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EACOP Project: A displacement crisis and cultural erosion threatening Ugandan communities.

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By Witness Radio and Südnordfunk teams.

Thousands of people in Uganda are affected by the East African Crude Oil Pipeline (EACOP) project, which spans from the oil production towers and refineries to the pipeline’s route and extends to its final destination in Tanzania. The Ugandan government portrays it as a promising project for the country’s development, often labeling those who criticize it as agents of imperialism.

The French oil company Total Energies wants to build a pipeline in Uganda and Tanzania. EACOP project was first introduced in Nanywa ‘A’ village, Nanywa Parish, Ndagwe sub-county in Lwengo district in around 2018. Back then, hundreds of people hoped to benefit from it.

In several meetings conducted by Total to introduce the project to the affected communities, such as those in Lwengo District, the Total Energies team communicated that the project would offer enhanced support to vulnerable groups, including widows, the elderly, persons with disabilities, and orphans.

“Total often called us into their meetings, where they assured us that everyone would benefit from the project, with particular attention given to groups such as widows, orphans, and the elderly.” One of the affected residents, Mr. Katoogo Kasim, told Witness Radio.

Accordingly, the impacted communities mentioned that the project was highly hyped by its implementers as a pathway to development and wealth generation. But what turns out are regrets and curses from the would-be beneficiaries of the Eacop project. In areas where the project is passing, they claim it has exposed them to poverty, adversely affected their health, criminalized project critics, and greatly affected their social lives and cultures.

90-year-old Tereza Nakato (name changed) of Nanywa, a village nine kilometers from Lwengo town, suffers from high blood pressure. According to her, her health has been deteriorating daily since the project implementors expressed interest in her land. Before the project, she was living happily and enjoying her old village life.

“A lot has changed in my life ever since these oil people came and took my land. The pipeline now passes through my compound, just three meters from my house, and this has caused me to develop hypertension due to the constant stress of worrying about what might happen next,” the 90-year-old woefully revealed.

During our visit to her home, a brick-structured four-roomed house surrounded by a small farm of two cows and goats, she was still locked in her house by 9 am when we reached there. Next to her home is her son’s house, which is also on the same land. He, too, is affected by the EACOP. Due to her illness, the old widow could not speak much, so her son, Mr. Katoogo Kasim, assisted her in talking to us. The EACOP is supposed to pass right through her compound. The construction work has not yet begun, but signs of its beginning can be witnessed.

Katoogo Kasim told us that the pipeline is located just three meters from his mother’s house. The three meters between the pipeline and the house will be the compound, leaving her with no space to do her chores.

She (Nakato) worries that her house may be damaged due to heavy trucks and machines that will construct the pipeline, and the poor compensation stresses her. Along with other effects, it has worsened her health. For instance, her family has to spend more than 50 Euros every month on her medication – money she does not have. She received some compensation for the land taken for the project. But she says it was inadequate to improve her life. Instead, it is used up quickly by her sickness.

“This project is a disaster, bringing havoc to me and my family. It’s the time when my mother got sick, and all the money that was given to her as compensation was used up for her monthly Hypertension medication,” Kasim further said.

According to Nakato, initially, Total told her that she would be relocated elsewhere or that they would construct a new house. But these were empty promises well-intentioned to coerce her to surrender her land to the project. When she sought relocation or construction of a new home due to the imminent impact on her and her house after giving them her land, the project implementers told her that it must first get cracked or fall.

Nakato is not the only one to cry out about the impacts of the EACOP project on her land and home. Lawyer Brighton Aryempa is advising affected community members and representing some of them in court. In an interview with Südnordfunk, he, too, says that being displaced from their land is one of the significant impacts on the communities:

“Communities are suffering because they are being displaced from their ancestral land without compensation, and even when they pursue legal action. The court cases have dragged on for years, yet land is crucial for creating livelihoods for families and communities. This is happening despite laws outlining how land should be compensated when taken for public interest.” He said.

While the government is allowed to acquire land for public interest, the acquisition should follow due process. This has often been different for the EACOP project. He emphasizes that community members have the full right to demand adequate compensation:

“Some people think the government compensating them is just helping them, which is untrue. These are inherent rights. So, we want them to know some of these basics so that they can negotiate. They can have better compensation rates and are not cheated,” he added.

