The Masaka High Court finally delivered a ruling concerning 80 Project Affected Persons (PAPs) with claims to 41 parcels of land impacted by the East African Crude Oil Pipeline (EACOP).
The individuals hail from the Lwengo, Kyotera, and Rakai districts within the Greater Masaka subregion. The decision followed a case filed by the Government of Uganda (GoU) through the Attorney General on August 20, 2024.
In his October 1, 2024 ruling, Justice Lawrence Tweyanze permits the GoU to deposit compensation for the affected individuals into the court.
Additionally, the court granted several requests from the GoU, including the right to take vacant possession of the affected lands for EACOP project activities, eviction and demolition orders against the affected individuals, and a discharge from any liabilities related to claims or orders stemming from the government’s requests.
However, the court rejected the government’s request for the affected 80 landowners, estate administrators, or beneficiaries to cover the costs of the case.
Cosmas Yiga, a resident of Kyotera district impacted by the recent court decision, expressed his dismay, stating, “The outcome of this case is devastating, but I will continue to advocate for justice. As individuals affected by the project, we are enduring significant hardship. Even those who have received compensation are facing challenges. Our crops have been ruined, leaving families in dire situations. We deserve more, and I will persist in my pursuit of justice.”
Dickens Kamugisha, the Chief Executive Officer of the Africa Institute for Energy Governance (AFIEGO), commented, “We are disheartened by this ruling; nonetheless, our commitment to seeking justice remains strong, and we encourage the community to join us in this endeavor. Today, these vulnerable families have been impacted by a decision that effectively alters Article 26 of the 1995 Uganda Constitution. Tomorrow, other citizens may find themselves in a similar position. It is crucial for citizens to protect their rights through legal avenues and to hold the judiciary accountable, ensuring it serves the people effectively.”
Kamugisha, emphasized that while the government has the authority to compulsorily acquire land from citizens for specific purposes, it is imperative that those affected receive timely, equitable, and sufficient compensation.
He further noted that discussions would be held with those affected to determine the next steps forward.
AFIEGO supported a team of lawyers who extended support to some of the affected people.
Peter Arinaitwe, one of the lawyers that represented the affected people, stated, “We will continue to support our clients in seeking fair compensation through all available legal avenues. Should the affected people choose to appeal the ruling, we will support them.”
Yisito Kayinga Muddu, the coordinator of Community Transformation Network (COTFONE), said, “We are deeply disappointed by the Masaka High Court’s ruling against the PAPs impacted by the EACOP. Despite the setback, we stand in solidarity with the PAPs and commend their resilience. We urge the government to engage in meaningful dialogue and ensure equitable treatment. This ruling strengthens our resolve to continue advocating for marginalised communities and prioritising their welfare in development.”
The government, in its legal action, is requested permission to deposit compensation for the affected individuals in court; to obtain vacant possession of the land belonging to those affected, enabling its use for the EACOP project activities; to secure eviction and demolition orders against the affected individuals; to be released from any liabilities related to claims or orders resulting from the requests made by the government; and to ensure that the costs of the case are covered by the 80 affected landowners, estate administrators, or estate beneficiaries.
The EACOP is a planned 1,443km pipeline that is to be constructed from Western Uganda to the port of Tanga in Tanzania. The pipeline is expected to transport crude oil from the Tilenga and Kingfisher oil fields in Uganda to export markets.
The EACOP is owned by TotalEnergies E&P, which holds a 62% stake, while the China National Offshore Oil Corporation (CNOOC) owns 8%. The Ugandan and Tanzanian governments own 15% shares each.
TotalEnergies has been responsible for overseeing the acquisition of 2,470 acres of land from approximately 3,660 households in Uganda with an estimated population of 24,770 people.
