Civil society organisations (CSOs) under the Save Bugoma Forest Campaign (SBFC) have withdrawn an appeal relating to Bugoma Central Forest Reserve from court.
The CSOs include Africa Institute for Energy Governance (AFIEGO), National Association of Professional Environmentalists (NAPE), as well as Water and Environment Media Network (WEMNET)
According to a statement, the CSOs said the decision arises from frustration with the prolonged litigation, which has allowed Hoima Sugar Limited (HSL) to continue destroying Bugoma central forest reserve, rendering the subject matter of the appeal overtaken by events.
They also said their prolonged stay in the judicial system has affected other advocacy efforts, necessitating its withdrawal.
The case
In August 2020, the National Environment Management Authority (NEMA) illegally issued an Environmental and Social Impact Assessment (ESIA) certificate of approval to HSL for its Kyangwali Mixed Land use project.
The certificate permitted HSL to engage in activities such as sugarcane growing, urban development, and other potentially harmful operations in Bugoma forest.
In September 2020 therefore, the SBFC through AFIEGO, NAPE, and WEMNET filed a case at the High Court of Uganda seeking cancellation of HSL’s ESIA certificate of approval.
The CSOs argued that NEMA’s ESIA certificate of approval to HSL violated several provisions of Uganda’s environmental laws such as regulation 10 of the 1998 Environmental Impact Assessment (EIA) regulations
which requires that an environmental impact study be conducted following the terms of reference developed in consultation with NEMA and the lead agency.
They say despite presenting these and other arguments, the High Court “with clear bias ruled against
the CSOs on May 7, 2021, refusing to cancel HSL’s ESIA certificate.”
The ruling left Bugoma forest under destruction and the destruction is ongoing todate.
Following the High Court decision, AFIEGO, NAPE and WEMNET appealed to the Court of Appeal in May 2021, seeking to overturn the High Court’s decision. The CSOs requested the Court of Appeal to cancel HSL’s ESIA certificate of approval to stop the destruction of Bugoma forest.
Since 2021 todate, AFIEGO and other appellants have continued to engage relevant authorities including the Chief Justice, Deputy Chief Justice and other government officials to expedite hearing of the appeal to save Bugoma forest, but the efforts have been in vain.
“As a result of the delays, HSL has continued to destroy the forest, and has violated the conditions in its ESIA certificate of approval,” the CSOs said in a statement.
Dickens Kamugisha, the SBFC chairperson, said “withdrawing the appeal had been painful and difficult, but it was necessary.
“The courts in Uganda have demonstrated that they are unwilling to support forest conservation efforts due to the failure to hear and conclude cases. Having withdrawn the case, we will redirect our resources to other much-needed efforts to stop the ongoing destruction of Bugoma forest,” he said.
Joshua Mutale of WEMNET said they had withdrawn the appeal because the judiciary has failed in its duty of hearing cases without delays.
“It is unfortunate that our judicial system remainsinsensitive and weak which has resulted into worsening destruction of critical ecosystems such as forests, national parks, wetlands, lakes, rivers and others,” Mutale said.
