By Davis Buyondo
Kampala-Uganda
The French fossil-fuel giant TotalEnergies is creating significant problems in East Africa. Their intention to construct an enormous oil pipeline in Uganda is negatively impacting the lives of thousands of people in the region.
And what’s even worse is that this project is exacerbating the global climate crisis. It will entail the construction of various infrastructure elements, such as wells, roads, camps, and an extensive 1,443-kilometer pipeline that will link oilfields in Uganda to a port in Tanzania.
According to the latest Human Rights Watch report, dubbed “Our Trust is Broken’: Loss of Land and Livelihoods for Oil Development in Uganda”, over 100,000 people will be forced to leave their homes to pave the way for the oil pipeline project.
Although the company says they’re compensating most of the people, it’s taking them a really long time to do it, and the money they’re giving isn’t enough to make up for what the people are losing which is unfortunate for the affected communities.
According to Felix Horne, a Senior Environment Researcher at Human Rights Watch, the East African Crude Oil Pipeline (EACOP) has been a complete disaster for the people who lost their land.
This land was not only a source of food for their families but also provided income to support their children’s education. Sadly, these individuals received very little compensation from TotalEnergies, the company behind the project.
The report is based on more than 90 interviews conducted with 75 households in Uganda that were displaced in five different districts early his year.
The findings reveal that the delays in the project have caused even more problems for the affected communities in addition to the confusion about whether farmers can still use the land to grow crops like coffee and bananas in the meantime.
As a result, thousands of Ugandan farmers are facing significant financial difficulties. They have accumulated heavy debts, struggle with food insecurity, and can’t afford to pay school fees, leading to many children dropping out of school.
According to the farmers, they felt pressured to sign compensation agreements in English, a language many of them cannot read, and many described being offered cash instead of the option of replacement land in line with international standards.
The unkept promises about grave relocation and an improvement in the quality of life that was promised in the many early meetings commending the virtues of EACOP have eroded trust between communities and TotalEnergies.
“They come here promising us everything,” a resident said. “We believed them. Now we are landless, the compensation money is gone, what fields we have left are flooded, and dust fills the air.”
According to Felix Horne, a senior environment researcher at Human Rights Watch, the East African Crude Oil Pipeline (EACOP) has been a complete disaster for the people who lost their land.
This land was not only a source of food for their families but also provided income to support their children’s education. Sadly, these individuals received very little compensation from TotalEnergies, the company behind the project.
Risks and Warnings
The project comes at a time when experts, like the Intergovernmental Panel on Climate Change (IPCC) and the International Energy Agency, have cautioned against the construction of new fossil fuel projects if the world is to achieve the goals of the Paris Agreement and avoid the worst effects of climate change.
In fact, the IPCC confirmed in March that global temperatures are rising rapidly, and they are urging governments to reduce emissions by moving away from fossil fuels and increasing the use of renewable energy.
The report further indicates that because of opposition from groups and activists concerned about climate change, many banks and insurance companies have publicly stated that they won’t support the pipeline. HRW also advises financial institutions to avoid funding EACOP because of the harm caused by fossil fuels to the climate and the potential risks to human rights.
In June, various Human Rights Defenders and organizations in France and Uganda took legal action against TotalEnergies, aiming to pursue justice and compensation for the alleged harm caused by the company’s contentious oil mega projects in Uganda.
These include the Africa Institute for Energy Governance (AFIEGO) in AFIEGO, Friends of the Earth-France (FOEF), National Association of Professional Environmentalists (NAPE) /Friends of the Earth Uganda, SURVIE-an independent non-governmental organization established to combat hunger and corruption in developing nations, and the TASHA Research Institute Africa.
COTFONE
Civil Society Organisations, there are 3,600 people affected by the EACOP project in the 10 districts of Uganda, with over half of them (2,300) residing in the five districts of Greater Masaka (Gomba, Sembabule, Lwengo, Kyotera, and Rakai).
According to Community Transformation Foundation Network-COTFONE, the inflation that affected the entire Greater Masaka region had a significant impact on the value of the land. Initially, an acre of land was valued at UGX6 million, but by the time the compensation process started, the price had risen to UGX8-10 million which left the Project-Affected Persons (PAPs) stranded.
