Acronym
AMECEA Association
of Member Episcopal Conferences of Eastern Africa
ASM
CAFOD Catholic Agency
for Oversees Development
EITI Extractive
Industry Transparency Initiative
MEMD
CAO
CSO Civil
Society Organization
CCJP Commission
of Catholic Justice and Peace
PLD Parliamentary
Liaison Desk
NDMA
LG’s Local Government
MoLG Ministry of Local Government
MPS
Members
of Parliament
RAP Resettlement Action Plan
KENDREN Kenya
debt Relief network
1.1
PARTICIPANTS
The workshop was attended by 28
participants drawn from the Episcopal Conferences of Kenya and Uganda’s
Commission of Justice and Peace working in mine areas. It also had
representation from the ministry of Energy and Mining (Uganda). The Kenya
Ministry of Mining and National Environment Management Authority were invited
but did not send their representatives.
1.2 BACKGROUND OF THE CONSULATATIVE FORUM
PRESENTED BY FATHER JUDE MWAURA- COORDINATOR OF AMECEA JUSTICE AND PEACE
DEPARTMENT
Some
of the major problems the region of AMECEA grapples with are conflicts and
poverty. At the surface, these conflicts appear to be purely political but upon
deeper perusal, it is revealed that beneath the political dynamics lies the
economic factor and that in fact one cannot separate these two factors.
Tribalism/ethnicity or regionalism seems to take the centre stage around
elections period often leading to some conflicts or struggle. The struggle is
often fuelled by ethnic, tribal or regional sentiments on account of one fact,
that the region or the tribe that produce the leader of the country or other
leaders stand to benefit more materially. This brings us to the economic factor
of the conflicts. The foregoing scenario is ultimately triggered by one reality
namely that our people are poor or rather impoverished. If the populations are
well endowed materially, have access to public resources and means of
production, then the question of who gets to power would not carry a lot of
weight. So, the reality remains that poverty is real in this region and that on
account of it many other social problems like conflicts emerge.
An
attempt to answer a deeper question “why are the people poor?” has revealed
other facts. It is readily observable that AMECEA countries and beyond are rich
in resources, among others extractives, gas and oil. These are expensive
products that have a potential of great revenue which if well utilized for
common good as enshrined in the Social Teaching of the Church would generate
wealth enough to tremendously reduce poverty levels. It is indeed a
contradiction that the region is rich in these resources but the people are
poor, notwithstanding the fact that mining is going on. The retired Pontiff
Pope Benedict echoed this fact at the opening ceremony of the second synod of
Bishops of Africa when he asked why the continent of Africa is rich in resources
yet a host to the poorest populations of the world! So the big inevitable
question is who is benefitting. This is a question the Church is trying to
answer. On the 3rd of September 2013, the Pontifical Council of Justice and Peace brought together the
executives of the mining industry who gathered together in order to study “the principal ethical problems arising from
their activities, especially in Africa and in other developing regions of the
world”. Indeed a deeper investigation and intervention by the Church needs
to be effected with an objective of advocating for better mining policies and
the equitable distribution of the revenue to the service of the common good.
In
June 2013, Justice and Peace Department together with KENDREN took some interest
and interrogated the situation in Tanzania and Uganda by bringing national
justice and peace commissions and other players together to understand the
mining status and to say the least, the findings were thirsting for more
action. Among others, the problem of negative environmental impact is clear.
The degraded environment is leaving the entire ecological system disturbed,
bringing forth affliction, not just to the animals and vegetation but also to
the people whose livelihoods are affected.
The
above scenario left this department with the hunger to do more in terms of
bringing the Church leaders on board and assisting the Church to sharpen her
prophetic voice for policy intervention.
Some
of the underlying problems we discovered included:-
a) Policies that
regulate extractive industries are not clear or harmonized
b) Policies
requiring the rehabilitation of the environment are not followed to the letter.
c) Where they
exist, they are not made known to the people and particularly those victims of
the activity
d) Some of the
corrupt leaders have colluded with mining companies in allowing miners that
have not followed the due process
e) Lack of
transparency on the side of the government on how licenses are granted and on
the side of the miners on the money made from mining
f) The most
affected people, those exploited by the miners are largely ignorant and have no
knowledge of how to go about giving their grievances
g) Land
acquisition and displacement
h) The Church has
not been clearly visible in this matter, possibly owing to the technicality of
the same
i)
During
the consultation, the following subjects will be reflected on:-
a) Share the
findings of the survey regarding the environmental impact and the interventions
that have been advanced by other players
b) A sharing of
what the Church may have done to improve the situation and who the Church has
been working with
c) Identify and
explore entry points for the Church and effective actions to be taken in a
collaborative approach
d) Share more on
the existing policies on environment in the area of extractives and identify
the gaps
e) We shall identify
activities and roles especially in policy advocacy to seal the gaps and the
loopholes
f) Engage ourselves
in the planning of activities and follow-up activities. This will include a
visit to two countries of the planned activities, six months after the
consultation.
1.3 OBJECTIVES
a) To have the
Church be actively engaged in addressing the issues of environmental justice.
b) To create
networks that will be identified as relevant and useful in restoring the dignity
of the environment as a source of livelihood for the people
c) To engage the
government, policy makers and other stakeholders in a discussion on better
environment as a challenge that is posed by the mining activities.
d) Making
environmental challenges a regional concern and weaving together efforts within
conferences in addressing it.
e) To address the
thorny issue of land acquisition and displacement
1.4 GOAL
To
have a Church that is collaborating with other interested actors to effectively
and positively engage in matters of environmental justice for the good of the
people.
2. KEY NOTE ADDRESS
2.1 SPEECH BY KCCB- JUSTICE AND PEACE CHAIRMAN
MOST REV. ZACCHEAUS OKOTH.
