November 29, 2023.
ARUSHA, Tanzania | The East African Court of Justice (EACJ) is poised to deliver a significant ruling, on the preliminary objections raised by Tanzania’s Solicitor General regarding the court’s jurisdiction over a case challenging the East Africa Crude Oil Pipeline (EACOP) project.
The case, filed in November 2020 by the Center for Strategic Litigation (CSL), Center for Food and Adequate Living Rights (CEFROHT), Africa Institute for Energy Governance (AFIEGO), and Natural Justice against the governments of Tanzania and Uganda, along with the Secretary General of the East Africa Community (EAC), contends that various actions surrounding the EACOP project violate provisions of the EAC Treaty.
The organizations argue that the signing of Host Government Agreements (HGAs) for the EACOP, development in protected areas, has adverse impacts on livelihoods, biodiversity, climate, and socio-economic aspects, breaching the EAC Treaty. Additionally, they claim that agreements were signed before the approval of the Ugandan EACOP Environmental and Social Impact Assessment (ESIA) report, violating the EAC Treaty and EAC law.
The EACOP project proponents, including TotalEnergies and the China National Offshore Oil Corporation (CNOOC), are accused of inadequate public participation, consultation, and neglecting human rights and climate impact assessments before key agreements were signed.
The legal challenge, spanning multiple international and regional agreements, aims to ensure that the EACOP adheres to environmental regulations, mitigates ecological risks, protects community rights, and upholds international standards for sustainable development.
In March 2022, Tanzania’s Solicitor General, Mr. Gabriel Malata, raised preliminary objections, arguing that the EACJ lacked jurisdiction over the case. The court will address three key preliminary issues, including whether the case raises matters for the interpretation of the EAC Treaty, whether it was filed within the required timeframe, and whether the organizations’ pleadings were properly verified.
The looming decision holds the fate of the case: if the court upholds the jurisdiction objection, the case may face dismissal. However, if the EACJ determines it has jurisdiction, the matter will proceed to a comprehensive hearing on its merits.
