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Opinion: USAID needs an independent accountability office to improve development outcomes

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A man inspects USAID-donated ventilators on their way to Indonesia in the fight against COVID-19. Photo by: Nalendro Photoworks / USAID

As always, and during this pandemic in particular, many are looking to the U.S. Agency for International Development for the U.S. response to global needs. Acting USAID Administrator John Barsa recently appeared before Congress to discuss foreign assistance priorities for the next fiscal year. He answered questions related to cuts for USAID in the administration’s proposed budget and USAID’s efforts to support the development of an effective COVID-19 vaccine.

What was not discussed — but should be a top priority — is a key outstanding congressional directive to USAID to strengthen accountability for its development activities. The congressional directive creates an opportunity for USAID, and for those concerned with whether USAID’s programs are meeting their objectives, to take overdue action to ensure that the agency understands whether taxpayer money has met its mark.

In response to reports of human rights abuses tied to USAID’s support of certain conservation projects, including allegations of torture and rape by ecoguards, Congress, in its explanatory statement for the fiscal year 2020 appropriations legislation, directed USAID to work with its implementers to prevent these abuses from reoccurring.

Further, Congress called on USAID to ensure that “effective grievance and redress mechanisms for victims of human rights violations and other misconduct exist.”

Public information on USAID’s response is not currently available, but as USAID sets its course for the fiscal year ahead, it should prioritize addressing this congressional directive. From our experience supporting communities impacted by development projects, we recommend that USAID create an agency-level independent accountability office to do so.

First created by the World Bank, accountability offices are community feedback tools that address complaints from project-impacted people by either conducting a compliance review to see if environmental and social policies were properly followed in the course of a project or convening a bespoke dispute resolution process between the communities, clients, and other parties.

Accountability offices are housed within the very institutions they hold accountable and are given sufficient independence from management to be credible.

The experiences of communities in Haiti forced from their farmland in 2011 to make way for the Caracol Industrial Park, a large industrial facility financed by USAID, the Inter-American Development Bank, and others, demonstrates the importance of accountability offices — and USAID’s current accountability gap. In addition to taking 250 hectares of the most fertile agricultural land in the area, the park has had negative environmental impacts, including significant pollution from the USAID-financed power plant within the park.

After trying to address their issues with the industrial park through various channels, the communities filed a complaint to IDB’s accountability office, also known as MICI, in 2017 to address harm related to IDB’s involvement in the project.

MICI facilitated a dialogue process between the communities, the Haitian government, and IDB, which resulted in a historic agreement to replace farmland and restore livelihoods.

Unfortunately, the affected communities have not had the same opportunity to address grievances with USAID, as it lacks an accountability office, and many of the environmental challenges posed by the industrial park and its associated facilities remain unresolved.

To be truly effective, USAID should ensure that its accountability office applies to all of its projects and not just its conservation work.

Although USAID’s conservation projects sparked congressional action, it is indisputable that negative impacts can result from other projects as well. Data from the Accountability Console, a comprehensive database of accountability office complaints, reveals that grievances can arise in a range of sectors, from infrastructure projects to education programs, and across financial instruments.

It would also be a mistake for USAID to respond to the directive by pushing its obligation down to implementing partners.

Although implementing partners could address certain discrete issues at the project level, the agency needs to know about — and have a hand in addressing — environmental and social non-compliance.

In addition to addressing grievances, institution-wide accountability offices provide lessons from cases to ensure that future projects are more sustainable. Plus, that decision would put USAID out of step with the U.S. International Development Finance Corporation, which has an accountability office — as did its predecessor, the Overseas Private Investment Corporation — as well as other bilateral aid agencies with accountability offices, like in France and Japan.

An independent accountability office would also be a fundamental component of USAID’s Journey to Self-Reliance strategy, as it would amplify the voice of the very people impacted by USAID’s projects.

Unaddressed grievances can undermine a project’s sustainability and lead to conflict, affecting a country’s ability to transition effectively from international aid. An accountability office would only further USAID’s existing commitment to seeing local solutions through “effectively, inclusively, and with accountability.”

The COVID-19 crisis has been a shock to the global system, with development institutions responding rapidly to address the health and economic impacts. USAID has a role to play in the response and should know whether its money meets its mark.

By creating an accountability office now, USAID can be well-positioned to ensure its projects — including those addressing the pandemic — avoid harm and achieve their intended impact.

Source: Devex

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The East Africa regional court dismisses a case challenging the construction of the EACOP project.

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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.

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East African Court of Justice is to decide whether it has jurisdiction to try the EACOP case filed by Four East African NGOs today.

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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.

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The East African Court of Justice fixes the ruling date for a petition challenging the EACOP project.

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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 29th 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.

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