-
Many countries have financed their development
through resource extraction.
-
When exploited, natural resources can bring
social conflict, feed corruption, and displace people from their homes and
lands, pollute rivers and seas, destroy people’s health, and cause irreversible
biodiversity loss.
-
Such negative outcomes of resource extraction, however,
are not inevitable. They can be tackled through effective strategies, legal
frameworks and policies.
-
The important potential contributions of mining to
human development and the common good depend on employing practices that
respect human life and dignity and the environment.
-
People suffer not only from the effects of badly
managed extractive operations but also the conflicts created by the struggle
over control of the wealth generated.
-
As the church we need projects and strategies
implemented in diverse political, social and cultural contexts.
-
As Catholic Faithful we should care about the
effects of extractive industries mentioned above.
-
The church’s social teaching calls on Catholics
to uphold the life and dignity of every human person, to be in solidarity with
our brothers and sisters worldwide, and to care for God’s creation.
-
Since the extraction activities affect the poor
most acutely, the church in region of AMECEA should embrace this initiative and
run with it.
-
Through the Bishop’s conference in AMECEA and
across the African Continent, there must be consulted efforts towards advocacy
addressing issues related to extractive industries.
-
This has to do with governments, international
financial institutions, and extractives companies, urging them to become more
transparent to reduce the negative impacts of resource extraction on people and
the environment and to increase benefits for the poor most especially.
-
Our strategy should be broad to the governance
of extractive industries.
-
Our mission should be to ensure that natural
wealth is used to improve people’s lives.
-
AMECEA and Bishops Conference ought to urge the
governments to;
- Ensure that they manage extractive revenues in ways that reduce corruption and promote human development in areas such as education and health;
- Promote human development in areas such as education and health;
- Put in place social and environmental standards that ensure respect for communities, workers, human rights and the environment, and that promote availability of information on extractive projects;
- Legislate on management of the natural resources and extractive activities.
-
The Conferences and diocese Justice and Peace
offices should have initiative to check whether extractive industry companies:
·
Respect human rights
·
Collaborate with communities where extractive
projects are implemented to assure that information is freely available and
local communities are involved in decisions that affect them.
-
I retaliate the concerns of Pope Benedict XVI,
on the issue of the environment as stated in Caritas in Veritate: “It is
likewise incumbent upon the competent authorities to make every effort to
ensure that the economic and social costs of using up shared environmental
resources are recognized with transparency and fully borne by those who incur
them, not by other people or future generations: Protection of the environment, of resources and of the
climate obliges all international leaders to act jointly and to show a
readiness to work in good faith, respecting the law and promoting solidarity
with the weakest regions of the planet (NO. 50).”
2.2 ADDRESS BY AMECEA SECRETARY GENERAL- VERY
REV. FERDINAND
-
I
am delighted to welcome you to Nairobi the Home of AMECEA Secretariat. I
sincerely thank you for the work you are doing in your respective countries.
-
The
diversity in representation reflects the commitment and enthusiasm which we all
have in finding solutions to the challenges facing our people in relation to
this very vibrant industry.
-
We
are gathered here under the umbrella of the Association of Member Episcopal
Conferences in Eastern Africa (AMECEA).
-
This
is a Catholic Organization of the Bishops of 9 countries in the Eastern Africa
(Ethiopia, Eritrea, Kenya, Malawi, South Sudan, Sudan, Tanzania, Uganda and
Zambia).
-
It was established in 1961 as a tool of
Evangelization that addresses common Pastoral Endeavors through solidarity and
collaboration.
-
In
order to achieve its mission, AMECEA has created various Departments like
Social Communication, Pastoral and Justice and Peace to respond to various
needs in the mission.
-
The
Department of Justice and Peace which has gathered us here today was started in
the year 2002 for the purposes of addressing socio-political and economic
challenges in this region.
-
you
will be addressing issues of economic justice facing our people around mining
and extractive activities. This fits in very well with the Strategic Plan of
AMECEA in its pursuit to advocate for integrity of creation and justice for
all.
-
it
is difficult to separate political problems with economic problems.
-
Struggle
for political power is based on the need to address economies.
-
African
politics have tended to be anchored in economic empowerment of the politicians
themselves and using the same endowment to manipulate their respective
communities.
-
This leads to ethnicity, tribalism,
regionalism and many other social inequities that influence political
landscape.
-
It
is against this background that the Church has a role to play in addressing
poverty by asking critical questions like: Why do we have many natural
resources yet our people remain poor? Who is benefiting from the
resources? What are the policies
regulating these activities?
-
These
are questions the Church in AMECEA would wish to begin asking and having the
government representatives is a blessing to us in shedding more light on the
policies regulating the industry and the gaps therein.
-
in
her role as the voice of the voiceless, the Church cannot stop at questions.
-
We seek to be part of the answer to the quest
of the people for a just society.
-
In this workshop, therefore, we will explore
ways of Church engaging with the experts in this area so that she can continue
working with Law Makers for positive interventions and advocacy in formulating
of better policies.
-
This
will help address some of the deep seated social problems especially touching
on the thorny matter of land acquisition, displacement and resettlement and how
the affected communities are involved in all this process.
-
Our
hope is that this kind of engagement will help the Church in intervening for
the people in an effective manner.
-
Such interventions shall help in channeling
the resources of these countries in serving the common good and not a few
individuals.
-
In
doing this we shall be working for justice. Our commitment shall be informed by
the Gospel of Jesus Christ and the Social Teaching of the Church.
-
Once
again welcome you to this workshop and pray for the guidance of the Holy Spirit
for fruitful deliberations.
