Connect with us

WITNESS RADIO MILESTONES

Supreme Court rules that World Bank Group can be sued in US Courts in historic decision

Published

on

WASHINGTON, DC — In a historic decision, today the United States Supreme Court decided 7-1 to overturn the International Finance Corporation (IFC)’s claim to absolute immunity from lawsuits. Under the Jam v. IFC decision, international organizations like the IFC and the World Bank can now be sued in US courts, including in relation to their commercial activities.
Previously, international organizations like the World Bank Group and its private lending arm, the IFC, had enjoyed absolute immunity, meaning that they could not be sued in US courts under any circumstances. Foreign governments have only limited immunity in the US, so today’s decision aligns international organizations’ immunity with that of foreign governments.
“For far too long, the World Bank Group has considered itself exempt from any form of litigation,” says Carla García Zendejas, Senior Attorney at the Center for International Environmental Law (CIEL), which submitted an amicus brief to the Supreme Court opposing absolute immunity. “Today’s decision is a win for communities everywhere who face tremendous obstacles seeking accountability for development projects that harm their environment, livelihoods, and rights.”
In Jam v. IFC, Indian fishing communities and farmers, represented by EarthRights International, sued the IFC in an effort to hold the institution accountable for harms resulting from the Tata Mundra Ultra Mega coal-fired power plant in Gujarat, India, which received an IFC loan in 2008. Affected communities originally sought redress through the IFC’s independent accountability mechanism, the Compliance Advisor/Ombudsman (CAO), alleging that the IFC caused the loss of their livelihoods and property and threats to their health. While the CAO found a number of counts of non-compliance, the IFC largely dismissed their findings.
To pursue adequate remedy, the communities filed suit in federal court in Washington, DC. The IFC has long claimed absolute immunity as an international organization, and lower courts have upheld the interpretation that the statutes grant the IFC greater immunity than foreign governments. With the Supreme Court’s decision, the case will now return to lower courts for litigation, in which plaintiffs will still need to show that their injury is based on commercial activity within the United States.
“While the Supreme Court ruled against the IFC, development finance institutions should view this as a win. Achieving their mission of alleviating extreme poverty and improving people’s lives doesn’t just mean investing in projects; it also means having strong and effective ways for communities to obtain remedy when things go wrong,” says García Zendejas.
“History has repeatedly shown that development finance institutions’ own internal accountability mechanisms are essential, but not enough. Today’s decision in Jam v. IFC gives communities a vital new legal avenue to hold them accountable,” says García Zendejas. “Just as importantly, it provides an incentive for these institutions to work harder to prevent harms in the first place. We hope that this decision serves as a wake-up call for the IFC and other development finance institutions to take a hard look at ensuring that their projects truly benefit communities and properly assess any risks — before those projects are even approved.”
Contact:
Amanda Kistler, Communications Director: akistler@ciel.org, 202.742.5832
Notes to Editors:
Link to EarthRights International press release: https://earthrights.org/media/historic-supreme-court-win-world-bank-group-is-not-above-the-law/

Bloomberg | 27 February 2019

US Supreme Court Rules Against World Bank Arm on Immunity

By Greg Stohr

– International Finance Corp. sought to end power plant suit
– Immunity doesn’t protect commercial activities, court says

The U.S. Supreme Court opened some American-based international organizations to lawsuits, ruling that a World Bank affiliate must defend against allegations it is responsible for environmental damage caused by a power plant in India.

Voting 7-1 on Wednesday, the court said sovereign immunity doesn’t protect those international organizations in the U.S. when they are involved in commercial activities.

The suit accuses the International Finance Corp., the World Bank’s private-sector lending arm, of inadequately supervising the plant’s construction after providing a $450 million loan. Those suing the IFC include local farmers and fishermen.

The decision could mean new legal liability for the IFC and other multilateral development banks. The ruling doesn’t affect the International Monetary Fund or the United Nations itself, both of which have complete immunity from suit under the terms of their charters.

