Don’t evict the Tilenga PAPs before they get justice
As a result, the PAPs rejected the proposed compensation on grounds that it was unfair, not prompt and inadequate.
By Doreen Namara
on Monday, June 12, Ruth Nankabirwa, the Minister for Energy and Mineral Development issued one-month ultimatum to Project Affected Persons-PAPs under the Tilenga project to receive compensation or forcefully lose their land.
She said this while officiating at the handover ceremony of 105 houses constructed for some of the PAPs at Kirama village in Kigwera Sub County, Buliisa District.
Out of 205 houses Total Energies only handed over 105 houses and titles to people whose primary residence impacted during the identification of land for the construction of the Tilenga Project facilities and associated infrastructure in Buliisa District. The completion and handover of the remaining 100 houses is planned for end of August 2023.
This clearly shows that a number of PAPs have not yet received their compensation and the government has just given them only one month.
It should be noted that about 623 people in Kasenyi village in Buliisa District in western Uganda were affected when government acquired 320 hectares of land in Kasenyi village in Ngwedu sub-county in Buliisa to pave way for the construction of the Tilenga central processing facility-CPF.
The facility will be used to process crude oil produced from Buliisa and Nwoya districts to extract water, gas and other impurities, before being piped to the refinery in Kabaale, Hoima District.
In addition to the CPF that will process 190,000 barrels of oil and 700,000 barrels of total liquid per day, the Tilenga project needs land for 426 well pads; 160 kilometers of flow lines which will transport crude oil and water from the wells to the CPF among others.
In 2017, the government of Uganda used its powers to compulsorily acquire land located at Kasinyi village, Nile parish, Ngwedo sub-county, Buliisa district to pave way for the Tilenga oil project. The government committed to offer the PAPs fair and adequate compensation before possession of the land as provided for under Article 26 of the constitution of Uganda.
Unfortunately, the government defaulted on her own commitments to pay fair, prompt and adequate compensation contrary to Article 26 of the constitution of Uganda and other relevant laws leading to violation of their constitutional rights.
As a result, the PAPs rejected the proposed compensation on grounds that it was unfair, not prompt and inadequate.
Thereafter, the government of Uganda through the Attorney General filed a case against them for rejecting the proposed compensation. This case was filed in the high court of Uganda at Masindi.
Notably, on April 30, 2020, the High Court ruled that in cases where there is a disagreement between the government and any landowner affected by compulsory land acquisition, the government has a right to deposit any compensation amount assessed by the Chief Government Valuer (CGV) in court and can then proceed to evict the affected landowner
Unfortunately, the PAPs were not able to get a lawyer to file an appeal in time regarding the High Court’s decision. Although it was out of normal time for the PAPs to appeal, they managed to get a lawyer and in June 2021, they filed an application in the court of Appeal expressing their dissatisfaction of the High Court ruling.
Sadly, it is now close to three (3) years now and they are yet to get justice and they continue to face untold sufferings like Evictions from their land, Floods from floods from the Tilenga Industrial Area, Children out of school, Intimidation of the PAPs by the security and food insecurity among others.
Therefore, the government, Total Energies and the judiciary should expeditiously address the concerns of the PAPs before the eviction.
Doreen Namara is a legal officer at Africa Institute for Energy Governance
