French Court Dismisses Lawsuit Against TotalEnergies: The decision of a French court on February 28th, 2023, marked a pivotal moment in the ongoing saga surrounding Uganda’s oil and gas project. With emotions running high on both sides, the ruling left TotalEnergies jubilant and six non-governmental organizations (NGOs) mourning the dismissal of their landmark case.
The Court Ruling
Procedural Grounds
After lengthy legal battles, the Court deemed the case against TotalEnergies “inadmissible” on procedural grounds, dealing a blow to the plaintiffs’ efforts.
Implications for Uganda’s Project
While the NGOs have the option to appeal, the dismissal paves the way for Uganda’s oil and gas project to proceed as planned, with the first oil expected in 2025.
The Opposition: #StopEACOP vs. #SupportEACOP
Activism and Advocacy
Opposition to Uganda’s oil and gas project has been sustained under the #StopEACOP movement, prompting a counter-campaign, #SupportEACOP.
Pipeline Development
The East African Crude Oil Pipeline (EACOP) is central to Uganda’s oil export plans, spanning across borders to Tanzania’s port of Tanga.
Legal Challenges and International Scrutiny
European Parliament Resolution
In November 2022, the European Parliament passed a resolution halting oil and gas projects, citing human rights abuses and environmental concerns, sparking immediate resistance from Uganda and Tanzania.
Lawsuit Details
Six NGOs from France and Uganda sued TotalEnergies in 2019 under the Duty of Vigilance Act, 2017, alleging violations in their Ugandan projects. This marked the first case prosecuted under the Act.
Duty of Vigilance Act: A Legal Framework
Legal Obligations
The Act applies to large companies, requiring them to establish and implement a Vigilance Plan to identify and prevent risks of severe violations across their operations.
Allegations Against TotalEnergies
Plaintiffs argued that TotalEnergies’ Vigilance Plan failed to address risks associated with its Ugandan project, thus violating French law.
TotalEnergies’ Defense
TotalEnergies refuted the claims, asserting that its Vigilance Plan adequately addresses potential risks to human rights and the environment.
Joint Venture Partnerships
Collaboration and Responsibility
While the lawsuit targeted TotalEnergies, the Uganda project operates under a Joint Venture Partnership involving other stakeholders, including China National Offshore Oil Corporation (CNOOC) and Uganda National Oil Company (UNOC).
Implications for Partners
Any decision in the lawsuit affects not only TotalEnergies but also its partners in both upstream and pipeline projects.
The French court’s dismissal of the lawsuit against TotalEnergies marks a significant development in the trajectory of Uganda’s oil and gas project. As the legal battle continues, the implications for environmental protection, human rights, and international partnerships remain paramount.
