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EACOP activism under Siege: Activists are reportedly criminalized for opposing oil pipeline project in Uganda.

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By Witness Radio and Südnordfunk teams.

Close to 100 activists have been criminalized this year for speaking out about the harm caused by the East African Crude Oil Pipeline (EACOP) project in Uganda. The EACOP has already caused significant social harm to communities hosting the project, and it is projected to further damage the environment.

The EACOP is a planned 1,443km pipeline stretching from Hoima in Western Uganda to the port of Tanga in Tanzania. It is expected to transport crude oil from Uganda’s Tilenga and Kingfisher oil fields to export markets. Key stakeholders in this venture include Total Energies, the China National Offshore Oil Corporation (CNOOC), and the governments of Uganda and Tanzania.

In Uganda, hundreds of families have already lost their land to the project through the government’s compulsory land acquisition. Many had refused to accept the compensation, arguing it was inadequate compared to the size and value of the land taken but the government, in some cases, has forcibly acquired it. Meanwhile, those who also accepted compensation and surrendered their land have reported that the project has driven them deeper into poverty.

The social harm already inflicted on these communities, coupled with the impending environmental destruction, has sparked a massive rise in anti-EACOP activism, both within Uganda and internationally, with growing opposition to the project.

In August, Global Witness reported that at least 96 people, alone in Uganda had been detained in the past nine months, highlighting the increasing repression faced by environmental and human rights defenders who stand against the pipeline and its impacts.

Bob Barigye cannot be excluded when discussing EACOP activism and the fight for environmental justice in Uganda. Once a biology and chemistry teacher, Barigye has since turned into an activist and has been criminalized for opposing the controversial EACOP project. He is among the many activists targeted for standing up against the environmental and social impacts of the oil industry in Uganda.

“I have been arrested more than six times now”. Barigye revealed.

The escalating arrests result from activists revealing the darker side of the project once implemented, facts that the government and other project implementers are not interested in acknowledging. Their efforts to expose the environmental and social impacts of the project have continued repression.

“Our crime has always been trying to talk about the effects, trying to petition embassies, trying to report, trying to talk to government officials about the dangers of the project that they badly want to invest in. We have encountered with the Chinese embassy where we have been arrested three times with other activists trying to deliver a petition,” the activist revealed in an interview with Surdinordfunk.

The most common accusations against the Stop EACOP activists such as common nuisance, incitement to violence, and most recently, unlawful assembly are seen by the activists as deliberate attempts to weaken their efforts in challenging the environmental harm caused by the project. This makes the activists feel isolated in their struggle.

“They have made us seem like criminals, they have made us seem like unserious people. I have been taken to court twice, and the charges that they have always preferred against us are dubious and dehumanizing. Because the common charge that they normally charge us is a common nuisance, you are taking a report to a government body, but when you are arrested, you will be arraigned in court as a common nuisance.” Barigye further added.

Activists assert that these charges are false, pointing to the recent dismissal of cases due to lack of evidence as proof. For instance, in November 2023, incitement to violence charges against nine young environmental activists were dropped. Earlier, in January 2023, human rights defenders Barigye Bob, Ivan Kabale, Musoke Hamis Walusimbi, and Ssemwanga Jackson were re-arrested and similarly charged with incitement to violence and common nuisance. However, their case was dismissed for want of prosecution, further reinforcing the activists’ claims that these charges are fabricated.

It is not only in Uganda where those campaigning against the oil project are living dangerously. But also, in neighboring Tanzania where oil is to be transported. Richard Senkondo leads the Organization for Community Engagement (OCE) there. At the World Climate Change Conference in Dubai in November 2023, he addressed the problematic consequences of EACOP in his country. However, this didn’t go well with him upon his return back home from COP 28.

“I didn’t know the government was censoring me. Immediately after returning on the 4th of December to Tanzania, I found out that I had been summoned to one of the infamous police stations in Dar es Salaam. That police station is typically known and has recorded a high number of torture and complete disappearances of people who criticize the government.

According to Mr. Senkondo, after receiving the summons, he had to flee Tanzania to save his life. “I was ordered immediately to vacate to Kenya. Up to now, I have not been able to reunite with my family because there is still a lot of hunting and searching for me, but I have stood very firmly against the challenges,” he added.

Standing up against the oil project and for justice demands a lot from activists in Tanzania and Uganda. Also, the lawyers representing the Stop-EACOP activists and the affected community members report being threatened.

“Some of us have received letters, telling us to back off the cases or they prefer charges of defamation on their companies against us individually. But because we believe that the information and the knowledge we use, the evidence we use is direct and correct. So even if they prefer such kind of defamation cases, we are not scared because we have the evidence-based information, that is real and well known to everybody.” Lawyer Kato Tumusiime revealed this in an interview with Surdinordfunk.

