By Witness Radio team.
The Appellate Division of the East African Court of Justice (EACJ) has instructed the four East African civil society organizations (CSOs), which lodged an appeal challenging the construction of the East African Crude Oil Pipeline (EACOP) project, to submit their written arguments by March 22, 2024. The appeal follows the dismissal of their case in 2023.
The appeal was heard by the following judges: Justice Nestor Kayobera, the President of the EACJ; Justice Anita Mugeni, the Vice President of the EACJ; Justice Kathurina M’Inoti; Justice Cheborion Barishaki; and Justice Omar Othman Makungu.
The organizations were represented by Counsels Justin Semuyaba, David Kabanda, John Baptist Okurut, and Veronica Nakityo, while the respondents were represented by Counsels Hangi M. Chang’a, Mark Mulwambo, and Stanley Kalokole from the Tanzanian team, as well as Counsels George Kalemera, Charity Nabasa, and Mark Muwonge from the Ugandan team. The EAC Secretary General was represented by Dr. Anthony Kafumbe, Counsel for the EAC.
The organizations, which include the Africa Institute for Energy Governance (AFIEGO)-Uganda, Center for Food and Adequate Living Rights (CEFROHT)-Uganda, Natural Justice (NJ)-Kenya, and Centre for Strategic Litigation (CSL)-Tanzania, filed a court case against the EACOP at the EACJ in November 2020.
In November 2020, the East African organizations asked the EACJ to issue temporary and permanent injunctions stopping the development of the EACOP.
The organizations argued that the EACOP violates key East African and international treaties and laws including the East African Community (EAC) Treaty, Protocol for Sustainable Development of the Lake Victoria basin, Convention on Biological Diversity, and the United Nations Framework Convention on Climate Change. Others include the African Charter on Human and People’s Rights as well as the African Convention on Conservation of Natural Resources among others.
However, on 29th of November, 2023, the EACJ dismissed the case relying 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. The same court further said it did not have jurisdiction to hear the case.
The aforementioned organizations appealed against the Court ruling, and subsequently, it was heard on Tuesday, February 20, 2024, by the appellate division of the EACJ. The petitioners were directed to submit their written submissions by March 22, 2024.
The court also asked the governments of Uganda and Tanzania as well as the Secretary General of the EAC, (respondents) to file their counterarguments by April 22, 2024.
Further, the court ordered the appellants to file rejoinders to the counterarguments from Uganda and Tanzania and the EAC Secretary General by May 6, 2024.
Mr. Dickens Kamugisha, representing some of the appellant organizations, expressed satisfaction with steps taken by the Court. He emphasized the reliance of communities and East Africans on their natural and other resources for livelihoods, stressing the need to challenge projects like the EACOP that pose threats to these resources.