A 1945 federal law says international organizations are entitled to the “same immunity” as foreign countries. The central question for the court was how that provision was affected by a 1976 law that said foreign governments don’t get immunity when they are involved in commercial dealings. The 1976 measure didn’t mention international organizations.

Writing for the court, Chief Justice John Roberts said the 1976 law also changed the immunity possessed by international organizations.

The 1945 law “should therefore be understood to link the law of international organization immunity to the law of foreign sovereign immunity, so that the one develops in tandem with the other,” Roberts wrote. He said the standard set by the 1976 law “hardly means unlimited exposure to suit for international organizations.”

Justice Stephen Breyer dissented, and Justice Brett Kavanaugh did not participate in the case.

The case is Jam v. International Finance Corp., 17-1011.

Original source: CIEL

MEDIA FOR CHANGE NETWORK

Young activists fight to be heard as officials push forward on devastating project: ‘It is corporate greed’

Published

on

“We refuse to inherit a damaged planet and devastated communities.”

Youth climate activists in Uganda protesting the East African Crude Oil Pipeline, or EACOP, are frustrated with the government’s response to their demonstration as the years-long project moves forward.

According to the country’s Daily Monitor, youth activists organized with End Fossil Occupy Uganda took to the streets of Kampala in early August to protest EACOP. The pipeline, under construction since about 2017 and now 62 percent complete, is set to transport crude oil from Uganda’s Tilenga and Kingfisher fields through Tanzania to the Indian Ocean port of Tanga by 2026.

Activists noted the devastating toll, with group spokesperson Felix Musinguzi saying that already around 13,000 people “have lost their land with unfair compensation” and estimating that around 90,000 more in Uganda and Tanzania could be affected. End Fossil Occupy Uganda has also warned of risks to vital water sources, including Lake Victoria, which it says 40 million people rely on.

The group has been calling on financial institutions to withdraw funding for the project. Following a demonstration at Stanbic Bank earlier in the month, 12 activists were arrested, according to the Daily Monitor.

Some protesters were seen holding signs reading “Every loan to big oil is a debt to our children” and “It’s not economic development; it is corporate greed.”

Meanwhile, the regional newspaper says the government has described the activist efforts as driven by foreign actors who mean to subvert economic progress.

EACOP’s site notes that its shareholders include French multinational TotalEnergies — owning 62 percent of the company’s shares — Uganda National Oil Company, Tanzania Petroleum Development Corporation, and China National Offshore Oil Corporation.

The wave of young people taking action against EACOP could be seen as a sign of growing public frustration over infrastructural projects that promise economic gain while bringing harm to local communities and ecosystems. Activists say residents face costly threats from pipeline development, such as forced displacement and the loss of livelihoods.

Environmental hazards to Lake Victoria could also disrupt water supplies and food systems, bringing the potential for both financial and health impacts. Just 10 years ago, an oil spill in Kenya caused a humanitarian crisis. The Kenya Pipeline Company reportedly attributed the spill to pipeline corrosion, which led to contamination of the Thange River and severe illness.

The EACOP project has already locked the region into close to a decade of development, and concerns about the pipeline and continued investments in carbon-intensive systems go back just as long. Youth activists, as well as concerned citizens of all ages, say efforts to move toward climate resilience can’t wait. “As young people, we refuse to inherit a damaged planet and devastated communities,” Musinguzi said, per the Monitor.

Source: The Cool Down

Continue Reading

WITNESS RADIO MILESTONES

Why matooke farming is losing ground in Bukedi

Published

on

On a humid morning in Namusango Village, Kamonkoli South Ward, Kamonkoli Town Council in Budaka District, 58-year-old farmer James Kainja walks at the edge of what used to be his flourishing matooke garden.  For generations, the green banana plant—matooke—stood tall in Uganda’s farmlands, its broad leaves swaying in the wind and its heavy bunches promising a warm, hearty meal. But in Bukedi Sub-region today, that story is fading. Between the tired banana stools, spear grass has taken over. A few bunches hang small and low quality. “We used to harvest every week,” Mr Kainja says, dusting his palms.