BASELINE SURVEY ON INJUSTICES IN THE EXTRACTIVE
INDUSTRY PRESENTED BY TONY MOTURI:
1.
INTRODUCTION
The
study covered Kwale and Karamoja regions in Kenya and Uganda respectively.
Quote: The danger
with our leaders is that they are blind.. they cannot see the link between
environmental degradation and poverty...it should be embarrassing to our
generation that we inherited such a wonderful country from our ‘illiterate’
forefathers who were able to hand over to us a wonderful land full of forests,
wood lots, clear water, fertile valleys for cultivation…yet, in our turn
and in spite of our ability…to apply advanced technology, we have been unable
to protect the land from the elements so that we too hand over to the next
generation with as much pride and confidence” .- Nobel Peace Prize
Winner, the late Prof. Wangari Maathai
The Basis of the
Study
-
There is abundance of
resources but our economies are performing poorly
-
Countries such as Norway,
Netherlands are best examples in natural resource mgt for development
-
Problems in this sector
include: lack of- community participation, sharing of proceeds from the
industry & injustices meted on land owners and mine workers
-
World Bank Report- 2012
indicates that despite growth since 2000- with oil producing countries in the
lead, less impact has been felt on reducing poverty levels.
-
What is the situation in East
Africa? Our resources haven’t been utilised to benefit local communities
-
With new discoveries in the
region, the question is- will this windfall be a blessing that will bring
prosperity or a political & economic curse?
2.
POVERTY & SURVIVAL
Situational
Analysis
i) Kwale
-
One of
the six counties in the Coast region
-
Acc. to
2009 Pop. & Housing Census -649,931 people in 122, 047 households
-
74.9%
of pop. Live below the poverty line
-
Major
causes of poverty: poor infrastructure development, roads, electricity,
telecommunications, water, inadequate agricultural production & wildlife
menace
ii) Karamoja
-
10,550
sq miles- sparsely populated- 1.2 million inhabitants spread across 7 districts
-
Most
locals are pastoralists
Livelihoods, Marginalisation & Discrimination:
-
Marginalisation
as a result of skewed process of distributing scarce resources
-
Manifests
itself in land ownership. In Kwale, most land owners do not have title deeds;
others are squatters in their ancestral land
-
Situation
aggravated by lack of an enabling infrastructure
-
In
Karamoja, they traditionally
survive on pastoralism, agro-pastoralism, livestock herding and opportunistic
agriculture
-
Live in
semi-permanent manyattas
-
They
experience failed crops approximately 1 out of 3 years-making livestock
products an essential source of sustenance
-
Migrate
from one place to another in search of pasture
-
Successive
governments have viewed karamoja as “backwards” compared to the rest of the
country. Famous Obote statement : we shall not wait for Karamoja to
Develop”- leading to the creation of the Karamoja Development
Agency to try to tackle development in the region
-
In
march 2009, President Museveni appointed his wife as State Minister for
Karamoja
-
Hindrances:
poor infrastructure and services, schools, health centres, drinking water,
roads etc
Poverty, Food
Security & Environmental Degradation
Kwale
-
Resettling of the
locals
-
Destruction of
indigenous Digo & kamba subsistence farming
-
The project has
affected fertile areas
-
Negative impact on
biodiversity
-
Extraction
activities would cause radioactive impacts. The deposits contain 309 ppm (parts
per million) of Uranium & 143 ppm of Thorium which if extracted, would be
potentially dangerous for human health & environment
-
The project is
fast changing the local ecosystem jeopardising the survival of several species
such as the Colobus monkey
Karamoja
-
Has the lowest Human
Development Index in Uganda- approximately 82% live on less than US$ 2 a day
-
Rough terrain
& unpredictable rainfall leading to severe climatic conditions
-
Climate change,
deforestation, soil erosion & desertification negatively impacts harvest
and production capacity of agro-pastoralists
-
Chronic poverty
forced locals to artisanal & small scale mining
-
According to the
Food security analysis report of 2013 by the Min. of Agriculture, up to 975,000
people in Karamoja face serious levels of food insecurity while 234,000 can’t
meet their minimum food needs
3.
LAND RESOURCES AND RIGHTS
-
Indigenous
people have the right to own, use, develop & control land. They
to determine their own development
priorities and have their rights in respect to land respected.
Both governments under the right to
develop are under obligation to ensure that people in mining areas aren’t left
out of the development process or benefits.
-
There’s need for meaningful participation in development
choices, free of coercion, pressure or intimidation. In Kwale, land owners in Mwaweche &
Kidiani locations & squatters located near the sugar company estate are
affected.
Estimated that 450 households have
been affected- whereby 25% are land owners with title deeds & 75% are
squatters (approx...3,000 people are affected)
Acc. to Base Titanium, they are suing a Resettlement
Action Plan initiated in 2006 where compensation was paid for land,
agricultural crops, forest trees, structures & graves
i.
