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Oil project-affected persons express disappointment in Uganda judiciary

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The Tilenga and EACOP oil project-affected households have expressed deep disappointment over the failure of key stakeholders in Uganda’s judicial system to grant them audience to discuss their grievances stemming from a lawsuit filed against them by the government in December 2023.

In a press conference organized at Hotel Africana in Kampala, some members of the 42 of the families sued by the government claimed having travelled from Buliisa district to Kampala with the aim of meeting Norbert Mao, the minister of Justice and Constitutional Affairs, Chief Justice Alfonse Owiny-Dollo and the deputy chief justice.

They also intended to meet the principal judge, the Judicial Service Commission (JSC) and others. Additionally, the households wanted to meet Total Energies’ managing director. However, they were unable to meet any of them, stating that their refusal indicated lack of responsiveness and dialogue on critical issues affecting the rights and livelihoods of project-affected people in the oil region.

According to a one Bamutuleki, one of the affected members, they had written letters to various stakeholders, including the ministry of Justice and Constitutional Affairs, the chief justice, deputy chief justice, principal judge, Judicial Service Commission (JSC), and Total Energies, seeking for a meeting to discuss their grievances. However, they were unable to meet any of them for a crucial discussion.

“This lack of interaction leaves us feeling neglected and unheard in our quest for justice and fair treatment in the face of potential evictions related to the oil projects,” Bamutuleki said.

Julius Asiimwe, another oil project-affected person, raised similar concerns about their failure to meet the key stakeholders in the judiciary to address their grievances.

“We are not happy with all these offices. We are aggrieved. We wrote them letters requesting for meetings on specific dates and none of them wrote back to us. Based on the reception we received at the offices we visited, we don’t think that the judiciary understands the implications of its actions on our families, and our children,” Asiimwe said.

The failure to meet any of the officials leaves the future of the affected households in uncertainty after the High court in Hoima gave the government a go-ahead to evict them from their land.

GENESIS

In December 2023, the government filed a lawsuit against the households affected by the Tilenga and East African Crude Oil Pipeline (EACOP) projects in Uganda. This was after the affected households had rejected the compensation offered by Total Energies, a French company, which was acquiring the land on behalf of the ministry of Energy, citing it as inadequate, unfair and low.

The affected people said the government valuation did not reflect the value of their land, and the impact of losing their property. They expressed their preference for land in exchange for their property rather than monetary compensation in order to maintain their livelihoods.

Additionally, they claimed it was a violation of Article 26 of the Ugandan Constitution, which protects property rights and ensures fair compensation. However, the rushed court processes led by Justice Jesse Byaruhanga of the High court in Hoima resulted in a judgment against the households within four days of the case being filed, which is arguably one of the fastest court cases to be resolved in Uganda in recent memory.

The court ruling stated that the people’s compensation could be deposited in court and the government could proceed and gain vacant possession of their land.

The affected households did not participate in the court hearing because some of them were even unaware that they had been sued.
According Bamutuleki, other project- affected persons could not travel to the court in Hoima, which was far away from Buliisa, due to the short notice provided for the hearing and their lack of financial resources to cover transportation costs.

“This lack of adequate notice and financial constraints hindered our ability to participate in the legal proceedings and defend our interests,” Bamutuleki pointed out.

Additionally, Bamutuleki stated that they were given a pile of legal documents by the court and no one was there to make the interpretation for them. Most of the project-affected persons are illiterate, a factor that made it harder for them to get a fair hearing.

UNCERTAINTY

Many families say their eviction from land for the Tilenga and East African Crude Oil Pipeline (EACOP) projects makes their future unknown given that land is their primary source of income.

While at the press conference, Jelousy Mugisha stated that their daily lives depend on the land for various aspects such as generating income, sending children to school, and accessing medical assistance.

“I have been using my land for many years now to take care of my family because I don’t earn any monthly salary. So, the government giving me money to leave my land and get a smaller one is completely unfair and unconstitutional,” he said.

The families highlighted that they weren’t fighting the government and its projects but only want a fair compensation for their land, which will restore them to their former positions. Mugisha stated that the money the government proposed in compensation for their land is completely low compared to the market prices of the land in the area.

“The size of my land that was acquired is 2.5 acres. The government wants to give me Shs 5 million per acre yet the market price for one acre is Shs 20 million in my area,” Mugisha said.

“If the government really wants the land, let it get us another land equivalent to what we had and we shall agree,” he said.

Dickens Kamugisha, the executive director of the Africa Institute for Energy Governance (AFIEGO), an organization that has been supporting the affected families for a long time, expressed deep concern over the plight of the poor families from the oil region who are facing injustices.

He emphasized the importance of all Ugandans to take a keen interest in their struggles, highlighting the broader implications of the government’s actions and court precedents that allow for the violation of constitutional rights and unfair treatment of landowners.

“As these poor families from the oil region suffer injustices today, all Ugandans should take a keen interest in their plight. With courts setting bad precedents that allow the government to violate Article 26 and other human rights provisions of the Ugandan Constitution, where affected landowners are forced to accept low, unfair, and inadequate compensation, and courts deny people fair hearings, any Ugandan could suffer the same fate,” he warned.

