Center for Food and Adequate Living Rights et al. v. Tanzania and Uganda

On November 6, 2020, four civil society organizations (Center for Food and Adequate Living Rights (CEFROHT), the Africa Institute for Energy Governance (AFIEGO), Natural Justice, and the Centre for Strategic Litigation) filed a suit against the governments of Tanzania and Uganda in the East African Court of Justice seeking an injunction to stop the East African Crude Oil Pipeline. Plaintiffs allege that the governments, without objection from the Secretary General of the East African Community, who is responsible for oversight of the East African Community Treaty, signed agreements to build the pipeline without proper environmental, social, human rights, and climate impact assessments. The claims arise under Ugandan national law and the East African Community Treaty and its protocols. The civil society organizations are the Center for Food and Adequate Living Rights, the Africa Institute for Energy Governance, Natural Justice, and the Center for Strategic Litigation in Tanzania. On November 23, 2023, the East African Court of Justice dismissed the case on procedural grounds. The Court ruled that the NGOs failed to file the case within the required 60-day objection window following the signing of the pipeline agreements in 2017. The NGOs, however, argue that they only became aware of the full scope of the project in 2020 after a public briefing by the Ugandan government, and thus their filing was timely and justified. Following the dismissal, the NGOs filed an appeal, contending that their claims — including allegations of human rights violations, environmental harm, and lack of public participation — deserve judicial consideration. While the first hearing of the appeal, scheduled for November 2024, was postponed due to technical issues, all submissions have now been filed. A judgment is expected within two months. If the appellate court rules in favor of the NGOs, the case will return to the lower division of the EACJ for a full hearing on its substance. The appeal also challenges the costs imposed on the NGOs by the lower court, a move that drew criticism for being unprecedented in public interest litigation before the EACJ. On February 24, 2025, the Appellate Division of the EACJ heard the appeals filed by the CSOs. The applicants argued that the case was filed in time and compliant with the relevant laws, the First Instance Division court misapplied procedural law, and the previous decision unjustly imposed costs on the public interest litigants. As a result, the applicants are asking for the First Instance Division decision to be set aside and for a full rehearing of the case. The EACJ Appeals decision is pending.