Proprietary Rights
-
Constitution
of Kenya 2010 guarantees citizens right to own property (Art.40)
-
Cases
of compulsory acquisition must be accompanied by prompt payment & just
compensation
-
Natural
resources are vested in the national government
-
In
Uganda, the 1998 Land Act & the National Environment Act of 1995 recognise
customary interest in land
-
The NEA
provides for participation of the people prior too gazetting of their land
-
The
2013 National Land Policy also recognises the rights of minorities
ii)
Free, Prior & Informed Consent
-
States
have the duty under international law to consult & cooperate with
indigenous peoples through their own representatives institutions in order to
obtain the free & informed consent
-
It
should happen before approval of any project affecting their land and other
resources
-
Any law
regarding compulsory acquisition must respect human rights including indigenous
peoples free, prior & informed consent rights
iii)
Community Participation
-
Poverty
& environmental problems continue afflicting these communities because poor
people are marginalised from those in power
-
They
are unable to access resources, services & political processes
-
Decision
making that is participatory in nature creates a predictable environment for business & beneficial to the locals
iv)
Role of the Church
-
Beyond
spiritual nourishment, cardinal role in defending the rights of the less
privileged in society
-
It has
become the voice advocating for social justice & good governance in society
-
Catholic
Bishops in Uganda issued a communiqué requiring parliament to put the necessary
structures, policy and legislative framework to regulate & manage the
mining sector as a priority
-
They
also called upon the central government to be transparent at all times when
negotiating & signing of the PSAs as to boost ownership
-
Church
should use its well established structures in educating the masses on their
rights
LEGAL FRAMWEORK
Kenya
a) Constitution
of Kenya 2010
-
Makes
provisions as regards to agreements relating to natural resources which will
ensure optimum exploration & exploitation of minerals in Kenya. Article 62 (1) (f) defines public land. Art. 71 – Parliamentary approval of every concession
for exploration. Art. 40- Safeguards the right to property; limits state power
to deprive a person his/her property and in cases of compulsory acquisition
then there must be adequate compensation. Art. 69(1) (d)- State to encourage public participation
in management, protection & conservation of environment
b)
The Mining Act of 1940
Act gives power to
the Minister of Mines to award prospecting licenses & has final say on
determination of many disputes related to licenses. It requires private owners
of lands on which minerals have been found to “give consent”. Consent has not
been explicitly defined & in most
cases it is abused by those in authority. Most people are
informed about the existence of minerals in their areas after they have been
lured to sell their land
c)
The Mining Bill 2014
Act
that seeks to repeal the Mining Act to be in line with Cok 2010 Seeks to govern
minerals, exploration, prospecting, mining & processing. It provides for improvement of the
Mining Act-1940 as it provides for a more transparent way of managing mines
i.e. avenues for local people participation; employment; ownership. Currently there is a debate on the benefits to
the community & how much will go to counties, communities and national
government. The bill is silent on measures taken to safeguard communities
living in mining zones from environmental hazards arising from titanium
exploitation. It fails to address compensation or resettlement
Uganda
a) Mining
Act of 2003
Mining governed by the Mining Act 0f 2003 & Mining
Regulations of 2004. The Act
does not require any form of consent or consultation with local communities
prior to application or acquisition of an exploration license.
Art.3 all minerals belongs to the
Govt.
it provides that Prospecting,
exploration to be carried out under an appropriate license, Prospecting license
is not renewable & is valid for one year. It further provides that
When more than 1 entity applies for
mineral rights priority is given to the first applicant, When applying for a
license, one must show proof of communication with the land owners or
occupiers, Must state how many lawful occupiers will be affected with proof
they have reached an agreement with them, Holder of mineral rights to exercise
rights “reasonably” not to adversely affect the interests of any owner or
occupier of land. “Reasonability” has not been defined either by statute
or courts-this is a loophole. It states that a land owner is entitled to demand
either compensation for disturbance or share of royalties while sstipulating circumstances under which compensation may
paid to owners or persons lawfully occupying land that is subject to a mineral right i.e. any
crops, trees, buildings etc that may have been damaged in operations.
On compensation, law requires it to
be paid on “demand” of land owner & must be requested within 1 year of
damage. Given the limited knowledge of land owners as to their rightful
compensation payments are neglected
Recommendations
Ø
Governments
-
Implement robust procedures to consult with the local
people
-
Respect
to land ownership-recognise indigenous communities as people with rights to
their land & recognise their land rights over land traditionally occupied
& use.
-
Impact
Assessments- need for stronger focus on community impact assessments that take
into consideration human right assessments
-
Evictions
– both governments should ensure that all land evictions or displacements are
implemented in accordance with international law i.e. UN basic principles &
guidelines on Development based evictions
-
Adopt
International standards such as EITI
Ø
Role of Parliament
UG:
amend the Land Act to make eligible broad social representation in the
composition of communal land associations in order to address major hurdles for
registering certificates of customary ownership
Amend
Mining Act to include a requirement for clear evidence of free & informed
consent from affected communities
Kenya:
pass the current Mining Bill with provisions of community participation in the
mining sector & revenue sharing
Ø
The Church
Help
to foster dialogue & negotiations between communities & the companies
Use
your influence to hold the government & companies accountable when things
go wrong
Ø
Judiciary
Provide
an expeditious settlement of disputes arising from the mining industry. There
is need to petition the CJ to establish the Environment & Land Court at the
Coast
Ø
Mining Companies
Put
in place structures & frameworks to facilitate consultations with the
community members. In places where land is
communally owned, engage the community is identifying solutions to health,
access to amenities, and creation of alternative livelihoods
Presence
in the community should be felt through meaningful corporate social
responsibility projects. Reduce
environmental pollution by using sound & dust arresters
Need
to take health policy covers for the mine workers
Valuation
& compensation should not be done by internal company experts but should be
a documented process in which government & community negotiations should be
involved
NOTE:
There is need for another study to explore specifically the rights of mine workers
& implementation of international transparency standards.
3. SITUATION
IN KENYA
3.1 CASE
STUDY- ENNOCENT KINOTU
-
I am among those who
were displaced by the government as my land was in the area where Titanium is
mined.
-
We were given 80,000
which was very little.
-
The agreement was
that we get alternative land on top of the monetary compensation.
-
The piece of land we were given was occupied
by Squatters who declined to vacate.
-
They demanded that I
pay for development in the land eg trees he had planted.
-
I ended up buying
another land with the little money I had despite having a tittle deed to the
piece the government gave me.
