-Allegations Of Human Rights Violations In Uganda
By Davis Buyondo
Kampala-Uganda
Amidst a legal dispute that resonates with the conflict between corporate influence and human rights, a collective of resolute individuals and organisations has initiated a revolutionary legal proceeding against TotalEnergies, the renowned French oil corporation.
The case is led by Maxwell Atuhura, a prominent Human Rights Defender and Chief Executive Officer of TASHA Research Institute Africa, supported by five influential French and Ugandan NGOs.
These include Africa Institute for Energy Governance (AFIEGO) itself, 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.
Their collective voice, once again, seeks justice and compensation for the alleged damage caused by TotalEnergies’ controversial oil mega projects in Uganda.
What unfolds in the corridors of justice will determine the fate of countless individuals whose lives have been upturned by the relentless pursuit of profit. Currently, tensions run high as the accusers, with unwavering determination, step onto the legal battleground, ready to confront the multinational corporation accused of perpetrating terrible human rights violations in the East African country.
Insight Post Uganda understands that the focal point of the new legal action is centered on the Tilenga oil drilling project and the East African Crude Oil Pipeline (EACOP) project, which they assert have become catalysts for the violation of fundamental human rights.
Through the French Civil Court, the plaintiffs pursue not only monetary compensation but also a thorough evaluation of the profound and enduring effects experienced by the individuals residing in the affected regions of Uganda and Tanzania.
With the weight of their claims reverberates, the plaintiffs and their advocates steadfastly refuse to be silenced. Instead, they gather together in solidarity, standing united against the backdrop of a legal system that frequently exhibits a bias towards the influential and powerful.
In a press conference held in Paris, the associations and the brave Ugandan plaintiffs shed light on the gravity of the situation, denouncing the violations and harassment faced by the affected communities. They demand that TotalEnergies be held responsible for the significant damage inflicted upon the plaintiffs.
According to Frank Muramuzi, Executive Director of NAPE/Friends of the Earth Uganda, their objective is to bring to light the stark contrast between foreign oil corporations reaping enormous profits and the communities who endure harassment, displacement, and abject poverty on their own ancestral territories.
Failed First Attempt
At first, in 2019, EACOP Project Affected Persons (PAPs) together with different Human Rights Defenders and NGOs filed case in with the Paris Civil Court against TotalEnergies to prevent the purported human rights violations resulting from TotalEnergies’ Tilenga and EACOP projects.
However, on February 28, 2023, a lawsuit against the oil company (TotalEnergies) regarding its contentious oil projects in Uganda and Tanzania was dismissed. Through this new legal battle, they aim to bring attention to the dire consequences faced by those who have been stripped of their rights to land and food, plunging them into a state of abject poverty and deprivation.
According to the plaintiffs, the magnitude of the consequences cannot be underestimated, as over 118,000 individuals in Uganda and Tanzania are confronted with the dangers of complete or partial expropriation due to the Tilenga and EACOP projects. These people and their families have endured the distressing denial of their right to freely utilize their land for an agonizing period of three to four years.
HRDs say the enduring deprivation has resulted in critical shortages of food, further worsening the already vulnerable conditions faced by those impacted. The disruption caused by these projects has not only taken away their means of subsistence but has also pushed them to the brink of desperation,” the plaintiffs stated in a statement.
While the environmental consequences of the projects are alarming, with protected natural areas being crossed by the 1,443km heated EACOP pipeline, the accusations against TotalEnergies extend beyond ecological concerns. The NGOs and plaintiffs decry a pattern of threats, harassment, and arrests directed at those who dared to criticize the oil projects in Uganda and Tanzania and advocate for the rights of the affected communities.
The heavy-handed tactics used to silence dissent only further highlight the power dynamics at play, where corporate interests overshadow the welfare and well-being of individuals and their rights to express their concerns.
Plight Of HRDs Overseeing the EACOP Project
Various civil society organizations (CSOs) responsible for overseeing the preservation of the environment, journalists and the well-being of local communities in the ongoing EACOP project have for several years expressed their dismay regarding the continuous incidents of attacks and intimidation.
These organizations, along with the project affected people (PAPs) residing in Kyotera, Rakai, Lwengo, and Sembabule districts, have reported being subjected to harassment by security agencies such as the police, as well as certain district officials that head security.
The CSO representatives claim that they are unjustly accused of obstructing project activities, while the affected individuals are coerced into refraining from reporting any concerns they may have regarding the project to the media.
From the onset of the EACOP project, Yisito Kayinga Muddu, a Human Rights Defender and the Network Coordinator for Community Transformation Foundation Network (COTFONE), and fellow staff have experienced unsanctioned raids, physical and psychological torture and intimidation by various security operatives and community liaison officers employed by TotalEnergies.