Similar concerns about injustices caused by the project are echoed in the neighboring Kyotera district. Residents report a feeling of powerlessness. They are being told they must surrender their land for the project and accept the compensation offered, as it is a government initiative that cannot be halted. Likewise, the landlords too are complaining.

Uganda has four land tenure systems under which a person can hold land: mailo, freehold, leasehold, and customary. In these particular areas of Kyotera, most of the project-affected persons live on the Mailo land tenure system. Here, the landlord owns the land, while tenants may have rights to use the land but lack full ownership unless granted by the landlord through purchase with a land title.

Mr. Ssekyewa Benedicto is a landlord in Lusese village in Kyotera district. The entire village survives mainly on agriculture. We found coffee, maize, and bananas growing during our visit to his home. Ssekyewa says about seven of his tenants were affected by the pipeline. He blames the government and the project implementers for not educating him and other affected people about the project’s adverse effects.

‘We lack complete information about how this project will be conducted. This project was introduced to us without proper education or consultation,” he stated.

As a landlord, Ssekyewa claims he has not benefited from the project as promised. He says he was never consulted or informed about how the valuation of his land was conducted. “We were not informed as owners of the land that this is what we are to be compensated or what was valued from our land because the government isn’t clear on the exact valuation,” he maintained.

In the same village, Ssalongo Kigonya Vicent was promised compensation for his two pieces of land affected by the pipeline project. Still, he received less than the amount that was initially valued.  He said he was made to sign a large sum of money on a document over 30 pages long, written in English—a language he did not understand. “I signed 28 million (about 6,916.98 Euros) for two plots of my land where the project passed, but to my surprise, I received only 3,800,000sh, equivalent to 938.73 Euros on my account.” He revealed.

For now, he still has his house on part of the land that was left. But where his crops are, construction will soon be taking place. He reveals that. “I was told that no one can stop the government from implementing a pipeline project. They said they can do it wherever they want.”

Lawyer Aryampa points out that the compensation is often too little. He mentions that government agencies take the value of land from years back but only pay it later when a piece of land is worth much more.

Besides compensation, Mr. Kigonya faced another challenge. One of his pieces of land accommodated the grave sites of his deceased twins, requiring their exhumation and relocation. Total supported the relocation of the graves and promised to support ceremonies after relocation, including celebrations of twin rituals.

In the Buganda culture of the Buganda kingdom, where Kigonya belongs, one has to perform twin rituals celebrating their birth and celebrate twin rituals if the graves of twins are exhumed or relocated due to cultural beliefs and traditions associated with them. In the same culture, twins are considered sacred and hold a special spiritual significance. When twins pass away, their graves are typically treated with relevance, and the relocation or disturbance of these graves can be seen as disrupting spiritual harmony and traditional practices. The Baganda performs specific rituals after the graves are exhumed or relocated to restore this harmony and honor the twins’ spirits.

But up to date, the rituals of Kigonya’s twins remain unperformed. The project implementers did not fulfill their promises, and the father had no means for it alone. According to his conviction, not performing these rituals is exposing his family to significant consequences, including poverty, family separations, and body burns.

Not far from Kigonya’s home is Mr. Bwowe Ismail’s in Bethlehem village, a father of 20 children. His family is living in misery after the project grabbed his entire land without compensation. When he demanded to be compensated fairly, state authorities intimidated, arrested, and charged him with false offenses, claiming he was sabotaging the government project.

In Uganda, criminalization is one tactic used by multinational companies, the government, or its bigshots to silence community land and environmental defenders and project critics for raising the adverse impacts on projects being established.

Bwowe, on one of the cases, was arrested and slapped with charges of robbing a confident, wealthy man. Total offered to lend him support with legal fees and representation in court only if he allowed to sit with them at the table and accept the compensation. But Bwowe refused.

Many individuals affected by this project are dissatisfied but cannot voice their complaints because it is a government project, and they witness how their neighbors are intimidated. Mr. Segawa Abdallah, Chairman of an affected village in Nanywa A, confirmed this sentiment, adding that they resorted to keeping this pain in their hearts.

