Africa-Press – Uganda. Instead, the court directed the CSOs to submit supplementary records by November 29, 2024, to enable the continuation of the appeal.
The East African Court of Justice (EACJ) Appellate Division has rejected a request from the Tanzanian government to dismiss an appeal filed by four civil society organisations (CSOs) opposing the East African Crude Oil Pipeline (EACOP) project.
Instead, the court directed the CSOs to submit supplementary records by November 29, 2024, to enable the continuation of the appeal.
The CSOs—Africa Institute for Energy Governance (AFIEGO) and the Center for Food and Adequate Living Rights (CEFROHT) from Uganda, Natural Justice from Kenya, and the Center for Strategic Litigation from Tanzania—filed the appeal in December 2023.
It challenges a ruling by the EACJ’s First Instance Division in November 2023, which dismissed their original case due to late filing.
The appeal argues that the EACOP project violates regional and international laws, including human rights and environmental standards.
Justice Nestor Kayobera, President of the Appellate Division, presided over the proceedings, alongside Justices Anita Mugeni, Kathurima M’Inoti, Cheboriona Barishaki, and Omar Othman Makungu.
The court underscored the public interest nature of the case, with Justice Kayobera stating that dismissing the appeal would compromise fairness and the shared obligation of all parties to ensure the submission of necessary records.
Tanzania’s Deputy Solicitor General, Mark Mulwambo, had sought to have the appeal dismissed, citing the absence of a record of proceedings as a basis for rendering the appeal incompetent.
However, CSO lawyer Dr. Nshala Rugemeleza countered that the omission was correctable and argued for the inclusion of the missing documents to allow the case to move forward.
The CSOs contend that the EACOP project—led by TotalEnergies and the China National Offshore Oil Corporation (CNOOC), in collaboration with the Ugandan and Tanzanian governments—poses significant risks to communities and the environment.
The pipeline, which will transport crude oil from Uganda to the Tanzanian port of Tanga, traverses ecologically sensitive areas and has already displaced several communities without adequate compensation.
Speaking after the hearing, AFIEGO CEO Dickens Kamugisha expressed hope that the court would ensure justice for affected communities, noting the global significance of the case as the UN climate conference continues in Baku, Azerbaijan.
Lawyer Dale Onyango from Natural Justice commended the court for prioritising the plight of displaced persons over procedural deficiencies, while another lawyer, Amina Acola, highlighted the case’s high public interest, evidenced by the presence of affected community members.
One such attendee, Gozanga Kyakulubya from Uganda’s Kyotera District, shared his struggles, including the loss of land and inadequate compensation.
“We need at least one court to be fair to EACOP host communities,” he said, expressing faith in the EACJ to deliver justice.
The legal battle against EACOP began in November 2020 as part of a broader campaign to halt the pipeline project.
The CSOs argue that the project violates international agreements such as the Paris Climate Agreement and the African Charter on Human and Peoples’ Rights.
They also cite inadequate assessments of EACOP’s social, environmental, and climate risks. The appeal hearing has been adjourned to allow the filing of supplementary records.
For More News And Analysis About Uganda Follow Africa-Press
