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EACJ’s Appellate Court will hear an appeal on the dismissed Case against EACOP development.

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By Witness Radio team.

The appeal against the dismissal of a lower court case, filed by four East African civil societies seeking compliance with the East African Crude Oil Pipeline (EACOP) with regional and international human rights standards, is scheduled to be heard today, November 15, 2024, by the Appellate Court of the East Africa Court of Justice. The Appellate Court is the higher court that reviews decisions made by lower courts, and in this Case, it will review the decision of the EACJ’s First Instance Division that dismissed the Case.

The appeal case was filed against the Attorney Generals of Uganda and Tanzania and the East African Community Secretary General (EAC).

The appeal is based on case Reference No. 39 of 2020, which was filed in November 2020 by the Center for Food and Adequate Living Rights (CEFROHT), Natural Justice (NJ), Africa Institute for Energy Governance (AFIEGO), and Center for Strategic Litigation (CSL) from Tanzania, Kenya, and Uganda. The Case asked the EACJ lower court to issue temporary and permanent injunctions to halt the development of the EACOP.

The organizations claimed that the EACOP violates key East African and international treaties and laws, including the East African Community (EAC) Treaty, Protocol for Sustainable Development of the Lake Victoria basin, Convention on Biological Diversity, and the United Nations Framework Convention on Climate Change. Others include the African Charter on Human and People’s Rights and the African Convention on Conservation of Natural Resources.

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, have opposed the project, claiming that it will harm several fragile and protected habitats irreversibly and violate key agreements and treaties. Furthermore, the project has been linked to several human rights violations, such as land grabs and the imprisonment of project critics.

On November 29, 2023, the EACJ dismissed the Case. 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 make a decision on this particular matter. These rulings were based on the court’s interpretation of the EAC Treaty and procedural law.

Undeterred by the dismissal of the Case, on December 13, 2023, the four CSOs demonstrated their unwavering commitment to justice by filing an appeal at the East African Court of Justice’s (EACJ) Appellate Division.

Their appeal is meticulously based on the grounds that the court case was timely, given that the applicants (CSOs) became aware of the signing of the Intergovernmental Agreement (IGA) on October 26, 2020, and filed the Case on November 6, 2020, just ten days after gaining knowledge of the IGA.

They argue that the First Instance Division erred in interpreting Article 30 of the EAC Treaty and misapplied procedural law. The CSOs, with their legal expertise, assert that article 30 of the EAC Treaty sets a two-month limitation period for filing cases at the EACJ, starting from the enactment, publication, directive, decision, or action being contested, or, in its absence, from the day it came to the knowledge of the complainant.

The appellants also contend that the court should have recognized that their statement of reference was based on 12 grounds, with only two being challenged by the respondents. They argue that the court should have preserved and heard the remaining ten grounds, even if the preliminary objections on the two were upheld. Furthermore, they assert that the court misinterpreted the evidence, as the affidavits relied upon in resolving the preliminary objections constituted valid evidence, which they argue is a violation of the law on preliminary objections, among other issues.”

In their appeal, which will be heard today, the CSOs ask the Appellate Court to overturn the First Instance Division’s decision to dismiss their EACOP case, return the Case to the First Instance Division for a merits hearing, and return the Case to the First Instance Division for a trial of the remaining aspects for which the governments of Tanzania and Uganda did not raise any preliminary objections.

They also want the First Instance Division’s decision to overturn the awarding of costs decision to the Tanzanian and Ugandan governments and the EAC Secretary General.

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African communities demand land rights amid mining expansion

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Salina Sanou, a Kenyan climate justice Activist (left) and Dr Melania Chiponda, Executive Director, Shine Collab, a global feminist movement of CSOs, CBOs, and Faith based groups.. follow proceedings at the ongoing Ecofeminism 2026 Convening taking place in Harare, Zimbabwe

Community leaders, legal advocates and grassroots organisations meeting in Harare at the ongoing African Ecofeminism Convening  have renewed calls for governments, mining companies and international financiers to respect community land rights as mining and large-scale development projects continue to displace families and threaten livelihoods.

Participants at the meeting shared first-hand experiences from Kenya, Zambia, Zimbabwe, South Africa and other African countries, highlighting how communities are losing ancestral land, facing forced relocations, and suffering from pollution, inadequate compensation and limited participation in decisions that directly affect their lives.

They stressed that communities should not be treated as obstacles to development but as rightful custodians of their land whose voices must be heard before any mining or infrastructure project is approved.

