HISTORIC CLIMATE LITIGATION BEFORE THE EAC COURT OF JUSTICE: CASE NO. 47 OF 2025 FILED AGAINST THE DRC, UGANDA AND THE EAC

 

The Congolese Alert for the Environment and Human Rights (ACEDH), together with two local environmental defenders and leaders of the fishing community, Mr. Uweci Wele Moïse (Lake Albert) and Mr. Kambasu Katsuva Mukura Josué (Lake Edward), hereby inform the public and the media of the opening of decisive legal proceedings for the region. These actors, united under the campaign “Our Land Without Oil”, announce that the East African Community Court of Justice (EACJ), First Instance Division, has officially registered their complaint filed on 27 October 2025 under Reference No. 47 of 2025.

The applicant parties are jointly bringing proceedings against:
- The Republic of Uganda.
- The Democratic Republic of the Congo.
- The Secretary General of the East African Community (EAC).

AN ECOLOGICAL DISASTER CONFIRMED BY SCIENCE

The legal action originates from an ecological disaster directly observed by local communities. In September 2025, at the height of the fishing season, the applicants noted a drastic and unexplained decline in fish catches on Lakes Albert and Edward.

These local observations were corroborated by a scientific report from Environmental Law Alliance Worldwide (ELAW) published on 2 October 2025. This report establishes a direct link between the Tilenga and Kingfisher projects (both located in Uganda, in the Albertine Rift) and major risks of eutrophication (lake asphyxiation caused by algae) and chemical contamination, threatening the food security of millions of people.

These proceedings highlight serious violations of the Treaty establishing the East African Community. The applicants denounce the failure to comply with fundamental obligations related to good governance, sustainable development and the environmental cooperation required for the management of shared resources.

The applicants accuse the respondent States of:
- The total absence of consultation of Congolese communities: While Uganda was developing its infrastructure along the border, riverine populations on the DRC side were never consulted or informed, despite the immediate proximity of the impacts.
- The lack of impact studies on the DRC side: No adequate Transboundary Environmental and Social Impact Assessment has been conducted to measure the consequences of the oil projects on Congolese territory.
- The culpable inaction of the Congolese State: The DRC is accused of failing in its obligation to protect its own citizens. By not engaging with Uganda to de*mand safeguards, the Congolese State left its communities and ecosystems exposed and unprotected against industrial risks.
- Irreversible threats to sensitive ecosystems: Oil activities pose a direct threat to Virunga National Park, Ramsar wetlands and the unique biodiversity of Lakes Albert and Edward, in violation of the principles of prevention and precaution.

The Secretary General of the EAC is also implicated for having failed in his obligation to monitor and ensure compliance with the Treaty by the Member States.

Although presented as an economic lever by the Ugandan authorities and the companies involved, this oil project is denounced as dangerous and anachronistic.

“Without access to information or legal guarantees, this project mortgages our climatic future and contradicts the ‘Solution Country’ posture claimed by the DRC. It is an existential threat to the unique biodiversity of our region and to the very survival of our communities,” declare the applicants.

The applicants request the Court to order the immediate cessation of polluting activities, the conduct of an independent environmental audit and full reparation for the damage suffered by fishing communities.

“We have seen our nets come up empty and our waters become cloudy. This trial is not only for us, but for the survival of Lake Albert, Lake Edward and future generations. We ask the Court to enforce the ‘Polluter Pays’ principle enshrined in our laws.”

Faithful to their mission to place human beings at the centre of environmental protection, and basing their action on the Constitution of the DRC as well as the Paris Agreement and the African Charter on Human and Peoples’ Rights, ACEDH and its partners reaffirm their unwavering determination to obtain justice for affected communities and to ensure the sustainable protection of the ecosystems of the Albertine Rift.

The applicant parties express their full confidence in the EAC Court. They also call for the establishment of strict measures to guarantee the physical and legal security of the plaintiffs, witnesses and supporters involved in this legitimate struggle.