The aim of the threatening letters, arrests, and lawsuits is to silence the voices against the oil development activities. Activist Barigye says that young people in particular who still live with their parents, are intimidated by this. Women are also increasingly deterred by police violence and social stigma:

“Most of them are married. Most of them have children. So, in case a charge like a common nuisance is provided against this person, it is the way that he will be viewed in the community. Because if you are being arraigned before court, if you are being harassed as a woman, being arrested the way they arrest us, being beaten, bangled on police pickups, there is that kind of dignity and psychological torture that it brings to them. And it has discouraged most of them.” Barigye added.

But, lawyers and activists are now discovering that the unending arrests of those opposing the EACOP Project are being sponsored by the oil companies involved in the project. They believe that companies like Total are directly funding these arrests to suppress opposition to their operations.

“Of course, these kinds of arrests, I believe, are sponsored directly by the oil companies here that we have in Uganda, including Total itself. Yes, obviously, most of the arrests, including of the activists themselves and the PAPs that are affected by the whole project are sponsored directly by those companies. When you go ahead and follow up on those cases, you find the representatives of those companies also at different police stations or even attending different court sessions to find out what is transpiring about these cases. So that one is a clear and a green light to show that these companies are directly involved and sponsoring these kinds of arrests,” counsel Tumusiime further mentioned.

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The joint final review of the National Land Policy 2013, a significant and collaborative effort between the government and Civil society organizations, is underway.

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By Witness Radio team.

Under the leadership of the Ministry of Lands, Housing, and Urban Development (MLHUD), and in partnership with Civil Society Organizations (CSOs) led by Participatory Ecological Land Use Management (PELUM), a crucial final review of the National Land Policy (NLP) 2013 is taking place in Kampala.

The Consultative event is a unique and empowering opportunity for all land actors to actively contribute to shaping Uganda’s land governance framework. It seeks to engage CSOs in shaping reforms in the much-awaited National Land Policy, addressing pressing land-related concerns such as land grabbing, promoting equity in land access, and enhancing strategies for sustainable land management.

The land ministry is expected to present a revised 2024 draft of the basis for discussion and obtaining valuable input from land actors and PELUM Uganda members to boost the policy framework.

Uganda first adopted the National Land Policy in 2013 to ensure the efficient, equitable, and optimal utilization of land and land-based resources for national development. Grounded in principles drawn from the 1995 Constitution and other macro-policy frameworks such as Uganda Vision 2040 and the National Development Plan (NDP), the NLP has served as a comprehensive guideline for Uganda’s land ownership and management.

With a decade of implementation behind it, the Ministry of Lands, Housing, and Urban Development is now reviewing the policy to integrate emerging trends and challenges. This review is crucial as it will ensure the policy’s relevance in the evolving land governance landscape, directly impacting your daily lives. The consultation process underscores the government’s unwavering commitment to inclusive decision-making by involving civil society and key stakeholders in policy formulation, ensuring everyone’s voice is heard and valued.

The event will be broadcast live on Witness Radio. To listen live, download the Witness Radio App from the Play Store or visit our website, www.witnessradio.org.

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Businesses, banks and activists resist EC plans to strip back human rights legislation

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Today the European Commission introduced their ‘Omnibus simplification package’ to amend key laws of the EU Green Deal, including CSDDD, CSRD and Taxonomy. The package proposes significant changes, including the removal of civil liability provisions in the CSDDD and removing 80% of companies from scope in the CSRD.

The earlier announcement from the European Commission as well as the leaked draft to reform recently-agreed EU laws such as the CSDDD has already come under attack from businesses, expertsinvestors and activists alike.

The UN Global Compact and companies including Unilever, Vattenfall and Nestlé have also expressed their concern. Nestlé Europe’s Bart Vandewaetere said that it had “been reporting on [environmental impact and human rights issues in the supply chain] ourselves for years. European regulations mean that more companies have to start doing that. That creates a level playing field and we welcome that.”

Former president of Ireland Mary Robinson added: “Von der Leyen’s new Commission’s attempt to eviscerate these sustainability laws must not be agreed by the European Parliament and by the member states.”

The European Banking Federation warned that weakening the CSRD could create challenges for banks, echoing concerns from more than 160 investors who cautioned that the Omnibus package could harm investment and increase legal uncertainty.

CSOs such as the European Coalition for Corporate Justice (ECCJ)WWF and the Clean Clothes Campaign have also sharply criticised the proposal. The ECCJ writes the proposal is “not simplification, but full-scale deregulation designed to dismantle corporate accountability”.

Workers’ organisations and trade unions from garment-producing countries across Asia, Europe and Latin America also opposed the ‘Omnibus’ this week, highlighting the risk the proposal will “exclude most supply chain workers” including 49 million home workers.

Source: Business & Human Rights Resource Centre

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The CSOs’ Appeal to hear the EACOP case on merit is a crucial development, with the ruling now awaited.

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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.”

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