KAMPALA – Mugisha Jelousy, a resident of Kasinye, Buliisa district is on the Oil Project Affected Persons (PAPS). He says his 2.5 acres of land was forcefully acquired by the government after he refused the “unfair” compensation of Shs3.5 million per acre.
He says firstly, he opted for in-kind (land for land) compensation which the government failed to do for him.
“Shs3.5 million per acre cannot help my family and I to relocate,” he told the press on Thursday in Kampala.
Mr. Mugisha says his land was his only source of income and food for his family but he has since 2018 been denied access to it.
“They stopped us from using our land up to 2023 when we were told that the compensation money was deposited in the court. That’s the land we used to get food, school fees and all the necessities, all of which we have nowhere to get from today.”
According to him, even when they were to accept cash, their land is today valued at shs25 million per acre.
Mugisha and other 41 Tilenga and the East African Crude Oil Pipeline (EACOP) oil project-affected households that were sued by the government in December 2023 for denying compensation.
The government filed the suit to obtain vacant possession of the people’s land in support of TotalEnergies’ implementation of its Tilenga and East African Crude Oil Pipeline projects, for which TotalEnergies is the lead implementer.
Justice Jesse Byaruhanga of the High Court in Hoima heard and passed a judgement against the households within four days of the case being filed, something they argue that the rushed court processes denied them an opportunity for a fair hearing.
The group would later write to the Ministry of Justice and Constitutional Affairs, as well as the offices of the Chief Justice, Deputy Chief Justice, Principal Judge, Judicial Service Commission (JSC), TotalEnergies, and others on February 7, 2024, requested meetings with these stakeholders. They sought to discuss grievances stemming from a December 2023 lawsuit brought against them by the government. Additionally, they wished to engage with government agencies and TotalEnergies to prevent the eviction of households based on the Hoima High Court order of December 8, 2023, which has been appealed.
Addressing the press on Thursday, these expressed disappointment over the failure of key stakeholders in Uganda’s judiciary to meet them.
These, who sought an audience with the aforementioned stakeholders and others to foster dialogue aimed at creating a more accessible and fairer judiciary, especially for the poor say when they visited the offices of Minister Norbert Mao, the Principal Judge and JSC on March 6, 2024, they were unable to meet with the said stakeholders.
They also sought an audience with TotalEnergies to appeal for compassion, requesting that the company refrain from using the court order to evict households, including women and children.
Mr. Julius Asiimwe, a project-affected person said, “We are grieved in our hearts. We wrote them letters requesting meetings on specific dates and none of them wrote back, declining to meet us. Based on the reception we received at the offices we visited, we don’t think that the judiciary understands the implications of its actions on our families, and our children. All the cases we have filed against the government since 2014 are still rotting in court and the same judiciary hears the government cases against us in four days. We have been asking ourselves, has our government been taken over by the devil? We are crying in our hearts, wondering who will help poor people like us.”
Ms. Margret Sabiti another PAP said, “I am very disappointed because we were not able to meet anyone yesterday. I travelled all the way from Buliisa and no one granted us audience. I asked myself, why is our own government abandoning us? Public offices should be open and officers should address the grievances of poor people like us. I feel sad that TotalEnergies is working with the government to use the Ugandan courts to evict our families.”
Mr. Dickens Kamugisha of the Africa Institute for Energy Governance (AFIEGO), a CSO supporting the affected families challenged all Ugandans to take a keen interest in the plight of “these poor families suffering injustices.”
“With courts setting bad precedents that allow the government to violate Article 26 and other human rights provisions of the Ugandan Constitution, where affected landowners are forced to accept low, unfair, and inadequate compensation, and courts deny people fair hearings, any Ugandan could suffer the same fate. When the people from the oil region, such as Buliisa district, are fighting, Ugandans should join them because their fight is a fight for justice for all Ugandans.”
He said this explains why in 2016 the government of Uganda wanted to amend Article 26 of the Constitution to forcefully acquire land of the citizens and determine how much to give them without any discussions.
“No, that can’t happen. If the government wants to use people’s land, it must first visit the affected person and the compensation must be fair and adequate,” he noted.
Ms. Amina Acola, a legal associate at AFIEGO, says, “The appeal is a symbol of the struggle between oil-affected communities and government, highlighting broader issues of land rights, environmental challenges, and corporate responsibility. The outcome of this legal battle is eagerly awaited, as it is expected to set a precedent for cases related to compulsory land acquisitions and stop the negative impacts of oil in Uganda.”
