The struggle for justice continues for the people affected by the East African Crude Oil Pipeline (EACOP) project, as the Government of Uganda has taken legal action against them for refusing to vacate their land.
These vulnerable residents from Lwengo, Rakai and Kyotera districts in Greater Masaka Region, claim they have been unfairly compensated for their properties, leaving them in a tricky situation.
The Masaka High Court has scheduled a ruling on this contentious case, which involves the eviction of over 80 residents who are standing their ground against what they describe as inadequate compensation for their land.
On September 27th, Justice Lawrence Tweyanze will deliver the verdict on whether the government can proceed with the eviction to facilitate the oil project.
This case highlights the ongoing tension between development and the rights of local communities, as affected residents fight not only for their homes but also for fair treatment in the face of government actions aimed at advancing the EACOP project.
The outcome of this ruling could have significant implications for the affected families and the broader conversation around land rights in Uganda.
The Attorney General claims that the families involved are refusing to accept the compensation offered for their land, as determined by the chief government valuer.
This refusal is preventing the East African Crude Oil Pipeline (EACOP) from accessing the project area, causing delays in the project’s progress.
The government is asking the court to allow them to deposit a compensation amount of 711,679,010 Ugandan shillings for the affected families in Lwengo, Rakai, and Kyotera districts.
During a recent court session, Justice Tweyanze warned the families that their ongoing delays in leaving the land could negatively impact the project.
He advised those who haven’t resolved their issues to consider accepting the compensation, or else the money might be set aside, allowing the project to move forward without them.
During the early stages of the case, the court learned from some lawyers representing the Project Affected Persons (PAPs) that an agreement had been reached to accept compensation instead of having the funds deposited in court.
Justice Tweyanze advised the PAPs to meet with the Attorney General and sign a consent form, allowing the government to deposit their compensation directly into their accounts.
“The Attorney General must submit their documents by the end of today, and all respondents should file their submissions by the 20th. The Attorney General will have until the 23rd to file their responses, and the court will issue a ruling by email on September 27th,” the judge announced as he adjourned the case.
The court also noted that some PAPs faced challenges with obtaining letters of administration, as not all families had secured the necessary letters of no objection.
The court assured those individuals that assistance would be provided to expedite the processing of these letters, given the urgency of the situation.
Lawyer Anthony Odur, representing the respondents, shared with reporters that some PAPs had agreed to accept the compensation offered by the government. He stated that those still contesting the amounts would receive support to continue their fight for justice.
“We have established guidelines for those PAPs who are okay with the compensation, as well as for those who believe their payments are insufficient. We will incorporate their submissions into our case. For those willing to settle, we will help them receive their money, while those contesting the amounts will continue to seek justice,” he explained.
The court advised those without legal representation to seek legal help to ensure they receive their compensation when agreeing to the government’s payment.
Fatuma Nakisekka, a PAP, expressed her willingness to accept the government’s offer, despite the challenge of obtaining letters of administration.
“Our family has agreed to take the compensation, but we haven’t received our letters of administration, which prevents us from accessing the funds, she explained adding that: “We need the government to assist us in obtaining the letters of no objection so we can process our letters of administration and receive our money.
In contrast, John Lubega voiced his refusal to accept the government’s compensation, claiming it was below market value.
He stated that the government was offering him 2.8 million shillings for his 56 coffee and mango trees, which he believes should be valued at 8 million shillings.
“The land price in Mutukula is much higher than what the government is offering. A plot measuring 50 by 100 goes for 15 to 20 million shillings, yet the government wants to take our land, which is over 19 plots, at about 3 million each. This is unacceptable,” added Deo Sendi, another PAP.
CSOs
The Community Transformation Foundation Network (COTFONE), a civil society organisation in the area, has walked with the PAPs from the inception stage in 2018 and we have keenly observed all activities.
Kayinga Muddu Yisto, the coordinator of the Community Transformation Foundation Network (COTFONE), expressed satisfaction with the legal guidance provided to the PAPs by various law firms, noting that many are now more informed about their rights and entitlements compared to before when the government was hastily attempting to deposit funds in court.
In December 2023, a similar lawsuit left 42 families in Hoima stranded. The case was filed, heard, and ruled on within four days.
Although the judge was away from his station, he was called back to hear the case. When it was heard, the judge refused to give the affected people, who received late notice, more time to respond.
Currently, he added, they are working with human rights lawyers, local and global activists and other CSOs to ensure the PAPs get justice.
Kayinga appealed to the court to be fair as this case may set a precedent for future projects where local communities might suffer.
“We believe fair compensation will enable these people rebuild their lives and replace the land and property they lost to the project,” he stated.
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