Yisito Kayinga Muddu, the National Coordinator-COTFONE, told us that the compensation process took more than four years, causing total frustration. And worse of it, the pipeline route was later changed without compensating the PAPs for the time they had already invested in the process.
“The PAPs were promised an uplift of 15% every year from the cutoff date, but the compensation only considered one year out of the four years that had passed. This meant that they did not receive the full uplift that had been promised to them,” he says.
During the evaluations, Kayinga adds, some items belonging to the PAPs were missed, resulting in them losing their properties without proper compensation. Some of the PAPs’ items were undervalued or missed, resulting in less compensation and financial losses.
In addition, he highlights, the grievance cases of the PAPs were handled unfairly, and their concerns were not adequately addressed, despite being reported to the village grievance committees.
It is further reported that PAPs who voiced their dissatisfaction with the project and its violations were arrested, which further suppressed their ability to raise concerns and seek justice.
“They were intimidated and arrested by local security authorities such as District, Sub-county and Parish Security Officers which interfered the monitoring of the project in the affected communities,” he recounts.
However, the project also encroached on vital ecosystems such as wetlands, swamps, rivers, and even national parks, causing environmental damage.
TotalEnergies Responses
In a letter dated June 15th addressed to Human Rights Watch, TotalEnergies expressed its commitment to respecting the rights of the communities involved. They provided thorough explanations supporting their belief that the compensation offered aligned with the standards set by the International Finance Corporation (IFC).
Atacama Consulting, an environmental consulting firm assisting TotalEnergies EP Uganda in acquiring land in the Tilenga oilfields, responded on June 22nd. They denied claims of pressuring individuals to sign and outlined their perspective that the compensation provided met the requirement of covering the “full replacement cost.”
About the land acquisition program, TotalEnergies says the Tilenga and EACOP projects involve a land acquisition program covering around 6,400 hectares, affecting 19,098 project-affected persons (PAPs). Compensation, based on International Finance Corporation (IFC) standards, includes surveys, monetary and/or in-kind compensation. Compensation agreements have been signed for 97% of Tilenga and 96% of EACOP, with additional measures for employment, education, and women’s rights.
Leases vs. Land Acquisition: Totalenergies noted that temporary land leases were used during the exploration phase, but for long-term projects, land acquisition is necessary. Compensation rates are determined by the Chief Government Valuer (CGV) and District Land Boards, meeting IFC standards. TEPU and EACOP ensure compliance with international best practices.
Consent and Support: The oil giant highlights that a comprehensive process ensures PAPs understand and consent to compensation agreements. Legal advisors and translators assist with information sessions, individual explanations, and the signing of agreements. Grievance mechanisms are in place to address concerns, with records of complaints kept.
For the Delayed Compensation, the company says it occurred between land valuation and acquisition due to government approvals and COVID-19 impacts. Compensation agreements and payments have progressed significantly, with additional financial compensation applied for the delay period.
Regarding the Orphan Land issue, the company asserts that if any land remains unused after the project is determined, it will be compensated for. The decrease in the value of the land is assessed both during and after the construction process, and compensation is provided in accordance with the standards set by the International Finance Corporation (IFC).
In simpler terms, “orphan land” refers to a small piece of land that is left behind or isolated when larger plots of land are taken for things like building roads and other projects.
It usually happens when the construction of the project divides the original land into two or more smaller pieces that are not economically realistic or viable on their own.
Total further notes that no buffer zone agreement is required. The buffer zone aims to inform neighbouring landowners of project activities and does not restrict land use. Pressure to sign such agreements is condemned, and TotalEnergies investigates any reported instances.
Livelihood Restoration: TotalEnergies focuses on restoring livelihoods through training, budget management support, and small business development. Programs for at least three years after land acquisition include financial literacy, agricultural improvement, and vocational training. Food aid is also provided.
For the complaint mechanism, they say, the grievance resolution mechanisms ensure legitimate, accessible, and transparent processes. Complaints can be filed through various channels, and four levels of escalation are in place. Complaints are recorded and addressed promptly.
According to the company, both projects have monitoring and evaluation programs, combining internal and external monitoring. Reports and assessments by third parties are published to ensure transparency and identify areas for improvement.
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