REFERENCE NO. 39 OF 2020 CENTER FOR FOOD AND ADEQUATE LIVING RIGHTS (CEFROHT) & 3 OTHERS v. THE ATTORNEY GENERAL OF THE REPUBLIC OF UGANDA & 2 OTHERS

The Applicant alleges that the signing of the Host Government Agreement by the 1st Respondent and the Intergovernmental Agreement between the 1st and 2nd Respondent to build a pipeline that goes through protected areas and has adverse impacts on the livelihoods, biodiversity, climate change and social economic aspects is a violation of the provisions of the EAC Treaty and Protocols therein. They also allege that the signing of the Host Government Agreement by the 1st Respondent and the intergovernmental agreement by the 1st and 2nd Respondent without a certificate of approval of the Environmental and Social Impact Assessment is a violation of the EAC Treaty and Protocols therein. Moreover, that the signing without notification, submission, and approval of the environmental and Social Impact Assessment by the 3rd Respondent and the Council of Ministers violates the provisions of the EAC law because the EACOP project have deleterious environmental and ecological effects. Thus, the Applicants allege that there has been an infringement of Articles 5(3)(c), 6(d) & 7 (2), 8 (1)(c), 23, 27(1), 30, 39, 71(1) (d), 101, 111(1)(b) & (d), 114(1) & (2). 105(2), 112, 114, 116, 120 (c) of the EAC Treaty, Articles 2, 3, 4, 6(a), (e), (c), 12 and 13 of the Protocol for Sustainable Development of Lake Victoria Basin to the EAC Treaty (2003), Articles 24, 25, 31, and 40(3) of the Protocol on Environment and Natural Resource Management to the EAC Treaty; and Rule 4, 25(1), (2) & (3), 132, and 133 of the East African Court of Justice Rules of Procedure (2019).