-
We were promised that
the displaced persons will be considered for jobs in the mine but his did not
happen.
-
The communities
living in the mine areas do casual jobs in the mines while other office jobs
are given to the people from outside.
-
The environment is affected as the forests
have been cleared;
-
there is a lot of
noise from the machines that are used in the mines and dust. There is water
pollution due to the drilling activities.
-
I worked in the mines
for six years but retired voluntarily.
-
The mine workers are not provided with
protective gears.
-
The soil they touch
with their bare hands has radioactive rays.
-
They are taken for
health check-ups to detect the amount of radioactive rays they have absorbed
and they are always told that it is not a lot to harm them but this might have
effects to them in future.
-
The mining companies
have build schools and health facilities but they are built far way from where
the affected persons were settled.
-
The land Valuation
that was used in compensating the displaced persons is that of 1963 (out of
date).
-
A valuation that was
done by a private valuer differed with that of government by 90%.
-
There some people who
differed with the valuation and went to court but lost the case so they were
not given notice to vacate. Their houses were demolished at night and they did
not get any compensation.
3.2 TURKANA
-
Oil exploration in
Turkana started in 2010 by the African Oil Company and BGP (Chines Company).Then
came the popular one called Tullow.
-
Both BGP and African
Oil were surveyors. The African Oil company was conducting aerial survey while
the BGP was conducting land survey.
-
The entry of the two
companies in Turkana County and especially Turkana South and East was not
encouraging.
-
This is because after
noticing that the people living in these areas are poor and pastoralists, they
used the local provincial administration to provoke the locals.
-
The chiefs were used
as weapons and especially in Barazas and meetings.
-
The two companies
found that it was better to work with the local chief than the community
because they found out that the community is resisting the issue of oil
exploration.
-
The community was demanding that before this
exploration takes place some of their demands should be addressed first.
-
Tullow and its
partners realized that the community was adamant, they came with a strategy of giving
gifts to the elders and prominent people in the community
-
They engaged these
elders in their meetings because they realized their level of education is low
and it is easy to manipulate them.
CURRENT SITUATION
-
Employment:
only casual jobs are given to the locals. These companies do not have
employment rules and there is no job security. Salaries given are low. It is
the number of companies that are involved in brokering.
-
EDUCATION: The
companies are employing form four leavers with good grades instead of
encouraging or sponsor them to further their education. The school dropout rate
has gone high as school children seek employment in the companies. Scholarships
given are few and only restricted to masters students only. (The number has not
reached 5 yet.). These oil companies are employing people with good grades who
should be furthering their education. In future there will be no professional
workers/ experts from Turkana County.
-
Infrastructure: They have done nothing done on this area. They promised the community
that they will rehabilitate the existing roads and construct new ones but
nothing has been done. They are only interested on feeder roads which link them
to their camps. They promised to build new schools but instead they have been
building classrooms and latrines in existing schools. They promised to dig
boreholes for the community but they have given plastic tanks to a few
individuals.
-
ECONOMIC ASPECT OF THE COMMUNITY: Since the discovery of oil in Turkana was
announced, the economy of the community living in these oil wells is still
down/ has not changed. Living standards are still low. Those who are employed
in these companies are poor paid and cannot even sustain their families on the
salaries.
CHALLENGES
-
There is mass
displacement of the local communities These people are moving without
compensation.
-
There is a lot of air
pollution, water, deforestation and smoke from the exploring companies.
-
No report on environment or health issues. (We
are told that from these companies there are dangerous chemicals which results
to infertility especially to the young people.
-
There are a number of
investors who have bought land without involving the local communities e.g
there was the issue of 800,000,000 that were given to the big people of these
companies.
-
School going children
are dropping out school in search of employment in these companies simply
because these companies employ all kinds of unskilled labourers. (No
regulations on the same).
-
There is a lot of insecurity because all the
security personnel have been employed by Tullow making the common mwananchi to
suffer. Some neighboring communities from Uganda, Sudan and Ethiopia are taking
advantage of this. They are now encroaching in Turkana land stealing livestock.
-
In towns like
Lokichar, Lokori are faced with this
challenge because every track drivers who work in this company are using school
girls. They give them little money in exchange for sex.
-
There is a tag of war
between the national and county government who is supposed to own these
resources.
-
Tullow give money
anytime they sense resistance from the local community and especially they use
the committees eg District advisory committees as their weapons to counter any
resistance.
3.3 KITUI-
FLORENCE NDETI
The
Coal exploration
activities in Mui basin in Kitui County started in 1996 when for ease of
exploration logistics, the Ministry subdivided the 490.5km2 Mui Basin into four
blocks. A section of the community went to court in December 2013;
later liaison committee filed another case, March 2014 two cases joined.The court ruling was expected in
August 2014, pushed to next month.
Challenges:
·
The community
lacks information on the mining policy.
·
The Liaison
committee was allocated 20 Millions to create awareness (civic Education) which
is in dispute.
·
Slow land
adjudication/ Resettlement plans.
·
Pollution of
water, air and land
·
Tension and lack
of trust among the community to the government/ strangers.
Opportunities:
Discovery of minerals in Kitui County have brought with it benefits to the
community such as;- Employment, development of towns, improved infrastructures,
water,
Role of the
church:
·
The church
participated in a research that will inform future engagements
·
Advocacy on policy
eg resettlement, compensation and environmental issues
·
Lobby for
resources from both County and National Governments for conducting civic
education.
4. SITUATION IN UGANDA
4.1 Gulu Diocese
The National Policy on mining was translated in
fourlocal languages. The final copy is not out yet. The Acholi are learning
from Bunyoros who are far much ahead on the issues of oil. There is a working
group in place of Acholi leaders (Joint Acholi Leaders Forum) that is doing a
research on the issues of mining ie mining companies, employment and Royalties.
