East Africa

East Africa

Details: East Africa; 22 February 2024; 575

Amnesty International is urging the rapid operationalization and capitalization of the international Loss and Damage Fund meant to remedy the harms faced by communities most severely affected by climate change, after higher-income states which are primarily responsible for causing the climate crisis missed a deadline to nominate their representatives to its board.

Following the hottest year ever recorded globally the need for action is acute, but this failure to act swiftly on an agreement at the COP climate summit in November to press ahead and deliver a working Loss and Damage Fund, initially hosted by the World Bank, threatens to undermine the human rights of communities which desperately need resources to deal with the impacts of climate change.

"The full operationalization of an adequately financed Loss and Damage Fund is potentially a matter of life or death for millions of people around the world facing the most severe consequences of global warming, such as droughts, floods, rising sea levels, ocean acidification, desertification and loss of livelihoods. Delays to the disbursement of funds at the scale needed threaten the rights of people most affected by the increasing weather extremes and environmental degradation caused by our heating climate," said Ann Harrison, Climate Justice Advisor at Amnesty International.

"'Developed' countries pushed back last year against the concerns of human rights advocates about the World Bank's involvement by arguing that the bank's hosting of the fund would help ensure its more rapid operationalization. These states got want they wanted, and yet are jeopardizing progress. Communities on the frontline of the climate crisis should not have to wait as lives and ecosystems are lost while nations which have been the largest historic emitters of greenhouse gases squabble over board seats."

"The fact that only two women have so far been nominated to a 26-member board, despite a mandate for gender balance, is also alarming and should be remedied. Women are among those most susceptible to and worst affected by the climate crisis and should have far more equal representation in the governance of the fund."

The fund's board was due to hold its first meeting in January, but the continuing delay now threatens the entire 2024 timeline set out for the fund, including a June deadline for the World Bank to confirm its willingness to host it under conditions set at the last COP.

Background

The Loss and Damage Fund's board is mandated to have 26 members, comprising 12 from 'developed' states, which bear the greatest historical responsibility for climate change caused by anthropogenic greenhouse gas emissions, three each from Asia-Pacific, Africa, Latin American and the Caribbean, two each from small 'developing' island states and 'least developed' countries, and one from another 'developing' nation not in these categories. An agreement to establish the Loss and Damage Fund was reached at COP27 in 2022. Certain parties pledged limited financing to the fund at COP28 in Dubai last year.

Details: East Africa; 22 February 2024; 375

African Union Commission Chairperson Moussa Faki.

African Union Commission (AUC) Chairperson, Moussa Faki, has advised foreign powers to stop meddling into African affairs more so those around the conflict in the Democratic Republic of Congo (DRC).

In a statement on Wednesday, 21 February, Faki said the political differences in Africa can be resolved by dialogue and not military solutions or interferences by foreigners.

“AU Commission chair Moussa Faki calls upon all foreign powers to completely abstain from all interference in the internal affairs of all African countries, notably those of the Great Lakes Region,” the statement read.

Further, the leader urged heads of DRC and Rwanda, in particular, to prioritise dialogue within the framework of the two African mechanisms led by President Joao Lourenco of Angola and former President Uhuru Kenyatta.

“The chairperson of the AUC reiterates his call for rapid de-escalation. He calls upon regional leaders, particularly those of DRC and Rwanda, to prioritise dialogue in the framework of the two African mechanisms… to agree on the modalities of a peaceful and lasting solution to the crisis,” the statement read.

The statement comes amid a surge of violence in Eastern DRC, where the Congolese armed forces (FARDC) are battling the M23 rebel group.

Numerous ceasefires brokered by regional leaders and the United States in 2022 and 2023 have been initiated but were frustrated by the ineffectiveness of troops, deployed to enforce the withdrawal of the rebels.

The conflict has displaced hundreds of thousands of people and claimed dozens of lives, raising fears of a humanitarian crisis. By Esther Nyambura, The Standard

Details: East Africa; 21 February 2024; 412

Damage is seen following an army attack in El Daein. (Social media)

The Rapid Support Forces (RSF) said on Tuesday that at least 11 people were killed and dozens wounded in Sudanese army air raids on the city of El Daein, the capital of the East Darfur state and hometown of RSF leader Mohamed Hamdan Dagalo, also known as Hemedti.

The army confirmed that it carried out strikes on military targets in El Daein, saying it “hit and completely destroyed a weapons depot belonging to a terrorist militia”

The army’s WhatsApp channel said several “field commanders and Dagalo terrorist mercenaries” were killed in the attack.

In a post on the X platform, the RSF said nine of the victims were members of the same family and included women and children. Dozens of innocent civilians were wounded and hundreds of homes were damaged in the attack.

It accused the army of targeting the “al-Neem” refugee camp, a hospital and water plant in El Daein.

The city is the hometown of the Rizeigat tribe, whose members make up the majority of the RSF commanders and fighters.

The RSF accused the army of repeatedly attacking civilians with explosive bombs in “deliberate cowardly criminal acts.”

“The attack is the latest in the series of crimes committed by [army commander Abdul Fattah al-Burhan's] militia and remnants of the former regime,” it added.

