- The East African Court of Justice (EACJ) Appellate Division has upheld a previous ruling dismissing a high-profile case challenging the construction of the East African Crude Oil Pipeline (EACOP).
- The decision, delivered this week, has sparked strong criticism from civil society organisations and community groups who say the ruling shuts the door on justice for thousands of affected people.
The case was originally filed in November 2020 by four regional civil society organisations, Natural Justice (Kenya), the Africa Institute for Energy Governance (Uganda), the Center for Food and Adequate Living Rights (Uganda), and the Center for Strategic Litigation (Tanzania). The First Instance Division of the Court dismissed the case in 2023 on the grounds that it fell outside the allowable filing period, a decision the Appellate Division has now affirmed.
Groups opposing the project argue that the court’s narrow focus on procedural timelines has prevented scrutiny of core issues, including alleged irregular land acquisition processes, threats to water sources such as Lake Victoria, environmental degradation, and potential violations of the East African Community Treaty.
The StopEACOP Coalition criticised the ruling as a failure to address the rights and environmental concerns of communities along the pipeline route. The coalition described the decision as prioritising procedural technicalities over the well-being and livelihoods of millions of East Africans.
Concerns over environmental and cross-border impacts
Environmental advocates say the ruling denies judicial review of longstanding concerns surrounding the pipeline’s social and ecological risks. These include potential contamination of critical water bodies and impacts on protected areas.
Similar environmental concerns have recently been raised in the Democratic Republic of Congo, where community groups have reported pollution linked to regional oil developments. A recent scientific assessment by the Environmental Law Alliance Worldwide substantiated claims of ecological harm in the Lake Albert and Lake Edward regions. Civil society groups in the DRC have since filed their own case before the EACJ.
Implications for regional justice
With the dismissal of this case, activists fear that communities seeking regional remedies may face increasing barriers when powerful commercial and political interests are involved. Members of the StopEACOP Coalition emphasised the need for continued grass roots organising, policy pressure, and international advocacy to protect communities affected by fossil-fuel projects.
Author: Bryan Groenendaal
The StopEACOP Coalition is a network of local and international civil society groups campaigning against the proposed pipeline and associated oil fields. The coalition reports that 43 banks and 30 insurers have declined to support the project.
