District to the west and northwest.

More than a dozen smallholder farmers in Majjo and Bukula villages in Nairambi Sub-county have been framed with criminal charges, including malicious damage and Criminal trespass on their land for refusing to give away their land for palm oil growing.

In Nairambi, Witness Radio has documented troubling patterns of land grabbing, displacement, conflict, poverty, and environmental degradation. Communities living in areas targeted for palm oil plantations are increasingly losing their ancestral lands without being consulted or expressing consent for land takeovers.

This cartel causing mayhem involves Buvuma district authorities, judicial officials, police personnel attached to Buvuma district police, officials from Buvuma College school, and OPUL workers, all colluding to take farmers’ land to grow palm oil trees forcefully.

Meet Ssalongo Ssentongo Living Stone, a 58-year-old farmer in Majjo village in Nairambi Sub-county. He is one of the many victims of the palm oil company. Over the past decade, he has been in and out of prison, facing the same charges repeatedly. He has lost four out of his five pieces of land to the company, plunging him into poverty. His story is a stark example of the injustice faced by many in similar situations.

“I am facing criminal charges because of refusing to surrender my land. Two complainants arrested me four times for a criminal trespass charge—two files by Buvuma College school and two others by Buvuma district officials. In the first case in 2020, I was arrested by police on orders of Buvuma College School as soon as I came back from prison after a year I was then re-arrested and charged with the same case of criminal trespass by police on orders of the same school. This has been the trend. When I refused to surrender it to the School, Buvuma district officials started on the same. They tell me that the land is not mine; it belongs to the school, and at the same time, the district tells me it’s forest land, yet this is land that I formally requested from the Buganda Land board.” Ssentongo added.

He said he owned about five pieces of land that supported his family of 12, but four of them were forcefully taken. He added that he has written to the Oil Palm company seeking to re-possess his land but in vain. It is now almost 10 years since four of my pieces of land were forcefully taken and have never been compensated,” Ssentongo revealed.

Despite initial land acquisitions for palm oil in Kalangala being filled with concerns of land grabbing, the trail of land grabbing for project expansion has since been replicated in Buvuma district. In the project pioneer villages of Buvuma, more than 600 people whose land was taken for the oil palm project in 2015 with promises that it would be compensated later are suffering.

Many families in Kakyanga, Kiziiru, Bukiindi, and Bukalabati villages are struggling to make ends meet. Their land, measuring over 388 hectares, was forcefully taken and is now occupied by oil palm plantations. They can no longer afford to meet their families’ basic needs, a stark reminder of the human cost of land grabbing.

With significant financial and political backing, the Buvuma Oil Palm land grab cartel which began from Kakyanga, Kiziiru, Bukiindi, Bukalabati, and Bukinarwa continues to extend to Majjo and Bukula villages in the same sub-county, Nairambi.

According to the Ministry of Agriculture statistics, palm oil trees have already covered over 5,000 hectares in the Buvuma district.

According to the affected residents, Mr. Adrian Ddungu, the chairperson of Buvuma District, is allegedly colluding with Buvuma College School to grab their land for palm oil plantations. All five families share a common struggle—the increasing criminalization they face for refusing to surrender their land. The urgency of their situation is pressing as the land grab continues to extend to Majjo and Bukula villages.

“All of our subcounty land is mostly occupied by oil palm trees. Most of it has been grabbed, and OPUL’s agents are now extending to our side. As you can see, one of our community members’ land was taken and is currently planted with palm trees.” Nsubuga, another victim, said.

Efforts to get a comment on the community’s allegations from OPUL were futile, as our phone calls went unanswered, and our emails received no response.

However, Mr. Adrian Ddungu, the District Chairman, and Mr. Lawrence Sserwanga, the Chairperson of the Board of Governors at Buvuma College, denied allegations of involvement in land grabbing. Instead, they both claimed that the residents were occupying the land illegally and insisted they had no intentions of selling it to OPUL. They also stated that the land was given to the school, and the residents were compensated.

“The land belongs to the Buvuma school; those people gave the land to the school and were compensated.” Mr. Ddungu revealed.

In contrast, Mr. Ddungu’s response diverged from Mr. Sserwanga’s. Mr. Sserwanga maintained that the early inhabitants of the land had willingly donated it to the school without expecting compensation. “They gave it freely because they wanted to see a school built; donations are not supposed to be compensated,’ he told Witness Radio, which raises questions on how the school acquired land.