Coming up for hearing: on 2nd March 2022.
Application filed: 6th November 2020.
Articles: 5(3) (a) & (c), 6 (d), 7(1) (a), (d) & (2), 8(1) (c) & (4), 23, 27(1), 30, 39, 101(1), (2), 116, 120 (a), 130(1), 151(4) of the Treaty for the Establishment of the East African Community.
Rules: 4, 25 (1), (2) & (3), 27 (1), 52(1), (2) & (3), 53(1) and 84(1) of the East African Court of Justice Rules of Procedure, 2019.
Subject matter: Temporary Injunction.
Application for a temporary injunction restraining the 1st and 2nd Respondents from constructing the crude oil pipeline until determination of the main Reference. Further, an order be issued against the 1st and 2nd Respondent to provide the Applicants with Host Government Agreements and Inter-governmental Agreement between the 1st and 2nd Respondents, and any orders the court deemed necessary.
The main Reference challenges a decision to construct an East African Crude Oil Pipeline (EACOP) in the Republic of Uganda and in the United Republic of Tanzania for undue regard to East African law, international environment and human rights law. The project is alleged to be environmentally untenable and will transverse protected areas in East Africa, with undue regard to livelihoods, gender, food security, children and public health of East Africans. That, the pipe will pass through areas of settlements, farmlands and water sources for thousands of indigenous people and there has been no regard to their rights and will transverse legally protected forest reserves, rivers and lakes that are water sources for thousands of people, animals and wildlife habitats.
It is the Applicants submission that, they have a prima facie case as the people where the project is designed and environment will suffer irreparable damage if this Application is not granted, and the Reference raises issues affecting livelihoods and the environment including; permanent loss of habitants, stress and morality to flora and fauna, loss of primary productivity in water courses, loss of ecological function among others. Further, if the 1st and 2nd Respondents, employees or argents are not stopped from the construction, the people of Uganda and Tanzania shall suffer substantial and irreparable loss and damages to the environment, wiping out of protected animal species and forest reserves, damaging the ecosystem and loss of livelihoods. Following that, the 1st and 2nd Respondents have signed the Host Government Agreements and Inter-governmental for the EACOP, the main Reference will be rendered nugatory if the temporary injunction is not issued and the balance of convenience favors the Applicants.
The Applicants also blame the 3rd Respondent for failure to monitor the EACOP project and its inaction and loud silence is alleged to be an infringement of Article 71(1) (d) of the Treaty for the Establishment of the East African Community.
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