Page 10 - AfrOil Week 01 2021

AfrOil POLICY AfrOil

Civil division of French judiciary can hear

case against TotalEnergies’ Ugandan plans

UGANDA THE French Supreme Court recently ruled that and NAVODA are the adequacy of the environ-
a case filed against TotalEnergies crude oil pro- mental social impact assessment (ESIA) study
ject in Uganda could be heard by the civil divi- of project with disclosure level, money paid as
sion of the judiciary. compensation to landowners and violations of
The court delivered last month its ruling on human rights among others.
the suit filed by six French and Ugandan civil “In the meantime, according to our investiga-
society organisations (CSOs) that revolves on tions, more than 100,000 people are still totally
developing the crude oilfield and building the or partially deprived of their land and liveli-
export pipeline from western Uganda to Tanza- hoods in Uganda and Tanzania,” said Renaud.
nia’s Tanga port. She said CSOs hope the upcoming decision
The Court of Cassation (French Supreme on merits of the case will order TotalEnergies to
Court) on December 15, 2021 ruled against finally take concrete measures to stop violations
TotalEnergies in rejecting the commercial because action is urgently needed.
court’s jurisdiction in favour of the CSOs when The Court of Cassation ruling sends back
directing the civil court of Nanterre to hear the the case to the civil court of Nanterre, where a
legal suit. hearing dealing with merits of the case should
“As violations continue and intensify in be held in coming months. ™
Uganda and Tanzania, the case will now return
to the civil court, which will examine it on [its]
merits,” said Friends of the Earth France in a
press release.
The lobby group said the development is
first a legal action based on law on the duty of
vigilance of transnational corporations, ending
a two-year long procedural battle as the Court
of Cassation rejected the commercial court’s
jurisdiction.
The decision is coherent with the provision
recently adopted by French Parliament in a new,
soon to be enacted procedural law, which gives
jurisdiction to the Paris civil court for all cases
based on the duty of vigilance law.
“The Court ruled in favour of civil society
organisations by recognising “right to choose”
(‘droit d’option’) that they enjoy as non-commer-
cial claimants,’’ said Friends of the Earth France
senior campaigner Juliette Renaud.
The issues being contested by Friends of the
Earth France, Survie, AFIEGO, CRED, NAPE The French company is developing the Tilenga oilfield (Image: TotalEnergies)

OPEC picks new leader as restrictions ease

GLOBAL OPEC has elected a new secretary-general, Co-operation” into 2023 is one of his top pri-
voting in Kuwaiti industry veteran Haitham orities. “It’s in the wider interest of the industry
al-Ghais, who will replace Nigerian Mohammed and all the 23 countries that have signed up to
Barkindo in August. His election was announced this agreement,” he added. He also said he would
a day before the group and its OPEC+ partners work to “preserve and nurture” ties with Russia.
decided to proceed with their planned easing of The secretary-general-elect spoke of his
output restrictions in February. “unwavering” commitment to the Joint Techni-
Al-Ghais told Reuters that support- cal Committee (JTC) and the Joint Ministerial
ing “the continuation of this Declaration of Monitoring Committee (JMMC).

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