By Witness Radio team

The East African Court of Justice (EACJ) has dismissed a case challenging the construction of the East African Crude Oil Pipeline (EACOP) filed by four East African NGOs in 2020 against Total Energies, China National Offshore Oil Corporation (CNOOC), and governments of both Uganda and Tanzania.

In its ruling today, the 29th of November, 2023, the EACJ relied on the preliminary objection raised by the Tanzanian and Ugandan governments regarding the timeframe within which the petition was filed at the EACJ.

The EACJ ruled that the applicants filed the petition out of time, thus saying that the petitioners should have filed the petition as early as 2017, instead of 2020.

“As a result, the court does not have jurisdiction to hear the matter”, said the judges in their unanimous decision.

On 6th November 2020, Natural Justice, Africa Institute for Energy Governance (AFIEGO), Centre for Strategic Litigation and the Centre for Food and Adequate Living Rights (CEFROHT) Limited filed a petition against the governments of Uganda and Tanzania and the Secretary General of the East African Community (EAC) challenging the construction of the EACOP project.

The Applicants’ petition rested on the assertion that the EACOP project violates multiple provisions of the Treaty of the Establishment of East African Community. The project further violates the Protocol for the Sustainable Management of the Lake Victoria Basin, the African Charter on Human and People’s Rights, the African Convention on Conservation of Natural Resources, the post–2020 Convention on Biological Diversity, and the Paris Climate Accords.

Furthermore, the Applicants argued that the entities backing the EACOP project, such as Total Energies, Chinese National Offshore Oil Corporation, and the Governments of Uganda and Tanzania, failed to carry out thorough and meaningful public engagement and consultation processes. Additionally, they contend that they did not conduct comprehensive assessments on both human rights and climate impacts before initiating the EACOP project.

The EACOP connects the Tilenga and Kingfisher oilfields in western Uganda with the port of Tanga in eastern Tanzania. Upon completion, the project will be the longest heated crude oil pipeline in the entire world. The $5 billion EACOP project will cover a distance of 1,443 kilometers.

The applicants further contend that pivotal facts necessary for presenting the merits of the petition before the EACJ were disregarded in the judgment, therefore, they intend to file an appeal.

After receiving the ruling, Lucien Limacher, Head of Defending Rights and Litigation at Natural Justice, said that the Court of First Instance for the East African Court of Justice failed to provide civil society with the chance to argue their case.

He adds, “This judgment marks a continuation of how the global north and various government institutions in Africa, are blind to the destruction of the environment and the impact oil and gas have on the climate. Profits are valued above livelihoods and the environment. We will evaluate the judgment in detail and make the necessary actions to ensure we continue to protect the environment and the people who live in it”.

The Chief Executive Officer of AFIEGO, Mr. Dickens Kamugisha, expressed that it was a disappointing day for millions of East Africans who had hoped the court would consider evidence related to the environmental, social, and economic risks of the EACOP project and decide based on the case’s merits.

Mugisha adds that, despite the setback faced, the applicants remain determined and are prepared to appeal this unjust ruling, firmly believing that the dangers posed by EACOP can and will be stopped.

By Witness Radio team

The East African Court of Justice (EACJ) is delivering a ruling on the preliminary objections raised by Tanzania’s solicitor general regarding the court’s jurisdiction to hear a case filed against the East Africa Crude Oil Pipeline (EACOP) project today, the 29th of November 2023.

According to the ruling notice seen by Witness Radio, the regional Court will deliver the ruling at 9:30 East Africa Standard Time.

The Court consists of Honorable Mr. Justice Yohane Bokobora Masara Principal Judge, Honorable Justice Dr. Charles Nyawello Deputy Principal Judge, Honorable Mr. Justice Richard Muhumuza, Honorable Mr. Justice Richard Wejuli, and Honorable Justice Dr. Gacuko Leonard.

On 6th November 2020, four East African Non-Government Organizations (NGOs) including; Natural Justice, Africa Institute for Energy Governance (AFIEGO), the Centre for Strategic Litigation, and the Centre for Food and Adequate Living Rights (CEFROHT) Limited filed a petition against the governments of Uganda and Tanzania and the Secretary General of the East African Community (EAC) challenging the construction of the EACOP project.

The basis of the Applicants’ petition rests on the assertion that the EACOP project violates multiple provisions of the Treaty of the Establishment of East African Community. The project further violates the Protocol for the Sustainable Management of the Lake Victoria Basin, the African Charter on Human and People’s Rights, the African Convention on Conservation of Natural Resources, the post–2020 Convention on Biological Diversity, and the Paris Climate Accords.

Furthermore, the Applicants argue that the entities backing the EACOP project, such as Total Energies, China’s National Offshore Oil Corporation, and the Governments of Uganda and Tanzania, failed to carry out thorough and meaningful public engagement and consultation processes and additionally did not conduct comprehensive assessments of both the human rights and climate impacts before initiating the EACOP project.

After numerous hearings of the case at the EACJ, in March 2022, Mr. Gabriel Malata, the Solicitor General of the United Republic of Tanzania, raised several preliminary objections, which include his argument that the EACJ has no jurisdiction to hear both the main case and the application for temporary injunction filed by the NGOs.

