Coming up for Delivery of Judgment on: Friday 7th March 2025
Lodged on: 28th July, 2020
Articles: 5(1), 3(a)&(d), 6(d), 7(1)9A) & (2) ,8(1)(a) &(c), 23, 27, 30,38(2) ,39, 111,114, 119(c) & (f), 123(3)(c) ,130(1) & (4) of the Treaty for the Establishment of the East African Community and 8, 14, 16 ,17(2) & (3), 21, 22 and 24 of the African Charter on Human and Peoples Rights
Rules: 4, 25, 27 of the East African Court of Justice Rules of Procedure 2019.
Subject Matter: Alleged failure by the Respondent to preserve the Bugoma Forest
The Applicants allege that the action by the Government of the Republic of Uganda of permitting private investors (Messrs. Hoima Sugar Ltd) to destroy the Bugoma natural forest for sugarcane plantations without consulting the Bunyoro and entering into a lease agreement, violates the right of Bunyoro peoples to the sustainable development and also the East African Community Treaty under Articles 5(1), 3(a)&(d), 6(d), 7(1)9A) & (2),8(1)(a) &(c), 23, 27, 30,38(2),39, 111,114, 119(c)&(f), 123(3)(c) ,130(1) & (4). Prior consultations with the local Indigenous people for whom the forest is indescribable and /or inviolable cultural and religious was a sine qua non-condition to release the area to a private investor.
The Applicants therefore pray that the Court makes declarations condemning the actions of the Government of Uganda and grant orders among others an order that the Respondent publicly apologizes for the violations, a permanent injunction restricting the Respondent and the sugarcane company from proceeding with the sugarcane plantation project, a structural interdict directing and ordering this honorable court to remain seized of this matter for some time and any other orders and/or remedies that this court may see fit to give.
The Respondent denies every contention raised by the Applicant in the Reference and contends that the matters raised in the Reference are time-barred, hence not maintainable and that the Reference is devoid of evidence, absurd and incompetent. He prays the Honorable Court to dismiss the reference with cost.
This is a document produced by the Registry to assist in understanding forthcoming matters before the Court. It does not bind the Court. For authoritative Decisions, Judgments and general information about the Court please visit https://www.eacj.org Contact: Registrar, East African Court of Justice, P.O. Box 1096 Arusha, Tanzania Tel: +255 27 2506093 Fax: +255 27 27 2509493 Email: eacj@eachq.org