“Now, it is once in a while and the money is not worth the struggle,” he adds. Across Bukedi, particularly in Pallisa, Budaka, Butebo, and Kibuku, the banana plants are shrinking back, replaced by maize, cassava, rice, and other faster-growing crops.  The sub-region that once sent truckloads of matooke to nearby districts now measures its banana harvest in small piles under tarpaulin. Where the green canopy of banana leaves once dominated, the landscape has changed. For many farmers, the decision is not about abandoning tradition but about survival.

Matooke as culture

In many Bukedi households, matooke still holds cultural value, especially during weddings, funerals, and community gatherings.  But with fewer plantations, sourcing enough bunches has become harder and more expensive. Matooke is now imported into Bukedi from Mbale and Mbarara. Mr Abubakar Nanghejje, an elder in Kibuku, warns: “If this trend continues, our children may only know matooke from stories. We are losing more than a crop—we are losing a piece of who we are.”

He adds that matooke, once abundant, is now a luxury: “People only access matooke during ceremonies because the cost of a bunch has turned expensive,” he explains. Within Kibuku Town Council, women sell matooke in pieces: three or four fingers for Shs1,000, while a complete bunch costs between Shs30,000 and Shs35,000. This contrasts sharply with central and western Uganda, where matooke is more than a crop—it is an identity, a culture, and a livelihood.  Yet across the country, banana plantations are thinning out, replaced by maize, beans, or simply abandoned.

Farmers’ voices

Mr Peter Mwigala, a 73-year-old farmer from Bubulanga Village, recalls with nostalgia: “I grew matooke for 30 years. But now my plantation is less than half what it used to be. The pests are too many, the prices are too low, and the rains are no longer reliable.” His story echoes across villages, evidence of a slow, steady decline in matooke production.  This decline has unfolded over two to three decades, rather than as a sudden collapse. Agricultural researchers point to several reasons. Among them, banana bacterial wilt (BBW), banana weevils, and nematodes that have devastated plantations in major banana-growing areas. These pests cause premature ripening, rotting, and eventual uprooting of infected plants.

 “When wilt enters your plantation, you can lose everything in one season,” says Mr Abner Botiri, an agriculture officer in Budaka. He further explains that erratic rainfall and prolonged dry spells also take a toll.  Matooke thrives in consistent moisture, but under drought stress it yields smaller bunches.  Repeated losses have led some farmers to abandon the crop entirely. Continuous cultivation without soil management has also depleted many banana-growing soils. Beyond agronomic challenges, the economics of matooke farming have shifted dramatically.  Local market prices fluctuate widely depending on supply, while transport costs have risen sharply.

Mr John Gwanyi, a 71-year-old farmer, recalls: “In the 1980s and 1990s, matooke farmers could educate children through primary, secondary, and tertiary levels, and still cover basic needs. Today, a whole plantation might not pay for one term’s school fees.” Urbanisation has worsened the trend. Younger generations moving to towns now eat rice, spaghetti, and bread more frequently.

The once sacred matooke meal is no longer the undisputed centrepiece of Ugandan dining tables. Meanwhile, land fragmentation leaves families with smaller plots, unable to sustain large banana plantations.  In some areas, higher-value or quicker-return crops like coffee, passion fruit, or maize dominate.  As one agricultural economist notes: “A bunch of matooke takes nine months to mature, but maize can be ready in three months. For cash-strapped farmers, that difference matters.

Government interventions

Government and research institutions have made several attempts to address the situation.  The National Agricultural Research Organisation (NARO) has introduced resistant banana varieties and promoted good agronomic practices. NGOs are training farmers in mulching, proper spacing, and integrated pest management. Still, the decline carries a cultural weight. In Buganda, for instance, matooke is central to marriage ceremonies, community gatherings, and daily life.

