AFIEGO & IDF s quarterly newsletter

AFIEGO & IDF s quarterly newsletter

In December 2015, a consultant hired by the Ministry of Energy approached community members from 12 villages in the sub-counties of Buhimba and Kizirafumbi in Hoima district. The consultant informed members of the 12 villages including Ibanda, Karama, Butimba, Kisambo and Kigwera among others- that the Ministry of Energy was planning on compulsorily acquiring their land for oil pipelines. As soon as the sub-county leaders heard this news, they contacted AFIEGO to guide and train them on ways in which they can ensure that the property and other rights of their communities are respected. Over five meetings, AFIEGO did as the sub-county leadership of Buhimba and Kizirafumbi requested. We traversed through the villages named above, educating community members about their property rights and ways they can access justice during the impending land acquisition process; as earlier indicated, land is required for oil pipelines and other infrastructure. Ÿ Ÿ discussions on property rights amidst oil pipelines developments were held while in another radio talk show, the role of Social Impact Assessments in enabling respect of human rights during the land acquisition process for the oil pipelines was discussed. Publication of a policy brief on The Role of Social Impact Assessments in Promoting Human Rights. Publication of newspaper articles calling for quick resolution of the refinery-affected people's case in which they are demanding that government compensates those who rejected compensation and relocates those who requested for relocation RESULTS What results were realized from these meetings? A number of results were realized and these include the following: Ÿ Formation of a taskforce to see to it that the human rights of people to be affected by the oil pipeline development process are respected. We had to reach the most vulnerable community members and as such, we travelled from village to village, ensuring that community members who could not travel to town centers were reached with our message about ways property rights can be ensured during the oil pipeline development process and in other processes where government compulsorily acquires land, Dickens Kamugisha, the CEO of AFIEGO, says. Ÿ Setting of strict conditions that government must meet before it can take land from Buhimbanda and Kizirafumbi for the oil pipelines and other ACTIVITIES What types of activities did AFIEGO implement to enable communities understand their rights and see that they are respected? Ÿ As stated earlier, we held five meetings in the villages of Ibanda, Karama, Butimba, Kisumba and Kigwera to educate community members on their property rights. Ÿ We also supported three radio talk shows at Spice FM in Hoima; in two of the radio talk shows, Ÿ Putting the onus on government, through writing to them, to prove certain conditions before it considers compulsorily acquiring their land 1

The strict conditions that the communities set before government can acquire their land include the following: Ÿ The district must consult the affected communities while setting the rates to be used for compensation; Ÿ G o v e r n m e n t m u s t c o n d u c t b o t h a n Environmental Impact Assessment (EIA) and a Social Impact Assessment (SIA) before any activity on their land; Ÿ Provide a rehabilitation and resettlement scheme plan; Ÿ Set a time frame within which to pay compensation and resettle affected people. The communities were informed by the Draft Resettlement and Rehabilitation Bill that AFIEGO and parliamentarians are working on to ensure that resettlement of project-affected people is done in a manner that sees that rights are respected and that justice is served. It is important to note that government was served with these conditions, setting in a motion a process to see that the human rights of the communities set to be affected by the oil pipelines are respected. The conditions government should prove before compulsorily acquiring land include the following: Ÿ Whether the proposed acquisition serves a public purpose; Ÿ Estimation of affected families and the number of families among them likely to be displaced; Ÿ Extent of lands, public and private, houses, settlements and other common properties likely to be affected by the proposed acquisition; Ÿ The number of vulnerable people including children, child-headed families, women, widows, elderly, disabled and others, and how those people will be facilitated should the project proceed; Ÿ Whether the extent of land proposed for acquisition is the absolute bare minimum needed for the project; Ÿ Whether land acquisition at an alternate place has been considered and found not feasible; Ÿ Study report of environmental and social impacts of the project, and the nature and cost of addressing them and the impact of these costs on the overall costs of the project vis-avis the benefits of the project; Ÿ Particulars of the rehabilitation and resettlement entitlements of each land owner and landless whose livelihoods are primarily dependent on the lands being acquired. ACHIEVEMENTS The activities implemented by AFIEGO in the fourth quarter resulted in the following achievements: Ÿ Strengthened ability of the sub-county leaders of Buhimba and Kizirafumbi sub-counties to fight for the land rights of their communities due to increased knowledge on land rights Ÿ Strengthened ability of communities in Buhimba and Kizirafumbi sub-counties to fight for their land rights during the impending oil pipeline development process due to increased knowledge on land rights Ÿ Increased appreciation of the role Social Impact Assessments can play in upholding of human rights of the communities of Buhimba and Kizirafumbi whose land is set to be acquired for oil pipelines CHALLENGES While strides were made in seeing that the human rights of communities whose land is set to be acquired by government are respected, a number of challenges remain. Key among these is the failure by the judiciary to expeditiously hear the refineryaffected people's case resulting in continued suffering of the same people. Despite the challenges, AFIEGO will continue to empower communities to see that they lead a dignified life where their rights are respected. AFIEGO will also continue to pursue efforts aimed at ensuring good governance in the energy sector for the benefit of all Ugandans. 2