The group is also trying to find out how the community would like to benefit
from the mining activities so that they don’t lament later as well as enabling
the common person to participate in the whole process.
Challenges:
The common person has a vague idea and is very skeptical about government
involvement.
There
is a lot of myths and misconceptions eg the community believes that the
minerals are carried at night by aircraft to abroad.
Excitement
of having oil in Uganda will have a backlash because it is not clear who owns
land in the area. The names of the real owners have been changed without the
notice owner the owners.
The
locals were made to sign agreements which they did not understand or explained
what they were signing. (only the page they were signing was exposed while the
other document was hidden)
4.2 Hoima Diocese
With the development of the oil
discovery in Bunyoro sub region coupled with the long unanswered historical
socio-economic and political questions, the J&P department of Hoima is
under obligation to come out strongly to show the role and importance of the
catholic church in advocating and promoting fairness especially on the side of
the voiceless, the disadvantaged, the vulnerable and the oppressed during this
world order era of the “survival of the fittest”.
There is therefore an immediate
issue of land conflict/grabbing in Bunyoro sub region which the J&P feels
should be handled with uttermost urgency to avert the foreseen and
unforeseen social antagonism which may
follow.
Following the discovery of oil,
many people speculated to have far reaching social economic benefits which
would see them off the poverty levels of this country. These were among others;
supply of food stuffs, employment opportunities and loyalties.
To many the reverse has been
true as evidenced by the following existing conditions:
i.
Marginalization/
ignoring locally produced goods and services in preference to foreign imported
of the same without known justification/ initiative to improve o the local products
to meet their required standards for the purposes of local appreciation.
ii.
No
clear statistics of the local people employed in the sector because
recruitments are done elsewhere in Uganda other than the concerned region.
iii.
As
many Ugandans speculate the social economic benefits of oil, a lot of the
informal sector has emerged in Hoima Municipality. This informal sector is the
genesis of the following in Hoima Municipality:
a) Indecent working environment
b) The unclear social protection scheme of
the people in the informal sector.
c) Immoral means of survival
d) Influx of unskilled foreigners with no
value addition to the local social - economic development of Bunyoro.
e) The exploitation of the local labour by
the speculative investors.
iv.
Many
women lost out in the compensation funds and left with children while men took
on new families.
v.
Displacement
of over 60,000 people without relocation
vi.
Bribery,
oppression and falsification in valuations, payments and resettlement in oil
activity areas.
vii.
Unresolved
historical land ownership in Kibaale District.
Role of the church
i) Advocacy
on land rights/land use,
Domestic violence in relation to land, Establishment of social barometers, The
return of 230 land titles to Buganda and its implications on the Kibaale land
ownership
ii) Psycho-social support to affected people
iii) Establishing information dissemination
desk
iv) Engaging central government on RAP
4.3 Uganda
Mining Policy Framework of 2001: Presented by Government Ecologist-Edward
Marimira
The Mineral Policy 2001, Mining Act 2003
and the Mining Regulations 2004 are the current legislation in the Mineral
sector of Uganda. The Policy and Act have been tested for almost 13 years and
challenges and gaps have been realized hence a need for the review. The World
Bank was involved in the review so as to provide an international experience in
the Mineral sector and will be supporting the Government of the Republic of
Uganda (GoU) throughout the review process. The review process is ongoing.
The goal: To develop the mineral
sector, for it to contribute significantly to sustainable national economic and
social growth by creating gainful employment and providing alternative source
of income particularly for the rural population in Uganda.
a.
Objectives:
·
To stimulate investment by promoting private sector
participation;
·
To ensure that mineral wealth supports national
economic and social development;
·
To regularize and improve artisanal and small-scale
mining;
·
To stimulate and mitigate the adverse social and
environmental impacts of mineral exploitation;
·
To remove restrictive practices on women
participation and protect children against mining hazards; and
·
To add value to mineral ores and increase mineral
trade
b.
Royalties on gross value is charged as follows: Precious
stones (5%); precious and base metals (5%); Industrial minerals (quantity
based).
Revenues from royalty are shared by:
Government (80%); Local Governments (17%); and Land Owner (3%).
Compensation: Any disturbance of surface rights
of the land owner has to be compensated.
Exploration/Mining operations are supposed to comply
with National Environment Management Act.
c. Policy Gaps:
·
There is lack of a clear mechanism for the license
holder to provide information to the regulator.
·
There are no mechanisms to monitor private
investor’s funds declared; there are no penalties for under declaration.
·
There is no long term strategy to formalize small
scale mining; there are no mechanisms to facilitate partnership of ASM with
large scale miners, there are no mechanisms for collection of revenue from ASM.
·
The Environment unit in MEMD has not been
strengthened; there are no regular sensitizations on environmental cleanup
issues; there are no mechanisms to rehabilitate abandoned past mines.
·
There are no mechanisms to stop women carrying
babies to mine sites; there are no punitive measures to stop children labor.
·
There are no strong punitive measures to deal with
geoscientists who leave employment after being trained.
·
There are issues and challenges namely first come
first serve is affected by the time between lodging application at CAO’s office
and submission to Commissioner, this is subject to the availability of CAO.
·
No proper guidance on who should carry out mine plan
and feasibility studies (e.g Mining Engineers & Metallurgists and
Geologists)
·
No regulation on payment of capital gain from the
transfer of mineral rights, at the moment.
·
The Mining Act 2003 and no other Ugandan Law
regulates the use of hazardous chemicals.
·
Lack of reference to other laws and regulations.
·
With human resource development there is need to
emphases apprenticeship training injunction with training institutions.
·
Who gets the royalties paid to the land owner where
the land is owned by the community.
d.