“We cannot continue to see communities paying the price for development while receiving little or no benefit,” Dr Melania Chiponda, Executive Director, Shine Collab, a global feminist movement of CSOs, community groups and Faith groups said during the discussions. “Development must respect people’s rights, culture and dignity. We are demanding that land compensation must in kind and not cash; land for land,” added Dr Chiponda.

Tricia Abwooli, a lawyer working for GreenFaith Africa in Uganda raised several urgent concerns, including forced displacement of families without meaningful consultation, loss of ancestral land, cultural heritage and traditional livelihoods and environmental pollution affecting community health, particularly women and children.

Abwooli noted the compensation packages that fail to account for long-term social, cultural and economic losses, weak enforcement of legal protections and limited access to justice and [lack of transparency around mining licences, geological information and development agreements.

The meeting highlighted examples of the Hanyanya community resistance and successful advocacy. Participants from Hanyanya Community in Bikita, Zimbabwe shared experiences where organised communities used research, documentation, legal action and peaceful mobilisation to delay harmful projects, negotiate improved compensation and secure commitments for schools, clinics and other essential services.

Tapiwa Gorejena,a movement legal advisor in Zimbabwe called for stronger legal action where governments and corporations fail to meet their obligations. Strategic litigation, class actions, administrative justice processes and international legal mechanisms were identified as important tools for protecting community rights.

A key message from the meeting was that affected communities must document evidence of land loss, environmental damage and human rights violations to strengthen future legal cases and advocacy efforts.

The discussions further emphasised the importance of cross-border solidarity among African communities facing similar challenges. Participants agreed that communities can learn from one another by sharing legal strategies, advocacy experiences and successful models for defending land rights.

Concerns were also raised about international investment agreements and development initiatives that often prioritise foreign commercial interests while excluding local communities from decision-making. Participants called for greater transparency, stronger accountability and legally binding commitments that protect African communities.

The meeting concluded with several immediate priorities, including strengthening community awareness of land and environmental rights, expanding access to legal support for affected communities and building stronger networks among grassroots organisations across Africa.

They also called for investigation of legal options for challenging harmful mining and development projects and exploring the establishment of community-led tribunals to ensure the voices of affected people are heard in national and international decision-making.

Community organisations reaffirmed that lasting development can only be achieved when local people are fully consulted, fairly compensated and empowered to participate in decisions affecting their land and future.

Source: kbc.co.ke

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The untold struggle of community land right defenders in eastern DRC’s three-decade war.

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By the Witness Radio team.

“My land is among the properties currently being used by rebels. I had purchased a plot right along Route 2, but an M23 officer is now renting it out to traders. He collects the fees for my own land while I suffer here in hiding. I cannot even call him, for fear of exposing myself to further danger.”

These are the words of a community land-right defender from North Kivu Province, eastern Democratic Republic of Congo (DRC), living in hiding after becoming a target for defending community land rights.

According to the defender, defending land rights has come at an enormous cost. He has lost access to his property, his livelihood, and his freedom of movement. A piece of land he legally acquired is now under the control of others, and he remains unable to challenge their occupation because doing so could put his life at risk.

His story reflects a growing reality across eastern DRC, where decades of conflict have made land one of the most contested resources. As armed groups expand territorial control, communities say homes, farms, grazing areas, and commercial properties are being seized, leaving millions displaced and land rights defenders increasingly vulnerable.

Eastern DRC has endured armed conflict for more than three decades. The violence has involved government forces and multiple armed groups competing for political influence, territory, and control over valuable resources.

Since its resurgence in 2021, the March 23 Movement (M23), operating under the AFC/M23 coalition, has captured large areas of North and South Kivu, some of the country’s most strategic and resource-rich provinces.

According to the United Nations Group of Experts on the Democratic Republic of the Congo’s July 2025 report, the control of large parts of North and South Kivu by AFC/M23 secured access to mineral-rich territories and fertile land, while increasing Rwanda’s influence in the DRC.

The report highlights the strategic importance of territorial control in the conflict, where access to natural resources, productive land, and key areas is closely linked to armed groups’ expansion and regional influence.

For communities living in these territories, territorial control has brought displacement, insecurity, and loss of ancestral land.

According to the United Nations, more than seven million people are internally displaced across the Democratic Republic of Congo, making it one of the world’s largest displacement crises.

Many displaced people who spoke to the Witness Radio team say that when fighting forces drive them from their homes, their property often becomes vulnerable to occupation.

“Many people are suffering in silence. Throughout the territory, homes, fields, and plots are being seized by force while people are being driven out so that others can settle in undisturbed. Rwandans are leaving their homes to occupy local owners’ properties. We are helpless and suffering in silence,” he said.