Despite facing legal battles, evictions, and disruptions to their livelihoods, these individuals remain resolute in their pursuit of a just resolution to their grievances.

Source: The Observer.

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Oil activities in Murchison Falls National Park threaten Wildlife Conservation – AFIEGO study reveals.

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By Witness Radio team.

A study conducted by the Africa Institute for Energy Governance (AFIEGO) and its partners has revealed that oil development activities are threatening the existence of Wildlife conservation at Murchison Falls National Park (MFNP).

Uganda has 10 National Parks including Queen Elizabeth, Lake Mburo, Murchison Falls, Kidepo Valley, Kibale, Mount Elgon, Rwenzori Mountains, Semuliki, Mgahinga Gorilla, and Bwindi Impenetrable National Parks and are managed by Uganda Wildlife Authority, (UWA).

Murchison Falls National Park, one of the oldest and most visited national parks in Uganda, is highly attractive to tourists due to its rich biodiversity. According to the Ministry of Wildlife, Tourism, and Antiquities’ 2024 report, Murchison Falls National Park received the highest number of tourists among all the national parks in Uganda between 2019 and 2023.

Data from Ministry of Tourism shows that in 2023, the Murchison park received 141,335 visitors which is equivalent to 36.4% of the 387,914 tourists that visited Uganda’s ten national parks.

The 24-page document titled Murchison Falls National Park is dying: How oil activities, climate change, and poaching are negatively reshaping the Park’ reveals that the Tilenga oil project infrastructural development presents immense risks to Murchison Falls National Park.

The Tilenga Oil project, part of the East African Crude Oil Pipeline (EACOP) is operated by Total Energies E&P (U) B.V. According to the EACOP website, EACOP is being constructed in parallel with two upstream development projects known as Tilenga and Kingfisher respectively.

Between February and June 2024, AFIEGO and partners conducted research to assess the progress of the development of the Tilenga oil project infrastructure and to examine the impact of this infrastructure on biodiversity.

In Murchison Falls National Park, oil sector infrastructure such as drilling rigs, well pads, flowlines, pipelines, roads, and others are being developed to enable commercial oil production by TotalEnergies under the Tilenga oil project.

Findings reveal that there has been progress in developing oil sector infrastructure in park assessed through satellite images. According to the study analysis of May 2024, satellite imagery shows rapid development of the tens of well pads and clearing for roads and the pipeline network inside the park.

The progress in oil development has had chilling effects on humans and biodiversity. Findings from the study expressed growing concern and fear towards light pollution, increased poaching risks, and increased motorization. Elephants are invading different areas of residence because of vibrations from the oil rig.

Among the impacts seen is the escape of wild animals from the park and the killing of people neighboring it. The study reveals that between 2023 and April 2024 in Buliisa district, five people have been killed by elephants. Oil host communities that live around the Park reported that elephants are moving from the Park and are invading communities destroying croplands and killing people.

According to experts in the study, the elephants could feel the vibrations from the drilling rig in their feet which causes them to move away from the Park and into communities.

The study also noted that the Tilenga oil project drilling rig is responsible for increasing light pollution in the Park and the surrounding communities. The light from the rig can be seen at long distances up to 13.9km away. Concerns were raised by this research’s respondents, who observed that the feeding and other patterns of nocturnal and light-sensitive wildlife could be negatively impacted by the rig’s light pollution. Such wildlife includes leopards, lions, birds, and others. These could migrate from the Park, or suffer worse impacts such as death.

Away from the above, the study observed that the paved roads that have been constructed in Park to support the Tilenga oil project activities have opened it up to more motorised traffic exposing wildlife to poaching, accidents as well as noise and air pollution.

Furthermore, Well-pads are located an estimated 950 and 750 metres respectively from the Murchison Falls-Albert Delta Ramsar Site in Park which is an Important Birding Area and important spawning ground for the Lake Albert fisheries.

“The development of good pads near the Ramsar site has been implicated in risking the conservation of aquatic biodiversity such as water birds especially the vulnerable Shoebill, fishes, and mammals like the hippopotamus” the study mentioned.

Additionally, the development of well pads and other oil sector infrastructure were also implicated in increasing the human population in Park. “The presence of human beings has been shown to lead to avoidance by wildlife, especially larger mammalian predators, of areas where human beings are. Wildlife such as the Uganda Kob was said to be slowly acclimatizing to the human presence and can be found near oil sector workers”. The study revealed.

Also, it pins oil activities in the Northern sector of the Park where the rig that will drill the Jobiri wells is located, the Northern side is characterized by savanna vegetation hosting more wildlife than the Southern sector, endangering the conservation of the savanna grasslands. According to experts in the study, predators such as lions, hyenas, leopards, and others also prefer to live in the Northern sector of the Park where they can easily access prey among others.

This study was released barely a few weeks after a group of 828 civil society organizations (CSOs) led by Afiego, oil host communities, fisherfolk, small-scale farmers as well as tour and travel operators, and other individuals from Uganda and the Democratic Republic of Congo (DRC) petitioned President Yoweri Kaguta Museveni to stop the ongoing TotalEnergies’ oil drilling in Murchison Falls National Park and its planned deployment of a second oil rig in the Park.