Recommendations:
·
Application for Mineral Rights by tender
(Competitive bidding) – should be in the mining Act and Regulations
·
Require acquisition of Processing, Smelting and
Refining Licenses (Value Addition) – in the mining Act.
·
Definition and management of exploration,
development, processing and trade in strategic minerals such as Iron ore, Marble,
3T’s (Mining Act and Regulations)
·
The revision of expenditure requirement for LL
applicants
·
There has to be a maximum area for a Mining lease
·
Prescribed obligatory minimum expenditure for
exploration and mining operations
·
Include requirement for preparation fees for
Transfer of Mineral Right
·
Penalty for late payment of annual mineral rent.
·
Penalty for late submission of quarterly reports and
monthly mining returns.
·
Requirements for regional mineral certification.
·
Exclusive areas for artisanal mining.
·
Licensing of overlapping resources such as Mineral
Ores and/or Geothermal Energy-Geothermal Policy, Act and Regulations
·
The extent to which other rights (land, forests,
parks, reserves, wetlands, (etc.) can override the grant of mineral rights.
·
Requirement for the implementation of Extractive
Industry Transparency Initiative (EITI)
·
Regulations for the effective implementation of
computerized Mining Cadastre and Registry System.
·
Well defined social requirements by the companies.
·
Requirements for Exploration License – financial
status and the technical and industrial competence and experience of applicant
should go beyond only bank statement, but audited loss and profit statement for
previous financial year.
·
Evidence in support of the existence of the minerals
to be explored for should be in form of laboratory analytical reports and not
simply stating number of samples taken during prospecting
·
Issuance of exploring licenses to persons already
holding one should be based on one’s performance in the already issued
licenses.
·
Mine plan and feasibility studies – the law should clearly state that these activities
are to be undertaken only by recognized qualified person so that if anything
goes wrong there is someone answerable.
·
Transfer of a mineral right- (exploration license,
retention license, location license, and mining lease) there is a need to
incorporate the payment of capital gains tax. Which is not stated at the
moment.
·
Need for reference to other laws and regulations,
such those that regulate factories, waste disposal, hazardous chemicals,
explosives, forests, water resources, public health, labor, wild life, land,
land acquisition, rehabilitation & resettlement, human resource development
etc.
·
There is also a need to work with concerned agencies
such as NEMA, Ministry of Trade and Industry, and other concerned parties to
draft a Hazardous Substances Law. This is because neither the National
Environment Act 1995 nor the Factories Act of 1953 addresses hazardous
substances
·
With human resource development there is need to
emphases apprenticeship training injunction with training institutions.
·
Inspections and monitoring– the law needs to
properly charge the responsible authority, Geological Survey and Mines
Department (GSMD), with undertaking Metallurgical Audits to verify production
of plants against what operators report.
BEST PRACTICE
·
Capacity building for community by CSO
·
Planting trees
·
Network of CSO working on advocacy issues
·
Parliamentary Liaison offices/ Parliamentary
chapels/ Justice and Peace Commission/ Parliamentary Desk to i. Submission of
position papers
ii. Meeting
with different parliamentary committees
iii. Catholic
parliamentarians’ meeting with Bishops of Uganda
iv. Translation
of policies into local languages
v. Strategic
partner with ministry of energy.
·
Adopt the Descent work Program (Joint Action
Committee between JPC and Kopling
·
Exchange and learning programs
·
Raising awareness using media on land issues
·
Asking mining companies to plant indigenous tress
·
Identification of strategic partners ie individuals
and organizations
·
Proper documentations
5. EMERGING ISSUES:
·
Gaps in the policy and the laws;
·
Child prostitution and labour;
·
Breaking of marriages as a result of the compensation;
·
poverty;
·
alcoholism
·
Environmental degradation
·
Poor access to information
·
Lack of citizen participation
·
Land acquisition, displacement and compensation
·
Creation of small working groups/ Advocacy. Involving
catholic professionals;
·
No clear definition of who owns community land/
benefits from the royalties given to community land owners
·
Transparency
6. ACTION PLAN
6.1 KENYA
|
|
Issues
|
strategies
|
Actors
|
Time frame
|
|
1.
|
Policy gaps in the mining
Bill
|
-
Breakfast
meeting with Catholic Parliamentarians, Governors, MCAs
-
Propose
amendments for mining Bill
-
Formation
of Catholic working groups on mining
|
Engage
-
Community
-
Government-
Local and National
-
Mining
companies
Engager
-
National
Office
-
PLD
Diocesan CJP
-
AMECEA
Beneficiaries
-
Communities
living in the mining areas
-
People
affected by the mining activities
-
Mine
workers
|
End of Sept. 2014
|
|
2.
|
Access to and dissemination
of information
|
-
Workshops
-
Capacity
Building
-
Partnership
with local NGO’S eg Oxfarm, world vision, NDMA
|
As above
|
6 Months
|
|
3.
|
Creating citizens awareness
|
-
Use
of media
-
Stakeholders
dialogue
-
Discussing
the Mining Bill (live broadcast)in Mwingi
-
Consultative
forums with community groups
|
Akicha Radio
Kitui diocesan office of
Justice and Peace
Kitui Diocesan Office
CCJP Archdiocese of Mombasa
|
End of October
Mid October
Mid November
Mid October
|
|
4.
|
Documentation
|
-
Use
mine workers to document issues
-
The
affected communities to document the promises made by the mining companies
and the government
|
-
National
CCJP, Diocese & parish CCJP
-
Community
members
-
Mine
workers.
|
October 2014
Continuous
|
6.2 UGANDA
|
|
ISSUE
|
STRATEGY
|
Actors
|
TIMELINE
|
|
1.
|
Access to information
|
-
Participatory
action research
-
Dissemination
and feed back to stakeholders
-
Lobbying
and advocacy
|
Engaging:
-
Ministry
of Energy & mining Development
-
LG’s
-
MoLG
-
MPS
-
Mining
Companies
Engagers
- National Justice and Peace Commission
-
Uganda
Episcopal Conference
-
CSO
-
Catholic
Professionals
Beneficiaries.
