Kampala, Nairobi and Zanzibar: The Appellate Division of the East African Court of Justice (EACJ) will tomorrow, February 20, 2024, hear an appeal that four East African civil society organisations (CSOs) filed in relation to the East African Crude Oil Pipeline (EACOP) project.
The organisations include 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.
The organisations filed the appeal following a November 2023 ruling in which the Court of First Instance at the EACJ dismissed a case through which AFIEGO, CEFROHT, NJ and CSL sought injunctions to stop development of the EACOP, a 1443 km crude oil pipeline that is supposed to be constructed from Uganda to Tanzania.
The organisations argued that the EACOP violates key East African and international treaties as well as laws relating to human rights protection, environmental and biodiversity conservation, climate change mitigation and the protection of Lake Victoria, among others.
On the 29th of November 2023 however, the EACJ Court of First Instance ruled that the court could not hear the case on its merits because the court lacks jurisdiction and that the case was filed out of time. This was a disappointing outcome leading to the organisations choosing to appeal.
The dismissal was prompted by a preliminary objection raised by the Solicitor General of Tanzania, asserting that the court lacked jurisdiction to entertain the case and that it was time-barred.
In their appeal, the organisations will argue that the First Instance Court erred in its ruling. The organisations hope that the Appellate division of the EACJ will reverse the ruling and choose to hear the case on its merits.
Mr. Dickens Kamugisha, the CEO of AFIEGO, says, “We remain resolute in our pursuit of justice through the East African Court of Justice and other courts. Millions of East Africans hope that the court will make a decision that will protect their socio-economic and environmental rights as well as advance their climate change mitigation and clean energy aspirations. We have hope that the court will protect East Africans’ rights over big corporations’ quest for profits at the expense of people.”
Ms. Farida Aliwa, the Executive Director of Natural Justice, says, “In the interests of justice, we believe that this case needs to be heard at the East African Court of Justice, as a positive outcome will be good for the East African people and planet. The EACOP and related projects have already led to serious human rights abuses, including evictions, assaults and environmental destruction. The Court has the power to affirm that the governments, investors and companies violate both national and international laws and that the EACOP project must be stopped. We trust that the East African Court of Justice will see this, and decide to hear the merits of this case.”
Mr. Deus Valentine Rweyemamu, the Chief Executive Officer of Center for Strategic Litigation (CSL), says, “In advocating for compliance with the East African Community’s own standards on environment and human rights, we stand firm in our commitment to justice and accountability. Our case before the Appellate Division of the East African Court of Justice is about reinforcing the commitments made by member states, transcending issues of legal technicalities. We trust the court will hear our plea for compliance in the quest for a sustainable future for all.”
For further reading on the case, click here.
