Oil: landowners storm Hoima High court, demand better compensation

Landowners living under the threat of eviction in oil-rich Albertine Graben in Buliisa district have stormed the High court in Hoima to protest against forceful eviction without compensation.

At least 42 families are set to be displaced for TotalEnergies’ Tilenga project which is expected to produce 190,000 barrels of oil per day.    Some of the project-affected persons (PAPs) marched through the streets of Hoima, displaying placards with different messages including; “Stop land grabs”, “Don’t displace us for oil”, “Our land our lives”, “Justice denied”, and “Don’t Drill on Our Rights” among others.  

Fred Mwesige, one of the land owners led the peaceful protest, read out the petition as a handful of court officials helplessly watched the drama unfold at the court. Top on their grievances was the way the High court justice Jessy Byaruhanga handled the petition filed by the Attorney General’s Chambers. Mwesige explained that the court ruling was delivered within four days without granting those (landowners) sued by the government a hearing.  

The Attorney General sued the landowners on December 4, 2023, seeking that court allows the ministry of Energy to compulsorily acquire the land and deposit compensation for project affected persons (PAPs) in court, pending resolution of their disputes.   

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 of 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 dispute 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 require 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 conducts 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 landowners 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.