His home and offices in Kiwangala in Lwengo District and Kyabakuza in Masaka ditrict have been raided on different occasions with the attackers intimidating his family and making off with Ipads, computers and valuable reports about Human Rights abuses in line with the EACOP activities.
October 8, 2022, Kayinga narrowly escaped a harrowing attack by security operatives at a hotel in Kampala where he had sought refuge following a previous incident on September 28th, 2022 where his home and office were raided.
On the of night September 28, 2022, a group of approximately six unidentified individuals, attired in camouflage attire and donning Top Headwear 3-Hole Ski Face Masks resembling security personnel, forcefully entered the premises of COTFONE in Masaka. Once inside, they proceeded to thoroughly ravage the establishment, leaving behind a wake of destruction and instilling fear.
Amidst the chaos, they also made off with two laptop computers and a phone, which were invaluable, tools containing backed-up grievance statements from individuals impacted by the East African Crude Oil Pipeline in the greater Masaka region.
These statements were in the process of being prepared for presentation to pertinent stakeholders in Uganda and the judicial system. According to Kayinga, the issue of intimidation arose during multiple collaborative engagements involving Total – Uganda, the Petroleum Authority of Uganda (PAU), and various stakeholders.
However, the severity of the situation became increasingly evident considering the suspicious events preceding targets. Unfamiliar individuals had been observed lingering around the COTFONE premises, surreptitiously capturing photographs with their mobile phones. This, combined with the nature of the pilfered items, evoked disturbing similarities to previous targeted attacks on comparable Civil Society Organizations (CSOs).
These incidents left human rights defenders (HRDs) in Uganda grappling with unsettling doubts regarding the underlying motives behind these acts of aggression, intensifying their anxieties for the safety and well-being of those who courageously advocate for human rights.
“They have consistently received communication from us, highlighting our challenges and emphasizing that acts of intimidation will have consequences not only for the project-affected people (PAPs) and civil society organizations (CSOs), but also for the overall progress of the project. Despite the anticipation of further coercion, we remain steadfast in our commitment to advocating for the rights of the people,” he highlights.
According to his findings, there are significant concerns regarding the conduct of the project’s community liaison officers, who frequently attend community meetings and instill fear among the PAPs. Affected communities, he highlights, face intimidation when they voice their objections against inadequate or unfair evaluations of their properties, which are being acquired under compulsory measures.
Still, the communities impacted by the EACOP project have additionally disclosed instances where they are coerced into signing compensation assessment forms that they do not agree with. This pressure stems from both security agencies and land acquisition consultants, who employ intimidation tactics.
Robert Birimuye, a project-affected person (PAP) residing in Nabigasa sub-county, Kyotera district, shares his experience of intimidation after he raised a complaint about his sand quarry, which was not considered for compensation despite being located within the pipeline route. He reveals that he faced intimidation and was even threatened with arrest.
As the representative of the PAPs in the district, Birimuye discloses that several individuals, including Vincent Kibandi, the chairperson of Nabigasa LCIII, the Criminal Intelligence officers affiliated with Kyotera police station, and other officials from TotalEnergies and NewPlan Ltd which was contracted todo the valuation of people’s property, have consistently intimidated him for raising concern regarding the poor valuation and compensation for their properties.
They made it clear that if he didn’t relinquish his interests in the sand quarry, he would face arrest. “A few days later, I was arrested and detained at Kyotera police station and charges for sabotaging government programs,” he recounts, adding that he was released days after the intervention of the Area MP John Paul Mpalanyi, who was following the human rights violations in the project.
During two separate meetings in Kibandi and Ntasibwe, officials from Newplan and Total Energies refuted the allegations made against them. They asserted that their interactions with certain project-affected persons (PAPs) were meant to advise them against disrupting project activities, citing the signed agreement forms as a basis for their approach.
Call for Protection
The extent of surveillance, torture and intimidation endured by human rights defenders (HRDs) in Uganda is alarming. However, amid these distressing incidents, the HRDs have intensified their calls for immediate intervention and protection.
As the UN International Day in Support of Victims of Torture was observed on Monday, June 26, human rights defenders (HRDs) took the opportunity to appeal to their government and the international community for immediate intervention. They emphasised the pressing need for essential protection and support to carry out their crucial work.
They say that their unwavering bravery and unwavering commitment to safeguarding human rights warrant unequivocal support from both their government and the international community.
According to Robert Mugisa, a Human Rights advocate and Head of Programmes at Human Rights Centre Uganda, ensuring the safety of human rights defenders is not only a matter of justice but also a testament to the fundamental principles of human dignity and freedom.
He says that it is only through swift and determined actions that the voices of HRDs can be protected, allowing them to carry out their essential work without the constant threat of persecution or harm.
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