In Buliisa district, the heart of Uganda’s oil-rich Albertine Graben, tensions escalated as 42 families faced the threat of eviction to make way for the ambitious Tilenga project by TotalEnergies.
The project, which is slated to pump out 190,000 barrels of oil per day, has sparked controversy and protests from the local landowners fearing displacement without proper compensation.
On a calm morning, the streets of Hoima transformed into a stage of protest as affected families, carrying placards with messages like “Stop land grabs”, “Don’t displace us for oil”, and “Our land, our lives”, marched to the High Court to voice their displeasures. Leading the charge was Fred Mwesige, a local landowner, who passionately read out their petition amid the unfolding scene outside the court where officials looked on.
The core of the protesters’ grievances centres on how their case was handled by the High Court. Justice Jessy Byaruhanga, according to Mwesige, issued a ruling merely four days after the Attorney General’s Chambers filed a petition on behalf of the government. The petition, dated December 4, 2023, sought judicial approval for the Ministry of Energy to compulsorily acquire the contested land and proposed depositing compensation in court for the affected families, pending dispute resolution.
However, the landowners contest that the rapid court decision was made without giving them a proper hearing, a move they see as a denial of justice. The swift legal process and the threat of eviction without immediate and fair compensation have ignited fears and resistance among the community, bringing to the forefront the ongoing global debate about the balance between development and human rights in resource-rich regions.
Four days later, Justice Byaruhanga ruled that the families’ compensation amounting to Shs 950 million be deposited in court, to be processed after TotalEnergies E&P has taken over the land. However, the 42 landowners refused compensation rates offered by the government for them to relocate and allow the development of oil infrastructure.
“Communities are displaced without proper compensation or fair trial. Our concerns are as follows inadequate compensation land owners were offered significantly, low compensation of the true value of their land. Unresolved land dispute. Several families have ongoing land disputes which would have been resolved before the eviction orders. Denial of justice. The swift court ruling delivered within four days and after one hearing raises serious concern about procedural fairness that requires effective judicial review,” said Mwesige.
The landowners expressed concern that the government is prioritizing the interests of oil companies over the rights of its citizens. They demanded a halt of the eviction and compensation processes until an independent expert conducted 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.
“People affected by the oil project, be it Tilenga oil project, call it EACOP, call it the oil refinery people have to get justice as it is deserved. These people were taken out from their land without even adequate compensation that would be managed so well. So the reason of this petition is that these people, the PAPs that are affceted by the oil projects are concerned about how their land was taken, how the valuation was made and the compensation has been delayed. It took that honourable court in Hoima only four days and made an order of eviction, the illegal eviction. So that is the reason for this eviction and these people are demanding justice,” said Tumusiime.
Tumusiime explains that what the government did by forcibly 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, another landowner said his land was fenced off by TotalEnergies in 2022 before agreeing on compensation, even though the oil company built a replacement house for him.
