The East African Crude Oil Pipeline: A Human Rights Dissect

Over the course of the last three years, the East African Crude Oil Pipeline (EACOP) has commanded considerable global media attention. Spearheaded by a prominent French fossil-fuel conglomerate, this ambitious venture entails the transportation of oil extracted from Uganda's Lake Albert oilfields to the port of Tanga in Tanzania. The declaration of Uganda's preference for the Tanzanian route during the 13th Northern Corridor Heads of State Summit in Kampala in April 2016 marked a pivotal moment, culminating in a bilateral agreement between Uganda and Tanzania in September 2022 to jointly undertake the construction of this monumental pipeline. Subsequently, an accord between Uganda and Total, serving as the Foreign Direct Investment Transnational company, solidified the collaboration. Consequently, the project now stands under the joint ownership of the governments of Uganda and Tanzania, alongside the French Multi-National Oil Company and the Chinese parastatal, China National Off Oil Company (CNOOC).

EACOP Overview

The extensive EACOP spans a length of 1,443 kilometers, with 296 kilometers situated within the borders of Uganda. Commencing its journey in Kabale, Hoima district, Uganda, the pipeline meanders through various regions, ultimately reaching the Chongoleani Peninsula near Tanga Port in Tanzania. Notably, 80% of the pipeline traverses Tanzanian territory. This buried, thermally insulated conduit spans 24 inches in diameter and includes six pumping stations – two in Uganda and four in Tanzania. The pipeline reaches its terminus at Tanga, concluding with a terminal and jetty, facilitating the loading of oil onto trucks. Encompassing the Tilenga and King Fisher upstream oil projects, the scope of the EACOP extends across ten districts in Uganda: Hoima, Kikuube, Kakumiro, Kyankwanzi, Mubende, Gomba, Sembabule, Lwengo, Rakai, and Kyotera. Upon completion, the project is poised to enable the future export of an impressive 246,000 barrels of oil per day.

The Human Rights Implications of EACOP

Human rights, deemed a global concern, are integral to societal harmony and ethical governance. In adherence to this principle, the 1995 Ugandan Constitution, within its fourth chapter, delineates a comprehensive bill of rights. This constitutional framework aligns with the Universal Declaration of Human Rights, elucidating fundamental principles that every nation is obligated to uphold. These encompass the rights to land, an adequate standard of living, health, and clean water, along with the right to a healthy living environment. Paradoxically, these very rights are imperiled and already compromised by the East African Oil Pipeline (EACOP) project. While the EACOP project promises substantial benefits, its implementation has become a source of affliction for numerous individuals residing along its path. Human rights activists have directed their attention to researching and reporting on the human rights implications of the project, with a primary focus on the Ugandan side.

Numerous instances of human rights abuses have surfaced, particularly concerning land acquisition and compensation. The EACOP project, rather than bringing prosperity, has proven to be a calamity for tens of thousands who have lost not only their land but also their means of sustenance and education for their children. It is asserted that Total Energies' compensation has been insufficient, resulting in severe hardships for those displaced. The project's anticipated displacement of over 100,000 people has led to food insecurity, household debt, disrupted education, and potential environmental devastation.

The loss of land has transgressed the land rights of host communities, constituting a violation of Article 237 of the Ugandan Constitution, which guarantees property ownership. The extensive infrastructure associated with the pipeline, including well pads, roads, camps, and a 1,443-kilometer pipeline, has further exacerbated the impact on these communities. Despite reported compensation, delays and inadequacies persist, with 90% of the displaced individuals facing challenges in securing fair compensation from Total Energies Uganda.

Human Rights Watch conducted interviews in early 2023, revealing that delayed and insufficient compensation has precipitated heavy household debt, food insecurity, and financial hardships, resulting in children dropping out of school. This, in turn, has cascading effects on other human rights, such as the right to education, food, and access to health services. The affected families find themselves unable to afford these essential services, exacerbated by the inadequacies of government services. According to the International Finance Corporation (IFC) Practice Standard, compensation should aim to restore victims to their pre-disturbance state. However, reported flaws in compensation agreements, coupled with language barriers, have left affected individuals with diminished bargaining power and negotiation ability, rendering them vulnerable and helpless.

In conclusion, a critical examination of the aftermath on host communities is imperative, considering that the project is ostensibly designed to benefit all Ugandans, especially those residing along its trajectory. The violation of land and housing rights extends its repercussions to other human rights, incurring potential long-term societal and governmental costs. An earnest and inclusive discussion on the human rights implications of the pipeline project is necessary, with a commitment to an impartial assessment that prioritizes the welfare of all stakeholders, ensuring that the benefits do not come at the expense of the host communities.

Joram Kato

Joramkato474@gmail.com

Student of Law at Makerere University Uganda