In its upcoming ruling, the EACJ will delve into three pivotal preliminary issues concerning the involved parties in the case. These issues include determining whether the case pertains to interpreting the EAC Treaty, whether the case was filed within the stipulated timeframe, and whether the organizations’ pleadings were appropriately verified in adherence to the EACJ Rules of Procedure, among other aspects.

The East Africa Crude Oil Pipeline (EACOP) connects the Tilenga and Kingfisher oilfields in western Uganda with the port of Tanga in eastern Tanzania will be the longest heated crude oil pipeline in the world and crosses through 10 districts in Uganda and 25 districts in Tanzania.

Uganda’s President, Mr. Yoweri Museveni Tibuhaburwa, has often celebrated the oil projects calling a success. He firmly believes that the oil discovery represents a significant catalyst for economic development and will bring benefits to the local communities, but the current reality is a reverse to his statements.

Instead, the EACOP project has triggered significant concerns among communities and civil society groups due to its detrimental impacts on thousands of individuals in Uganda and Tanzania. The most affected have been the Project Affected Persons (PAPs) and human rights activists who stand against the project. Reports have highlighted cases of land grabbing, the displacement of host communities, inadequate compensation, and the troubling trend of harassing and arresting community leaders and rights activists.

On the 14th of September 2022, the European Union Parliament passed an advisory resolution to suspend the oil pipeline for a year citing disastrous human and environmental rights violations associated with the project.

The resolutions put forth by the European Parliament legislators echo the distressing issues raised by affected communities regarding the oil pipeline project.

By Witness Radio team.

The East African Court of Justice has set Wednesday the 29th of November, 2023 to deliver a ruling on a petition challenging the construction of the East Africa Crude Oil Pipeline (EACOP) Project filed by four East African Non-governmental Organizations.

The Court consists of Honorable Mr. Justice Yohane Bokobora Masara Principal Judge, Honorable Justice Dr. Charles Nyawello Deputy Principal Judge, Honorable Mr. Justice Richard Muhumuza, Honorable Mr. Justice Richard Wejuli, and Honorable Justice Dr. Gacuko Leonard.

According to the ruling notice seen by Witness Radio, the regional Court will deliver the ruling at 9:30 East Africa Standard Time, the 29^th of November 2023.

On 6 November 2020, Natural Justice, Africa Institute for Energy Governance (AFIEGO), Centre for Strategic Litigation and the Centre for Food and Adequate Living Rights (CEFROHT) Limited filed a petition against the governments of Uganda and Tanzania and the Secretary General of the East African Community (EAC) challenging the construction of the EACOP project. 

The basis of the Applicants’ petition rests on the assertion that the EACOP project violates multiple provisions of the Treaty of the Establishment of East African Community. The project further violates the Protocol for the Sustainable Management of the Lake Victoria Basin, the African Charter on Human and People’s Rights, the African Convention on Conservation of Natural Resources, the post–2020 Convention on Biological Diversity, and the Paris Climate Accords.

Furthermore, the Applicants argue that the entities backing the EACOP project, such as Total Energies, China’s National Offshore Oil Corporation, and the Governments of Uganda and Tanzania, failed to carry out thorough and meaningful public engagement and consultation processes and additionally did not conduct comprehensive assessments of both the human rights and climate impacts before initiating the EACOP project.

In 2006, Uganda discovered commercially viable oil reserves in the Albertine Graben region, specifically in the Lake Albert area near Hoima district.

With the cooperation and support of its neighbor, Tanzania, the two governments approved in March 2023 the construction of the $5 billion EACOP project, which is planned to cover a distance of 1,443 kilometers.

The East Africa Crude Oil Pipeline (EACOP) connects the Tilenga and Kingfisher oilfields in western Uganda with the port of Tanga in eastern Tanzania, when completed, the project will be the longest heated crude oil pipeline in the world crossing through 10 districts in Uganda, and 25 districts in Tanzania.

Uganda’s President, Mr. Yoweri Museveni Tibuhaburwa, has often celebrated the oil projects calling a success. He firmly believes that the oil discovery represents a significant catalyst for economic development and will bring benefits to the local communities, but the current reality is a reverse to his statements.

The EACOP project has triggered significant concerns among communities and civil society groups due to its detrimental impacts on thousands of individuals in Uganda and Tanzania. The most affected have been the Project Affected Persons (PAPs) and human rights activists who stand against the project. Reports have highlighted cases of land grabbing, the displacement of host communities, inadequate compensation, and the troubling trend of harassing and arresting community leaders and rights activists.

It should be remembered that on the 14th of September 2022, the European Union Parliament passed an advisory resolution to suspend the oil pipeline for a year citing disastrous human and environmental rights violations associated with the project.

The resolutions put forth by the European Parliament legislators echo the distressing issues raised by affected communities regarding the oil pipeline project.

In response to the violation of human rights, conventions, and treaties, Civil Societies including Natural Justice, AFIEGO, Centre for Strategic Litigation, and CEFROHT took the pivotal step of approaching the East African Court of Justice to challenge the construction of the EACOP project.