Uganda Oil Production Sharing Agreements

The Supreme Court asked the ministry to provide Greenwatch with copies of the requested production participation agreements. Para. 15 Article 41 of the Ugandan Constitution guarantees citizens the right of access to information held by the State or its organs, unless the disclosure of the information “is likely to affect the security or sovereignty of the State or to infringe the right to privacy of another person”. These exceptions are repeated in the Access to Information Act. Paragraph 10. The Supreme Court has ruled that the oil production sharing agreements are “public documents, given that they are contracted by the Ugandan government of Ugandan officials. Paragraph 8. Subsequently, the High Court found that the confidentiality rules contained in the production allocation agreements did not fall within the limited exceptions available to deny access to information. The Tribunal stated: “A confidentiality clause between two parties cannot in itself legitimize a constitutional right. All conditions between the parties must be in accordance with constitutional and other laws in the country. . Using a confidentiality clause in a treaty without qualifying it under [the exceptions provided for in the Access to the Constitution and Information Act] would render such a confidentiality clause arbitrary, unfair, prejudicial and illegal. Paragraph 13. .

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