“When you serve matooke at a function, it shows respect,” explains Mr Badiru Kirya, a cultural leader in Obwa Ikumbania bwa Bugwere. Yet, Mr Kirya attributes part of the decline to newer banana varieties introduced by research agencies. “The old varieties planted by our grandparents could withstand weather changes better. These new varieties are weaker against climate volatility,” he says. He also notes that soil infertility and population pressure have accelerated the decline, as families squeeze more onto smaller pieces of land.

National standing

Uganda remains one of the world’s largest banana consumers, with per capita consumption estimated at 250–300 kg annually in some regions. Yet, national banana production has generally declined. According to the Uganda Bureau of Statistics (UBOS) 2024 census, only 27.1 percent of households participate in banana cultivation.  Dr Sadik Kassim, the NARO deputy director general in-charge of agricultural promotion, highlights several factors. “Soil fertility has gone low, while pests and disease build-up have grossly affected matooke gardens. Erratic rainfall and climate change further reduce yields.

Poor agricultural practices have made the decline worse,” he says. However, Dr Kassim dismisses the claim that new technologies are to blame. Similarly, Dr Rabooni Tumuhimbise, the director of research at Rwebitaba Zonal Agricultural Research and Development Institute, said: “As of now, I am not aware that Bukedi has registered a decline in banana production. This needs verification before conclusions.” But farmers and local leaders insist the reality is clear: matooke is disappearing from Bukedi. Mr Arthur Wako Mboizi, a seasoned politician and opinion leader, argues: “Bukedi has drastically registered a total decline in banana production due to various factors, including soil infertility, diseases, and erratic rainfall.”

Efforts are underway to add value. Under the Presidential Initiative on Banana, NARO and Kilimo Trust have developed matooke-based products such as flour, bread, and cakes. More than 13 million Ugandans consume bananas as their staple, and 75 percent of farmers grow them, contributing nearly $440 million annually to the economy. Yet, for Bukedi, the reality is sobering. The once proud producer of matooke is a shadow of its former self. As Mr Nanghejje, the Kibuku elder, put it: “We are losing more than a crop. We are losing a piece of who we are.”

Background 

In 2024, national banana production was estimated at 6 million tonnes annually, 70 percent of which was consumed at household level and 30 percent sold.

The Banana Merchandise Trade Statistics Bulletin (2024) shows export earnings rose from $2.1 million in June 2023 to $2.4 million in June 2024. Still, yields remain below potential—currently 5–30 tonnes per hectare compared to an attainable 60–70 tonnes.  Uganda’s banana losses to wilt disease are massive, with officials estimating a 71.4 percent loss of potential harvest annually, worth nearly $300 million.

Source: Monitor

Continue Reading

MEDIA FOR CHANGE NETWORK

Cases against anti-EACOP activism are skyrocketing in Uganda. Witness Radio has documented close to 60 cases in the last eight months.

Published

on

By the dedicated efforts of the Witness Radio team.

The Witness Radio team has documented nearly 60 cases of arrest, detention, and prosecution targeting activists protesting the East African Crude Oil Pipeline (EACOP) since January 2025.

The $5 billion EACOP project, led by TotalEnergies and its partners, involves the construction of a 1,444km heated pipeline from Hoima in Uganda to Tanga in Tanzania. This pipeline, which will transport crude oil from the Tilenga and Kingfisher fields, has been a subject of controversy due to its potential environmental and social impacts.

As activism against the EACOP Project grows in Uganda, youth activists leading the cause face strong resistance from the government and its agents, who are pushing for the development of oil activities, including EACOP. Their bravery in the face of such adversity is truly inspiring.

The activists have continuously been suppressed and weakened with torture, unlawful arrests, and prolonged detentions accompanied by unscrupulous charges. The injustice they face is a call for empathy from all who hear their story.

