EAC Court Approves Regional Pipeline Project

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EAC Court Approves Regional Pipeline Project

The East African Crude Oil Pipeline Faces Final Legal Hurdles

The Appeals Division of the East African Court of Justice (EACJ) has dismissed a significant legal challenge against the construction of the East African Crude Oil Pipeline (Eacop), clearing the way for its completion and commissioning in the coming year. This decision marks a major milestone for the multibillion-dollar project led by TotalEnergies, which aims to transport crude oil from Uganda to Tanzania.

Key Details of the Case

The case was brought by four non-governmental organizations (NGOs) that have long opposed the $5 billion pipeline project. These groups argued that the Eacop would have severe environmental and human rights impacts. However, the court ruled that the NGOs’ case was filed outside the time limit stipulated by the East African Community (EAC) Treaty, thereby dismissing it on procedural grounds.

The panel of five judges upheld the decision made by the First Instance Division in November 2023, which had already rejected the case. Justice Nestor Kayobera, President of the Appellate Division, emphasized that the timeline of events surrounding the Eacop agreements indicated that the NGOs' case did not meet the required deadlines.

Legal Implications and Reactions

The court awarded costs to the governments of Uganda and Tanzania, as well as to the EAC Secretary-General. The activists, including the Africa Institute for Energy Governance (Afiego), Center for Food and Adequate Living Rights (CEFROHT), Natural Justice (NJ), and the Centre for Strategic Litigation (CSL), had initially sought to halt the pipeline's construction.

They cited concerns over environmental degradation, climate change, and the potential displacement of communities. The pipeline, which will stretch 1,443 kilometers, is set to transport 230,000 barrels of oil per day at peak production over eight years of Uganda’s 25-year oil production period.

Legal analysts suggest that the court's decision was based on a technicality in EAC laws, which state that cases filed beyond a 60-day period are not heard. However, Afiego argues that this technicality arose because key agreements related to the Eacop were only made public years after being signed.

Community Impact and Ongoing Challenges

Elizabeth Kariuki of Natural Justice expressed concern over the ruling, noting that it affects the lives of people displaced by the project and the ecosystems they depend on. She stated that while the court has closed its doors to these communities, their fight will continue.

Despite this setback, the dismissal of the case at the Arusha-based court ends one of two major legal challenges facing Eacop. The other ongoing challenge involves a case filed in Paris in June 2023 against TotalEnergies, the operator of the pipeline and the associated Tilenga upstream project.

In the Paris case, 26 individuals and environmental groups have taken legal action against TotalEnergies, seeking compensation for human rights violations linked to the projects in Uganda. Construction of the pipeline began in early 2003, with pre-construction activities underway. As of now, the project is 75% complete in both Uganda and Tanzania, according to the Petroleum Authority of Uganda.


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