On 1st March 2010, the district experienced a major landslide of unprecedented magnitude burring three villages (Kubehwo, Namakansa and Nametsi) killing 400 people and leaving 5000 others displaced [15]. In 2012, a landslide left 450 people dead and many others displaced. In October 2018, 42 people were reportedly killed and more than 500 others were displaced. In December 2019, [6] people died in landslides following heavy rainfall, destroying several houses and crops. In 2020, more than 850 people were permanently displaced by landslides [16]. Between 2008 and 2020, more than 400 major landslides have been reported in Mount Elgon where Bududa district is located killing close to 1000 people [16].

https://bmcpsychology.biomedcentral.com/articles/10.1186/s40359-022-01001-5#:~:text=In%20October%202018%2C%2042%20people,displaced%20by%20landslides%20%5B16%5D.

Tsama William and Others v. Uganda’s Attorney General and Others (Uganda Petition)

Uganda High Court of Uganda at Mbale

Violation of Human Rights

Since 1993

On the 14 October 2020, the applicants, victims of recurrent landslides in Uganda, filed a claim against the Ugandan government alleging that the respondents failed to put in place an effective machinery against landslides, and that the respondents’ acts and/or omissions led to the violation of applicants’ fundamental rights. Most relevantly, there is explicit mention of climate displacement caused by the landslides. The human rights violations include the rights to life, property, physical and mental health, and clean and healthy environment were infringed when the landslides occurred.

In the Ugandan Petition, the claimants assert that the Ugandan government is responsible for the infringement of the right to property. Specifically, they allege that the Ugandan government is responsible for the harm caused to the property as they failed to discharge their positive obligations under the right to life to put in place effective machinery that would have protected their property from landslides, as noted above (Uganda Petition, Issue No 3, p. 24). To provide support for this allegation they cite numerous international law instruments, in addition to Article 17 of the UDHR, which include:

(a) Article 19(c) of the Sendai Framework for Disaster Risk Reduction 2015–2030 (69/283) adopted by United Nations General Assembly on 3 June 2015, that provides “Managing the risk of disasters is aimed at protecting persons and their property, health, livelihoods and productive assets, as well as cultural and environmental assets, while promoting and protecting all human rights, including the right to development” (91 Id, Issue No 2, p. 22(a).); and (b) Article 14 of the African Charter of Human and People’s Rights of 1981, which protects the applicants’ right to property (Id, Issue No 2, p. 22(e)).

20 persons killed

UGX 2,400,000,000 (Uganda shillings two billion four hundred million) = €580,925

Uganda Petition, https://climatecasechart.com/wp-content/uploads/non-us-case-documents/2021/20210503_Miscellaneous-Cause-No.-024-of-2020_application-1.pdf; http://climatecasechart.com/non-us-case/tsamawilliam-and-others-v-ugandas-attorney-general-and-others/.

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