It called on international rights and human rights groups to “condemn these barbaric extremist acts against innocent people.”

The RSF captured El Daein after the army retreated from it in November.

Activists on Facebook said the army’s strikes on Tuesday targeted residential areas, while others said they hit RSF positions, causing losses in lives and damaging military equipment.

Separately, witnesses said clashes erupted again in the capital Khartoum. They said the RSF shelled army positions with heavy artillery in the general command area. By Mohammed Amin Yassin, Asharq Al-Awsat

Details: East Africa; 21 February 2024; 423

The appellants are also expected to file any rejoinders to the counter arguments that are to be submitted by the two states and Dr Mathuki by May 6, 2024.

The EACJ's decision to determine if the lower chamber can hear the case is a relief and procedural minor victory for activists who have suffered bruising defeats in several courts, including in France, where they run to in the hope to stop French oil giant TotalEnergies from developing the 1443km pipeline that is expected to cost $5 billion.

In November 2020, four East African non-governmental organisations (NGOs) filed the court case as part of a series of action s to challenge the construction of the world’s longest heated pipeline that will transport crude oil from Uganda’s oilfields in the west to Tanga port for export to the international markets.

The NGOs include Uganda based Africa Institute for Energy Governance (Afiego) and Center for Food and Adequate Living Rights, alongside Kenya’s Natural Justice activist group and Centre for Strategic Litigation from Tanzania.

“We are happy that the court has set in motion processes to ensure that justice is served for the benefit of communities. Communities and East Africans in general rely on their natural and other resources to make a living and any projects such as the Eacop that threaten these resources should be challenged,” said Afiego CEO Dickens Kamugisha.

Read: Did Ugandan watchdog go soft on Eacop?

The petitioners argue that Eacop violates key East African and international treaties and laws including the EAC Treaty, Protocol for Sustainable Development of the Lake Victoria basin, Convention on Biological Diversity and the United Nations Framework Convention on Climate Change.

They also cite the African Charter on Human and People’s Rights as well as the African Convention on Conservation of Natural Resources in their case filed in November 2020, asking the EACJ to issue temporary and permanent injunctions stopping the development of the pipeline.

On November 29, 2023, the First Instance Division of EACJ dismissed the case, following preliminary objections raised by Tanzania’s Solicitor General Gabriel Malata, arguing that it was time barred and that the court does not have jurisdiction to hear the case.

“We are committed to protect both the environment and the well-being of the people in East Africa. We believe our submissions will help the court understand the environmental impact of the pipeline,” said Farida Aliwa, executive director of Natural Justice.

“We want the court to recognise how the pipeline affects our environment and the delicate ecological balance we work hard to maintain. We are determined to present our case and support the sustainable future of East Africa,” Ms Aliwa added.

A Uganda government lawyer, who declined to be named as he is not cleared to speak on the matter, said the respondents will continue to argue that this case cannot proceed because it was filed out of time, as the First Instance Court found last year and agreed with the Tanzania solicitor general. By JULIUS BARIGABA, The East African

Details: East Africa; 21 February 2024; 426

The Supreme Court has annulled a Court of Appeal decision declaring the National Social Security Fund (NSSF) Act unconstitutional citing jurisdiction infringement.

In a decision rendered on Wednesday, the country’s highest court determined that a consolidated petition contesting the statute fell within the jurisdiction of the Employment and Labour Relations Court (ELRC) and that the Court of Appeal wrongfully assumed jurisdiction on the matter.

“It is our holding that where the Court of Appeal determines that a trial court has acted without jurisdiction in determining a matter, it cannot assume original jurisdiction over the same,” a full bench of the court led by Chief Justice Martha Koome determined.

The Supreme Court further argued that the Appellate Court, having determined the question of contested jurisdiction between the Constitutional Court and ELRC, appeal judges ought to have proceeded to remit the matter to the right court for determination.

“Having so found, the Appellate Court has to remit the case to the court that is clothed with jurisdiction to dispose of the same without going into the merits of the dispute, for doing so may prejudice the fair determination of the case by the court with jurisdiction,” the 7-bench court asserted.

Petitioners in the suit, who included the Kenya Tea Growers Association, had contested the coming into force of the Act citing insufficient public participation.

The Constitutional Court referred two petitions to ELRC which subsequently consolidated a petition in Nakuru and Nairobi for hearing.

The Supreme Court noted that then ELRC Principal Judge Juma Nderi agreed that both judges of the Constitutional Division and those of the Labour Division could hear the matter prompting the decision by the Chief Justice to empanel a mixed bench.

The Court of Appeal declared the establishment of a mixed bench unconstitutional and later annulled a verdict by an ELRC bench on grounds the court lacked jurisdiction.

In its decision on Wednesday, Supreme Court judges however faulted the Appeal Court’s failure to remit the matter to the Constitutional Division of the High Court which it determined as the appropriate forum for the case.

The apex court reinstated the verdict of the ELRC and referred the matter to the Court of Appeal to determine the petition based on the findings of the Employment Court. By Sharon Resian, Capital News