* Admissibility date reflects the date the case was officially registered. All other dates pertain to the date in which a stage was completed.
On 2 December 2009, NAPE (Uganda), Counter Balance (Europe), CLAI (Italy), Sherpa (France), and legal representatives of locally affected people launched a complaint with the EIB Complaints Mechanism (EIB-CM). The complainants alleged non-compliance with a substantial number of the EIB's policies, standards, guidelines and procedures, leading to:
- Failure to meet European development objectives
- Failure to assess the economic and environmental soundness of the project
- Failure to guarantee fair compensation to affected communities
- Failure to ensure the implementation of the mitigation measures.
On that basis, the complainants asked to suspend disbursements on the project until the above issues had been satisfactorily addressed.
Having reviewed all available information, the EIB-CM launched an Initial Assessment which included a fact-finding visit to Bujagali. On the basis of an Initial Assessment, the EIB-CM identified the major areas of concern, including negative environmental, social and developmental impacts, mostly regarding the project implementation, for which specific investigation work was undertaken:
- Economic feasibility and affordability
- Resettlement Action Plan (Naminya Community)
- Compensation of T-line affected people
- Spiritual matters
- Blasting effects (mainly Malindi Community)
- Kalagala Offset
In particular, the EIB-CM took the outcome of past investigations by the World Bank’s Inspection Panel (WB-IP) and by the African Development Bank’s Independent Recourse Mechanism triggered by a similar complaint into account.
Conclusions and Recommendations
The areas of concern identified during the EIB-CM Initial Assessment in 2010 regarding concrete environmental and social impacts have been the subject of dialogue and follow-up between the EIB-CM, the financiers, the borrower and the local authorities. All of those issues have been resolved in line with EIB-CM suggestions and/or recommendations:
- Resettlement of project affected people - now fully addressed;
- Impacts of project blasting activities – successfully concluded in May 2013 through a collaborative resolution process which was handled and facilitated by the EIB-CM;
- Compensation of Transmission Line affected people (connecting Bujagali to the network) - now fully addressed by the national authorities in line with EIB-CM recommendations;
- Implementation of the Kalagala offset - now fully addressed in line with EIB-CM recommendations;
- Consideration given to spiritual issues - now fully settled.