COMMUNITY LEADERS OF KIZIRANFUMBI AND BUHIMBA SUB-COUNTIES STRENGTHENED TO PROTECT AND DEFEND LAND RIGHTS AMIDST OIL PIPELINE DEVELOPMENTS B u h i m b a s u b - c o u n t y L. C. 3 chairperson, Mr. David Atuhura (front), at a training of community leaders of Kiziranfumbi and Buhimba subcounties on land rights amidist oil pipeline developments at Kolping Hotel in Hoima on January 28, 2016. The training aimed to discuss the role of community leaders in promoting land rights and how they can work with District land Boards (DLBs), Area Land Committees (ALCs) and Bunyoro Kitara Kingdom to ensure that land rights and access to justice is protected and achieved. As a result, there was Strengthenedability of the sub-county leaders of Buhimba and Kizirafumbi sub-counties to fight for the land rights of their communities due to increased knowledge on land rights. REFINERY-AFFECTED PEOPLE IN EFFORTS TO PREVENT NEGATIVE EFFECTS FROM OIL PIPELINE PROJECT Esther Abigaba (front), a refinery-affected person who has not been compensated for her property, shares the suffering women go through when compensation and resettlement processes go wrong during a January 28, 2016 meeting at Kolping Hotel in Hoima. Communities set to be affected by oilsector projects are interested in hearing experiences of communities which have been affected so that they can prepare themselves to avoid negative effects 3

MINISTRY OF ENERGY INFORMS BUNYORO COMMUNITIES OF PLANS TO ACQUIRE THEIR LAND FOR OIL PIPELINES, OTHER INFRASTRUCTURE Mr. Moses Dhakasi, a government contractor working with Newplan Uganda Ltd, addresses a land acquisition and compensation meeting convened by AFIEGO on December 4, 2015 at Buhimba sub-county in Hoima district. Dhakasi informed the over 287 Buhimba sub-county community members who attended the meeting about government plans to acquire 133 meters of land over a length of 12 villages for pipelines, dual road lanes and power lines. REFINERY-AFFECTED PEOPLE IN COURT FOR MEDIATION HEARING Refinery-affected people and AFIEGO staff at a mediation hearing at Kampala High court on January 27, 2016 which was skipped by government. The refinery-affected people took government to court in 2013 over delay to relocate them and over low compensation and over the course of the case, government has frustrated the people's efforts to get justice. The refinery-affected people were disappointed that at a time when p r e s i d e n t Yo w e r i M u s e v e n i i s promising to address land issues in Bunyoro, government is failing to address their land issue. Their case will be heard on February 2, 2016. 4

BUNYORO LEADERS ASK AFIEGO FOR TRAINING IN PROPERTY RIGHTS After receiving news that their subcounties could host the oil pipelines, the sub-county leadership of Buhimba and Kizirafumbi requested AFIEGO to sensitize community members on ways they can ensure their property rights are respected during the land acquisition process for the oil pipelines. Mr. Francis Twesige (picture above) and Mr. David Atuhura (picture below) the L.C 3 chairpersons of Kiziranfumbi and Buhimba sub-counties respectively requested AFIEGO to sensitize their communities. Here, Twesige is at a property rights amidst oil developments sensitization meeting at Kisambo village, Kizirafumbi sub-county, Hoima district on January 6, 2016. Atuhura is at a property rights amidst oil developments sensitization meeting at Karama B village, Buhimba sub-county, Hoima district on January 27, 2016. C o m m u n i t i e s c o m p l a i n e d t h a t government and Newplan officials access their land without prior notice. The leaders vowed to work with their people and ensure that people's rights are respected and government follows the right procedure in acquisition of their property. 5

AFIEGO TRAINS BUNYORO COMMUNITIES TO BE AFFECTED BY OIL PIPELINES ON PROPERTY RIGHTS AFIEGO's Mr. Dickens Kamugisha (above) and Mr. Michael Businge (below) train communities on their property rights in Karama B and Ibanda villages respectively; the trainings took place on December 15 and 16, 2015 respectively. At the trainings, the community members were told of their rights such as those of being involved in the Environment and Social Impact Assessment processes, being involved in determination of compensation rates and being given timely and adequate compensation. AFIEGO held five property rights amidst oil developments in five villages in Buhimba and Kizirafumbi sub-counties including Karama B, Ibanda, Kisambo and Wambabya villages among others. 6