The latest incident happened on Friday, August 1, 2025, when the police brutally arrested 12 environmental activists at Stanbic Bank Headquarters in Kampala. The urgency of the situation is apparent, as the activists were protesting against the bank’s financing of the EACOP project.

On March 26, 2025, EACOP Ltd., the company in charge of the construction and future operation of the EACOP project, announced new project financing from regional banks such as Stanbic Bank Uganda Limited, KCB Bank Uganda, African Export-Import Bank (Afreximbank), the Standard Bank of South Africa Limited, and the Islamic Corporation for the Development of the Private Sector (ICD). The announcement sparked widespread alarm and outcry, with activists urging the banks to immediately withdraw their support and halt the financing of the project.

These activists, individuals from Civil Society Organisations (CSOs) and environmental enthusiasts, strongly oppose the implementation of the EACOP project. They cite its harmful effects, including the displacement of thousands of people, damage to sensitive ecosystems, a threat to water resources, and exacerbating climate change mainly through carbon emissions. They argue that the short-term economic benefits do not justify these long-term consequences.

In doing their work, they have ended up in the hands of the authorities with numerous charges slapped against them. The latest remandees include Teopista Nakyambade, Shammy Nalwadda, Dorothy Asio, Shafik Kalyango, Habibu Nalungu, Noah Kafiiti, Ismael Zziwa, Ivan Wamboga, Akram Katende, Baker Tamale, Keisha Ali, and Mark Makobe.

On the same day of their arrest, the victims were arraigned before the Buganda Road Chief Magistrate Winnie Nankya, who charged them with common nuisance. She later remanded them to Luzira prison until August 18, 2025.

Section 160 of the Penal Code Act, Cap 120 states that a person convicted of common nuisance faces a one-year imprisonment.

In response, the Stanbic Bank manager for corporate communications, Mr. Kenneth Agutamba, confirmed that the bank is financing the EACOP project, justifying that it aligns with and balances environmental sustainability and economic development in the country.

Ever since this year started, Witness Radio has documented 56 cases of arrests and illegal detentions of EACOP activists, with most of them being charged with common nuisance. Below is a chronology of these incidents as they happened.

 

Date Incident Charge
26th Feb. 2025 11 activists were arrested while marching to the European Union offices deliver a petition concerning TotalEnergies’ involvement in harmful fossil fuels in Uganda. Common nuisance
19th Mar. 2025 4 activists were arrested while marching to the Parliament of Uganda to deliver a petition to the speaker, Anita Annet Among, in protest of the ongoing construction of the EACOP Project. Common nuisance
2nd April, 2025 9 activists were arrested while marching to Stanbic bank offices. Common nuisance
23rd of April, 2025 A group of 11 activists were arrested as peacefully went to deliver a petition to KCB Uganda offices challenging its will to fund the EACOP project. Criminal trespass.
21 May 2025 9 activists arrested while protesting KCB financing of the EACOP Common nuisance.
1 Aug. 2025. 12 activists arrested for protesting the Stanbic bank funding. common nuisance

 

According to Witness Radio’s special report, “Activism on Trial: Despite the increasing repressive measures, Uganda’s EACOP Protesters are achieving unexpected victories in the country’s justice systems,” released last month, a case review revealed that while Uganda’s justice system is being used to suppress the activities of youth activists opposing the EACOP project, many of these cases have lacked merit and were ultimately dismissed.

The report found that none of the activists had been convicted, though they continue to face prolonged court processes marked by repeated adjournments. “Of a sample of 20 documented cases since 2022 involving the arrest of over 180 activists, 9 case files have either been dismissed by the courts or closed by the police due to lack of prosecution, another signal indicating the relevance and legitimacy of their work, while 11 cases remain ongoing,” the report noted.

Continue Reading

Resource Center

Legal Framework

READ BY CATEGORY

Facebook

Newsletter

Subscribe to Witness Radio's newsletter



Trending

Subscribe to Witness Radio's newsletter