The PAPs who were holding placards inscribed with words like Stop land grabs, don’t displace us for oil, for Tilenga, stormed the Hoima High Court at around 10 a.m. protesting the December 2023 court verdict.
Landowners living
under the threat of eviction in the Albertine Graben’s Buliisa district stormed
the High Court Hoima demanding justice.
They are demanding
for a judicial review against a Court ruling that permitted the government to
evict them from their land.
Some of the
infrastructure by TotalEnergies’ Tilenga project will displace the 42 families.
Tilenga Project is the country’s biggest
upstream development that is operated by French energy giant TotalEnergies,
which will produce 190,000 barrels of oil per day.
Some of the
members from the affected families were holding placards as they matched
through the streets of Hoima towards the High Court Hoima.
The placards had
different messages including; “like Stop land grabs”, “Don’t displace us for oil”,
“Our land our lives”, Justice denied, and Don’t Drill on Our Rights among
others.
One of the
landowners Fred Mwesige led the peaceful protest. He then read out the petition
as a handful of court officials helplessly watched the drama unfold at the
court.
Top on their grievances
was the way the High Court Judge in Hoima handled the petition filed by the Attorney
General’s Chambers.
Mwesige
explained that the court ruling delivered within four days without granting
those sued by the government a hearing.
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The landowners expressed concern the government is prioritizing the interests
of oil companies over the rights of its citizens.
They demanded for halt of the eviction and compensation processes until an
independent expert conducts a thorough, inclusive, and transparent review of
the court ruling.
They want the government to ensure fair and adequate compensation for the
affected landowners based on independent valuation and in consultation with the
community.
The project-affected persons also want the government to address the
outstanding land disputes and unclear land ownership issues before proceeding
with the project.
They further want the government to guarantee the affected communities’ right
to fair process and access to justice by affording them a reasonable
opportunity to present their case in a reasonable time and by properly
examining the submissions, arguments, and evidence adduced by the
parties.
Kato Tumusiime, a lawyer representing the landowners said they are questioning how
the evaluation was made and final rates were determined.
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“People affected by…
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Tumusiime explains that what the government did by compulsorily acquiring land
from the PAPs is contrary to Article 26 of the 1995 constitution.
Under Article 26 (2) (b) of the Constitution, compulsory acquisition of
property can only be made under a law that makes provision for prompt payment
of fair and adequate compensation.
Fred
Balikenda, one of the landowners said his land was fenced off by TotalEnergies
in 2022 before agreeing compensation, even though the oil company built a
replacement house for him.
On December 8th, 2023, Justice Jessy Byaruhanga of Hoima High court ruled that
the families’ compensation be deposited in court, to be processed after
TotalEnergies E&P has taken over the land.
The legal battle stemmed from a suit filed by the Attorney General on 4th
December against the 42 Projects Affected Persons from several villages in
Buliisa and Hoima Districts.
The ruling was on miscellaneous cause 24 of 2023 filed by the Attorney General
versus 42 respondents. The suit was filed as per Article 26(2) of the
constitution and under the Land Acquisition Act and Civil Procedure Act among
others.
Hoima High Court Judge, Byaruhanga ruled in favor of the Ministry of Energy
represented by the Attorney General that the over 950 million shillings should
be deposited at the court.
The 42 landowners refused compensation rates offered by the government for them
to relocate and allow the development of oil infrastructure under the Tilenga
project by TotalEnergies.
The Attorney general sued the landowners on December 4, 2023, and its
main prayer was that court allows the Ministry of Energy to compulsorily
acquire the land and deposit compensation for project affected persons (PAPs)
in court, pending resolution of their disputes.
The Hoima High Court judge delivered the ruling within four days of
filing of the case and after one hearing, which the PAPs have protested.The
landowners have been battling the energy giant since 2022.