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Forced Land Evictions in Uganda: Tenure and food insecurity on the rise…

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The scale of the issue, as revealed in Witness Radio’s recent report, is staggering and demands immediate attention: Over 5,000 hectares are targeted weekly by local and foreign investors, leading to the displacement of hundreds of Indigenous and local communities. This urgent situation threatens their food sovereignty and environmental stewardship, necessitating immediate and decisive action.

The forced land evictions are not just numbers; they are exacerbating inequality and directly undermining the efforts of local farmers to safeguard food systems and the environment.

Disturbing findings from the Daily Monitor: Uganda is grappling with a surge in malnutrition cases, with over 260,000 children suffering from acute malnutrition, as reported by UNICEF and WHO.

When evicted from their land, which is the source of livelihood, survival becomes very difficult, resulting in unwanted deaths, sicknesses, and poverty. These are not just statistics, but the harsh realities the affected communities face. It’s crucial to remember that there’s a human story of struggle and loss behind every statistic, and it’s these stories that should drive our actions.

Witness Radio’s recent report, which covered the first half of 2024, revealed that Ugandans face forced land evictions daily to give way to land-based investments, with 723 hectares of land at risk of being grabbed daily.

Furthermore, over 360,000 Ugandans were displaced, with a daily average of 2,160 people losing their livelihood. Land is targeted for oil and gas extraction, mining, agribusiness, and tree plantations for carbon offsets. While some investments have taken shape on the grabbed land, other pieces of grabbed land are still empty but under the guardship of military and private security firms.

The report pointed out that the leading causes of forced land evictions were the lack of legal documents for land ownership and transparent mechanisms to regulate an influx of “investors.” This lack of legal ownership is not just a symptom but the root cause of the problem, highlighting the urgent need for legal reform to protect the rights of Indigenous and local communities.

Since the Uganda government announced an industrial policy that commoditized its land to fight its unemployment, which will give Uganda a middle-income class status from a low-developed country, there has been an increase in forced land eviction cases. This policy shift, encouraging large-scale industrial projects, has raised questions about the government’s responsibility and accountability in these evictions.

Many investors fraudulently acquire communities’ land and do not conduct feasibility studies to establish whether the targeted land has interests. On many occasions, communities are not consulted about their land, and no compensation is offered.

According to the Lands Ministry’s 2016 annual report, about 23 percent of Uganda’s land is registered. The registration is mostly with freehold (where the land is owned outright), mailo (a form of land tenure in Buganda, a region in Uganda, customary tenure), and lease (where the land is leased for a specific period) tenure systems.

Go-betweens and blockers use this gap with support from some government officials to acquire land titles fraudulently and later evict bonafide land occupants (Indigenous and local communities) to give way for land-based investment.

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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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Big oil firms knew of dire effects of fossil fuels as early as 1950s, memos show

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Newly unearthed documents contain warning from head of Air Pollution Foundation, founded in 1953 by oil interests.

Major oil companies, including Shell and precursors to energy giants Chevron, ExxonMobil and BP, were alerted about the planet-warming effects of fossil fuels as early as 1954, newly unearthed documents show.

The warning, from the head of an industry-created group known as the Air Pollution Foundation, was revealed by Climate Investigations Center and published Tuesday by the climate website DeSmog. It represents what may be the earliest instance of big oil being informed of the potentially dire consequences of its products.

“Every time there’s a push for climate action, [we see] fossil fuel companies downplay and deny the harms of burning fossil fuels,” said Rebecca John, a researcher at the Climate Investigations Center who uncovered the historic memos. “Now we have evidence they were doing this way back in the 50s during these really early attempts to crack down on sources of pollution.”

The Air Pollution Foundation was founded in 1953 by oil interests in response to public outcry over smog that was blanketing Los Angeles county.

Researchers had identified hydrocarbon pollution from fossil fuel sources such as cars and refineries as a primary culprit and Los Angeles officials had begun to proposal pollution controls.

The Air Pollution Foundation, which was primarily funded by the lobbying organization Western States Petroleum Association, publicly claimed to want to help solve the smog crisis, but was set up in large part to counter efforts at regulation, the new memos indicate.