Another defender, whom Witness Radio identifies as Mwamba for security reasons, says his family’s struggle over land has lasted for generations and has been shaped by armed conflict.

Mwamba says his father, a traditional chief, farmer, and landowner in North Kivu, was targeted during the years of rebellion and that their family land, measuring approximately 240 hectares, was taken over.

Before the land was seized, the family ran a farm with livestock, including about 550 cattle, 250 sheep and goats, and 50 pigs.

According to Mwamba, the livestock were looted, houses were destroyed, and the farm was occupied by armed actors linked to the AFC/M23 movement during successive periods of conflict.

“My whole life, there has been conflict over our family’s property. Since the 1990s, we have never been able to use our land in peace,” he said.

The human cost has been greater than the economic losses, leading to the deaths of his family members. He recalls, “In 1997, my three older brothers were captured on the road and killed by the same group that had grabbed our land. When I later tried to organize my family to reclaim what belongs to us, I received death threats too. I had to flee because I believed I would be next.”

Today, his family lives in poverty while watching others profit from land they say has belonged to them for generations.

“All family members left to save their lives. The farm is still in their hands, and we cannot even approach it,” he said.

Also, human rights lawyer Ngoma, whose real name is withheld for safety reasons, says defending victims of land grabbing and other abuses became a threat to his own survival.

For more than a decade, Ngoma represented marginalized communities seeking justice for land seizures, killings, sexual violence, torture, and other abuses committed during the conflict.

But when M23 fighters took control of his area, his work put him in danger.

“I felt constantly at risk, to the point of receiving death threats from the very people against whom we were litigating. I faced numerous threats to my own safety and that of my family. I was forced to change my phone numbers, cut communication with people, and I could no longer move freely as a citizen,” he told Witness Radio in an exclusive interview.

Like many other human rights defenders, Ngoma eventually fled and went into hiding for safety, but the conflict and its far-reaching costs to victims remained. His departure disrupted his life and left many victims without legal representation when they needed it most. For communities whose land had been seized or whose relatives had been killed, lawyers and land defenders are often the only link to justice. When they are forced into exile or silence through threats and intimidation, victims are left with few avenues to challenge abuses, document violations, or pursue accountability.

“When the conflict escalated, that marked the beginning of my ordeal. My life was thrown into turmoil. I was forced to flee and constantly protect my family from possible attacks,” he added.

His experience reflects a wider pattern across eastern DRC, where attacks on lawyers, land defenders, and human rights activists have weakened community efforts to resist land dispossession and seek justice. As those documenting abuses are driven into hiding, armed groups tighten their control over contested territories, while many displaced families are left without the legal and human rights support needed to reclaim their land or defend their rights.

Residents say that when armed groups capture territory and civilians flee, abandoned properties can become vulnerable to occupation. Families who later attempt to return often face intimidation, threats, or the inability to reclaim their land.

Researchers widely agree that the conflict in eastern DRC has multiple overlapping drivers, including competition for political power, ethnic tensions, control of mineral resources, weak governance, and territorial control. Within this broader conflict, land remains a critical source of both livelihoods and strategic influence, making it a frequent point of contestation between armed groups and displaced communities.

Dr. Deborah S. Rogers, the International Outreach Coordinator for the coalition Mobilization for the Safeguarding of Congolese Sovereignty and Autonomy (MOSSAC), told Witness Radio that, in her view, Rwanda’s involvement in eastern DRC is closely linked to territorial expansion.

According to Dr. Rogers, Rwanda’s limited land area and growing population have increased the importance of securing additional territory. She argued that in areas under the control of the AFC/M23, civilians are frequently driven from their homes through violence and intimidation. When displaced families later attempt to return, she said, many discover that their land has already been occupied by people she identifies as Rwandans.

Human rights organizations have repeatedly raised concerns about attacks against those documenting abuses and supporting affected communities.

Between November 2025 and February 2026, several human rights defenders in North and South Kivu were reportedly targeted because of their work, according to the United Nations.

In January 2026, UN human rights experts expressed concern over allegations of attempted killings, kidnappings, torture, sexual violence, and death threats targeting defenders and their families.

The attacks have forced many defenders to choose between abandoning their work and risking their lives.

Despite years of displacement and violence, many affected families still hope to return to their ancestral lands.

“The land belongs to our families. We have lost so much, but we have not lost hope. One day, we believe justice will allow us to return,” Mwemba told our team.

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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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