OIL CONSULTANT TRAINS COMMUNTIES TO BE AFFECTED BY PIPELINES' PROJECT ON IMPORTANCE OF ENVIRONMENTAL, SOCIAL IMPACT ASSESSMENTS Mr. Robert Byaruhanga, (standing), a consultant in oil and gas from AFIEGO, training community members of Karama B village, Hoima on December 1 5 2 0 1 5 o n t h e i m p o r t a n c e o f Environmental Impact and Social Impact Assessments in enabling respect of human rights during land acquisition processes by government. He educated them and on the role they can play during these processes. CLERIC DECRIES LACK OF CUSTOMARY LAND CERTIFICATES IN BUNYORO Rev. Fred Musimenta at an AFIEGO property rights amidst oil developments sensitization training at Butimba Church of Uganda, Wambabya village, Kizirafumbi sub-county, Hoima district on January 6, 2016. He called on the responsible authorities to facilitate community members to acquire customary land certificates to strengthen land security. 7

WOMAN COUNCILLOR CALLS FOR RESPECT OF WOMEN'S RIGHTS IN OIL PIPELINES' LAND ACQUISITION PROCESS M r s. O m u h e r e z a K o b u s i n g y e (standing, in green), woman councilor for Buhimba sub-county, at a December 15, 2015 meeting in Karama B village where she called for respect of women's rights during the oil pipelines' land acquisition process. She said that as a vulnerable group, women's interests have to be given special attention during the project. BUNYORO LEADERS IN PROPERTY RIGHTS SENSITIZATION RADIO TALK SHOW Buhimba sub-county L.C 3 chairperson Mr. David Atuhura and Mrs. Omuhereza Kobusinge, woman councilor of the same sub-county, during a January 27, 2016 radio talk show at Spice FM (Hoima) where they sensitized people about some of their property rights in the face of impending oil pipelines and other infrastructure developments for the oil sector. 8

BUNYORO LEADER IN RADIO TALK SHOW ON IMPORTANCE OF SOCIAL IMPACT ASSESSMENTS (SIAs) Kizirafumbi sub-county L.C. 3 chairperson, Mr. Francis Twesigye (left in background) and AFIEGO's Michael Businge (right in background) and a radio presenter at Spice FM (foreground) during a radio talk show which he gave an in-depth presentation of the role social impact assessments can play in enabling respect of human rights during the oil pipeline development process. This was on January 28, 2016 at Spice FM 9

Refinery-affected people lobbied the Ministry of Energy to avail them with information on names of refinery affected people who asked for relocation and are going to be given land, land titles and houses, the house plans and the exact date on which they will be relocated. In a letter to NEMA, the people of Buhimba sub-county, Hoima district, demanded that NEMA conducts a Social Impact Assessment and an Environment Impact Assessment with the full participation of Buhimba community members before government surveys and assesses their land to be acquired for oil pipelines and other infrastructure for the oil sector. AFIEGO also made policy recommendations for actions against land conflicts associated with compulsory land acquisition through a policy brief. 10

Our staff used the media to lobby for the relocation of the refinery-affected families and to compensate those who had not been compensated yet. Doris Atwijukire pointed out that government was exhibiting double standards, attending the UN meeting to adopt the Sustainable Development Goals yet it was disrespecting the rights of the refinery-affected people while Sandra Atusigunza advised the judiciary to heed the Chief Justice's calls and resolved the refinery-affected people's case as expeditiously as they could. 11

February 2, 2016: Hearing of the refinery-affected people's case regarding low compensation and delayed relocation against government at the Kampala High court February 4, 2016: Experts meeting to design a workplan to realize respect of human rights in the land acquisition process for the impending oil pipelines project Africa Institute for Energy Governance (AFIEGO) is a public policy research and advocacy NGO dedicated to influencing energy policies to benefit the poor and vulnerable. Based in Kampala- Uganda, the organization was born out of the need to contribute to efforts to turn Africa's energy potential into reality; and to ensure that the common man and woman benefits from this energy boom. Through lobbying, research and community education, AFIEGO works with communities and leaders to ensure that energy resources are utilized in a way that promotes equitable development, environmental conservation and respect for human rights. A society that equitably uses energy resources for socio-economic development To promote energy policies that benefit poor and vulnerable communities The IDF is a grant making organization that was set up to support Ugandan Civil Society Organizations (CSOs) working on human rights, good governance and poverty alleviation efforts. Since 2008, IDF has provided financial and technical support to more than 105 CSOs contributing to the achievement of human rights, good governance, and rule of law, local democracy and better quality of life. Vision The Mission of IDF is to enable indigenous CSOs access grants through an efficient grant making system Mission A vibrant indigenous grant-making institution contributing to the achievement of human rights, good governance, rule of law, local democracy and better quality of life 12