The petition followed reports that Total Energies E&P (U) B.V. was sweet-talking the President to allow them to deploy the second rig in the Park following the Petroleum Authority of Uganda’s (PAU) refusal, to allow them to deploy another oil rig in the Park over biodiversity conservation concerns.

As Total looks to add more oil rigs escalating the impacts, the recent study reveals that its current infrastructural projects—including oil rigs, well pads, pipelines, and roads—continue to cause negative impacts on biodiversity conservation in the Park.

In a bid to strengthen biodiversity conservation, the research study recommends that TotalEnergies and the Ugandan government stop all oil exploitation activities in the Park and calls for the intervention of the United Nations (UN), Ramsar secretariat, and UNESCO World Heritage Committee to engage the Ugandan government to stop the oil activities in Park.

Furthermore, the Ugandan government and development partners called upon to support the Uganda Wildlife Authority (UWA) in addressing risks such as climate change, poaching, and human-wildlife conflicts that are endangering the conservation of vital wildlife that supports the multi-billion tourism and other industries in Uganda.

The Uganda Wildlife Authority refused to comment on the study findings. The spokesperson of the Authority Mr. Bashir Hangi in an interview with Witness Radio said he was unable to comment on its contents.

“We haven’t read the detailed report and cannot comment on its contents. Allow us to read the report,” he wrote in a WhatsApp text message to Witness Radio.

Dr. Patricia Litho Kevin, the Assistant Commissioner for Communication in the Ministry of Energy and Mineral Development, acknowledged that there are potential risks associated with oil exploration and production, a reason why they established robust regulations, monitoring mechanisms, and contingency plans to prevent and respond to any environmental incidents.

She adds that the Government of Uganda is committed to ensuring that the oil projects are executed in an environmentally sustainable and responsible manner because it also understands the importance of preserving the natural heritage and biodiversity.

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A Financial gap: Can China be stopped from financing the EACOP?

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By Witness Radio and Südnordfunk team.

The East African Crude Oil Pipeline (EACOP) faces a financial hole. Numerous Western banks and insurers have already bailed out – meanwhile, the pipeline construction is in full swing. The shareholders seem confident that they will be able to finance the project. And Chinese banks, in particular, are coming into play.

Witness Radio’s Partner, Südnordfunk, a community radio in Germany, speaks to Zaki Mamdoo of the StopEACOP Movement and Ryan Brightwell of BankTrack about the reasons for the delay and the question of how China can be stopped from funding this disastrous project during the -Project is no longer attractive. China intends to close EACOP’s financial gap program.

The program was first broadcast in Germany, and Witness Radio is bringing you the same program in the English version.

Südnordfunk is partnering with Witness Radio to shed light on the different ways the construction of the EACOP pipeline is and will be affecting people, the resettlement programs, evictions, the socio-ecological consequences, and the entanglements of European politics.

Tune in. In case you missed both live programs (English and German broadcasts).

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NEMA suspend operations to evict the World Bank project-affected community and other residents accused of being located in wetlands.

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By Witness Radio team

The National Environment Management Authority (NEMA) has halted all evictions in the Kawaala Zone II and Nabweru villages until community petitions protesting against the evictions are heard. Witness Radio has learned.

This decision to halt the evictions followed several petitions by hundreds of residents affected by the Lubigi wetland restoration exercise. In June, the residents from the two villages petitioned NEMA, seeking a review of the eviction orders issued by evictors and compensation for those whose properties got demolished.

Some of the petitioners are waiting to receive compensation after signing a remedy agreement from a mediation process facilitated by the World Bank’s Dispute Resolution Services (DRS).

In one of their petitions, the World Bank project affected community accused NEMA of hiding behind the Lubigi restoration exercise to deny them compensation for their land which was earmarked for Lubigi drainage expansion, that they had been waiting for over a year.

Since June 2024, many residents in Kawaala Zone II, Nansana, Nabweru, and other villages have forcefully been evicted from their land, while others have faced eviction threats from NEMA claiming these residents encroached on Lubigi wetland.

However, victims have contested NEMA claims, asserting that they have not infringed on wetlands. Some residents claim to have land ownership titles issued by the government of Uganda, while others are tenants of the Buganda Land Board from whom they have been paying ground rent. It is on these grounds that they petitioned the NEMA.

Addressing the affected residents, their lawyers, and village leaders at NEMA offices in Kampala, Dr. Akankwasah Barirenga, the Executive Director of NEMA, confirmed that NEMA was in receipt of several partitions and stated that the authority will hear all communities’ petitions. He further emphasized that no one should be evicted or disturbed from their land until all petitions are heard.

According to NEMA, it has received 137 petitions, and a final decision on whether to evict or not will be made upon completion of hearings.

“No one is going to evict you from your homes before the completion of the hearing of your petitions. After hearing these petitions, you will be informed of the decisions. If it is established that the petitions have substance, the tribunal will decide based on what has been heard,” Dr. Akankwasah revealed

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