Case against East Africa crude oil pipeline postponed

The East African Court of Justice (EACJ) has adjourned the case against the construction of a crude oil pipeline from Hoima in Uganda to the Tanga port.

The hearing has been postponed pending determination of the main case. The main case was filed by Centre for Food and Adequate Living Rights, a Kampala-based human rights organisation and three others.

The respondents who were the Attorneys General of Uganda and Tanzania and the Secretary General of the East African Community (EAC), challenged a decision to construct an East African Crude Oil Pipeline (EACOP) in both countries on grounds it was environmentally untenable.

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Before the hearing started at the regional Court, the Solicitor General of Tanzania Gabriel Malata raised a Preliminary Objection (PO), challenging the Court’s jurisdiction to hear and determine the matter. But the Court ruled that the issue will be dealt with on the merits of the Reference and deliver a judgment.

The Applicants allege that the oil pipeline project was environmentally untenable and that it will impact on livelihoods, gender, food security, children and public health of East Africans. They further allege that the proposed 1,445k pipeline will pass through areas of settlements, farmlands, and water sources for thousands of indigenous people. By impacting on their natural environment without due respect to their livelihood, was a violation of the EAC Treaty.

The matter came before Honourable Justice Yohane Masara (Principal Judge), Justice Dr. Charles Nyawello, Justice Charles Nyachae, Justice Richard Muhumuza, and Justice Richard Wejul. In March 2016, Tanzania and Uganda signed an agreement to construct the pipeline from Hoima to the Tanga port for export of crude oil to markets abroad.

The cost of implementation of the project has been estimated to be $ 3.5million, passing through several regions in Tanzania and offering jobs to thousands of people. Initial estimates of the oil flow indicate the 24 inch pipeline will deliver about 200,000 barrels of crude oil per day.