It’s a commonly used tactic today, said Geoffrey Supran, an expert in climate disinformation at the University of Miami.

Fire emanating from a factory chimney
A gas flare from the Shell Chemical LP petroleum refinery burns against the sky in Louisiana. Photograph: Drew Angerer/Getty Images

“The Air Pollution Foundation appears to be one of the earliest and most brazen efforts by the oil industry to prop up a … front group to exaggerate scientific uncertainty to defend business as usual,” Supran said. “It helped lay the strategic and organizational groundwork for big oil’s decades of climate denial and delay.”

Then called the Western Oil and Gas Association, the lobbying group provided $1.3m to the group in the 1950s – the equivalent of $14m today – to the Air Pollution Foundation. That funding came from member companies including Shell and firms later bought by or merged with ExxonMobil, BP, Chevron, Sunoco and ConocoPhillips, as well as southern California utility SoCalGas.

The Air Pollution Foundation recruited the respected chemical engineer Lauren B Hitchcock to serve as its president. And in 1954, the organization – which until then was arguing that households incinerating waste in backyards was to blame asked Caltech to submit a proposal to determine the main source of smog.

In November 1954, Caltech submitted its proposal, which included crucial warnings about the coal, oil, and gas and said that “a changing concentration of CO2 in the atmosphere with reference to climate” may “ultimately prove of considerable significance to civilization”, a memo previously uncovered by John shows. The newly uncovered documents show the Air Pollution Foundation shared the warning with the Western Oil and Gas Association’s members in March 1955.

In the mid-1950s, climate researchers were beginning to understand the planet-heating impact of fossil fuels, and to discuss their emergent research in the media. But the newly uncovered Air Pollution Foundation memo represents the earliest known cautionary message to the oil industry about the greenhouse effect.

The Air Pollution Foundation’s board of trustees, including representatives from SoCalGas and Union Oil, which was later acquired by Chevron, approved funding for the Caltech project. In the following months, foundation president Hitchcock advocated for pollution controls on oil refineries and then testified in favor of state-funded pollution research in the California Senate.

Hitchcock was reprimanded by industry leaders for these efforts. In an April 1955 meeting, the Western Oil and Gas Association told him he was drawing too much “attention” to refinery pollution and conducting “too broad a program” of research. The Air Pollution Foundation was meant to be “protective” of the industry and should publish “findings which would be accepted as unbiased”, meeting minutes uncovered by John show.

After this meeting, the foundation made no further reference to the potential climate impact of fossil fuels, publications reviewed by DeSmog suggest.

“The fossil fuel industry is often seen as having followed in the footsteps of the tobacco industry’s playbook for denying science and blocking regulation,” said Supran. “But these documents suggest that big oil has been running public affairs campaigns to downplay the dangers of its products just as long as big tobacco, starting with air pollution in the early-to-mid-1950s.”

In the following months, many of the foundation’s research projects were scaled back or designed to be conducted in direct partnerships with lobbying groups. Hitchcock resigned as president in 1956.

Last year, the largest county in Oregon sued the Western States Petroleum Association for allegedly sowing doubt about the climate crisis despite longstanding knowledge of it.

DeSmog and the Climate Investigations Center previously found that the Air Pollution Foundation underwrote the earliest studies on CO2 conducted in 1955 and 1956 by renowned climate scientist Charles David Keeling, paving the way for his groundbreaking “Keeling Curve,” which charts how fossil fuels cause an increase in atmospheric carbon dioxide.

Other earlier investigations have found that major fossil companies spent decades conducting their own research into the consequences of burning coal, oil and gas. One 2023 study found that Exxon scientists made “breathtakingly” accurate predictions of global heating in the 1970s and 1980s, only to then spend decades sowing doubt about climate science.

The newly unearthed documents come from the Caltech archives, the US National Archives, the University of California at San Diego, the State University of New York Buffalo archives and Los Angeles newspapers from the 1950s.

The Western States Petroleum Association and the American Petroleum Institute, the top US fossil fuels lobby group, did not respond to requests for comment.

Origin Source: The Guardian

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