Greenwatch attempted to copy oil-sharing agreements that allowed oil and gas exploration and development in the Albertine region of Uganda. The Ministry of Energy and Mineral Development refused to disclose specific agreements it had negotiated with individual oil companies and provided Greenwatch with a copy of a typical production agreement (i.e. a contract model). The department stated that it could not disclose any specific agreement on production sharing, as it is held responsible for breaching confidentiality rules under the contracts. The High Court instructed the department to disclose copies of the requested production-sharing agreements to Greenwatch. 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 “may infringe the security or sovereignty of the state or infringe the privacy of another person.” These exceptions are included in the Access to Information Act. by. 10. The High Court stated that the oil production sharing agreements were “public documents” as they were mandated by the Ugandan government by officials for Uganda. by. 8. The High Court then found that the confidentiality provisions contained in the production allocation agreements did not comply with the narrow exemptions available for denying access to information.

The Court stated: “A confidentiality clause between two contracting parties alone cannot create a constitutional right. All conditions between the parties must comply with constitutional and other laws in the country. The use of a confidentiality clause in a contract without characterizing it within [the exceptions in the Constitutional Access and Access to Information Act] would render this confidentiality clause arbitrary, unfair, damaging and illegal. By. 13. Greenwatch v. Attorney General, Misc. Cause No 232 of 2009 (13 August 2020) High Court of Uganda at Kampala.