By Davis Buyondo
Rakai
At last more than 30 people affected by the East African Crude Oil Pipeline (EACOP) project in Rakai, Lwengo, Sembabule and Kakumiro districts have died before receiving their compensation.
They are said to have passed on between 2019 and 2020 leaving their families stranded.
The number was revealed in the ongoing community engagements in the four districts on how families can process the Letters Of Administration in order to claim for the compensation of the deceased PAPs.
The joint engagements organised by Global Rights Alert (GRA) in collaboration with judicial officers from Justice Centres Uganda (JCU), district leaders and other stakeholders.
A Letter of Administration is simply a legal document issued by the competent Court to allow the administrator to manage or distribute the deceased person’s property.
According to Richard Orebi, the GRA-Programmes Associate, since death is inevitable, it is important for the affected families to know what they can do in time before the compensation starts.
Orebi added that the delayed acquisition of the letters of administration for the deceased PAPs may also delay the entire compensation process.
“These are some of the issues that delay compensation of PAPs and it’s upon us to help them understand what to do in time to avoid being left out,” he said.
He noted that if the letters of administration are not processed in time several PAPs and their families may suffer in the long run after the compensation is completed.
“If these issues are coming up in the community monitors’ reports then we need to work together with the district leaders and other stakeholders to ensure that people are sensitized on what to do in time,” Orebi added.
According to Matilda Ndagano, the GRA-Community Based Monitor (CBM) for the pipeline in Rakai, at least five families have processed letters of administration for the deceased PAPs while over 20 families have secured short death certificates and in a process to acquire the letters of administration.
Since the compensation has delayed for over two years, Ndagano said, more PAPs may pass on in the process.
Edward Kamya Kabuye, the Rakai Deputy Chief Administrative Officer (DCAO), explained that the letters are not only for purposes of compensation of the EACOP project but also in a number of cases including claiming for the deceased’s benefits, administration of the deceased’s property among others.
He further said that they are emphasising the information about the letters of administration because already some deaths have occurred and different families are stranded.
“In a situation where someone’s land was taken and all the compensation processes done in his or her name, there’s no way his/her survivors can receive the benefits which were signed by their parents or guardian except through these letters,” he noted.
According to Kabuye, the community engagements were interfered by the Corona Virus Disease (COVID19) pandemic whereby people are not allowed to converge in large numbers.
In Ssembabule, so far five families have acquired their letters of administration, according to John Mary Bakalyamye, the GRA Community Based Monitor in the district.
He explained that they are still helping more families which obtained short death certificates to process the letters ahead of the compensation.
Justice Centres Uganda
Edith Namata, an advocate from Justice Centres Uganda, said they joined the engagements to sensitise the PAPs about how to claim their rights over their property or assets that were affected by the pipeline.
She explained that they are teaching the PAPs in all pipeline affected communities in the 10 districts how they can receive the letters of Administration through the court.
“The majority do not know where to start from when it comes to the process of acquiring the letters to manage the decease’s property and how to fairly manage them. So JFU will offer free legal services for the affected persons,” she said.
However, GRA is to hold more community sensitisation engagements in Kakumiro and other districts in the oil pipeline route.
Obtaining Letters of Administration
According to Kabuye, obtaining the letters of administration take a number of steps including the family members of the deceased meeting to choose the person in whose favour the letters of administration should be granted as an administrator.
He further explained that the family administrator can proceed to apply for a certificate of no objection from the Administrator General and then obtain the death certificate of the deceased.
“After obtaining a certificate of no objection from the administrator General, you have to find a lawyer to help you to prepare a petition for letters of administration. Therefore you wait for the court to issue the letters,” he explained.
He said that the applicant must publish a notice in the Ugandan newspapers for 14 days and when they expire without anyone objecting to the petition, then the court will proceed to determine the petition and then grant you letters of administration.
END
English 