-
Cultural
Leaders
-
Religious
leaders
-
Affected
communities
-
Mine
workers.
|
October 2014 to June 2015
January 2015
February 2015
|
|
2
|
Identifying policy gaps
|
-
Auditing
of existing land, mining, oil, gas
-
Dissemination
of findings at a multi
-
stakeholders
-
Lobbying
and advocacy
-
Develop
alternative policy
|
As above
|
one year starting October 2014
July 2015
|
|
3.
|
Community participation
involvement
|
-
Enhancing
capacity building of community members on mining industry- diocese level and
TOTs at national level (Tororo, Hoima &
-
Dialogue
forums at national and diocese level
-
Inter
conference study visits
-
Documentation
and reporting.
|
-
As
above
-
AMECEA
|
October 2014
October 2014
Throughout.
|
7.
OPPORTUNITIES:
-
Existing structures like CCJP
-
Networking and collaboration
-
Community action groups
-
Collaboration between Community groups and elected leaders.
-
Liaison Committees
8.
NEEDS:
-
Strengthen CJP structures from National to parish
level
-
Access to Information
-
analysis of existing legislative framework on
extractives
-
Role of
professionals in the church
-
Resources
-
Learning best practices
-
Clarify the mandate of CCJP
-
Creation of small working groups/ Advocacy. Involving
catholic professionals.
9.
CONCLUSION:
Nicholas of CAFOD thanked AMECEA Justice and Peace Department for the
idea of extractives. He promised that CAFOD will do what they can to support where
AMECEA is not in capacity. Fr. Jude the AMECEA Justice and Peace Coordinator
thanked all for their participation. He thanked the Chairman of KCCB Justice
and Peace Commission and Secretary General of AMECEA in their absentia for
finding time to attend and address the participants. He also thanked CAFOD for
partnering with the Department. Fr. Jude informed the participants that AMECEA
Justice and Peace will be visiting Kwale and Uganda to see the progress on the
implementation of the action plans. Fr. Febian Pikiti the AMECEA Pastoral
Coordinator closed the workshop with a word of prayer.
10. Annexures
10.1 Evaluation
|
|
ITEM
|
SCORE
|
OUT OF
|
|
1
|
The
workshop was well organized
|
45
|
50
|
|
2
|
My
expectations were met.
|
43
|
50
|
|
3
|
The
facilitators conveyed ideas effectively and clearly and the content was
informative and easy to understand
|
45
|
50
|
|
4
|
The
venue was good and convenient
|
43
|
50
|
|
5
|
Time
was well managed.
|
46
|
50
|
|
6
|
Action
plans were clearly set out and achievable
|
39
|
50
|
7.
What was the most valuable aspect of the Workshop?
-
AMECEA connections.
- Presentations
- Regional sharing was an important
learning component
- Sharing and testimonies of the victims
- Sharing
- Setting out what to be done in our different countries
- Setting out what to be done in our different countries
- Formation of future concrete plans
- Partnering, sharing and learning
- sharing
challenges from different mining areas which can in the end help to identify
gaps in the policies/
- The identification of the need to do
documentation and reporting.
8.
What do you think could have been done to improve the workshop?
- In the future please share the program
in advance to enable proper planning.
- Handouts would have been given for more
preparations
- Need for advance information brief
regarding the subjects to be discussed.
- More countries to be on board like
Zambia
- I appreciate the content being new in
the issue
- more time to plan
- I think it was all well done bearing in
mind that this was an initial meeting.
-
People coming at the same time.
-
Securing the attendance of Kenyan government representatives
9. What did you most appreciate/ Enjoy/ think
was the best about the workshop? Any suggestions for improvement?
- Venue, facilitators all excellent: I enjoyed the morning mass and reflections.
- Planning and it’s because we learnt
from each other.
- Fee back regarding ongoing initiatives
nationally and regionally
- Prayer time, meals and discussions
- The discussions/ sharing
- Group work
- The fact that the voice at the ground
was represented
- Information/ Experience sharing, Inform
participants when there is enough time.
- It was participatory and the
facilitators were motivating.
10. Any
comment?
- Thank you for the great opportunity.
- Good coordination, keep it up.
- At least
AMECEA to organize for exchange programs for Justice and Peace committees in
the partner countries.
- In future the conferences senior
management should be present.
- None.
- Well done uniting two countries is key
and important
- N/A
- Try to have Kenyan government
represented.
- The church is doing a wonderful work to
act as the people’s voice.
- Wishing you success in your subsequent
activities.
10.2
Participants list.
|
|
NAME
|
COUNTRY
|
DESIGNATION/POSITION
|
TELEPHONE
|
EMAIL
|
|
1.
|
LILIAN
JAPNNI
|
KENYA-
MOMBASA
|
JPC
EXECUTIVE SECRETARY
|
0722952947
|
lilian@mombasacatholic.org
|
|
2.
|
FR.
CENTURIO OLABORO
|
UGANDA
|
HOD
JPC DEPARTMENT
|
|
fathercenturio@yahoo.co.uk
|
|
3.
|
FLORENCE
NDETI
|
KENYA-
KITUI
|
JPC
EXECUTIVE SECRETARY
|
0717303131
|
fndeti@caritaskitui.org
|
|
4.
|
LUCY
AKELLO
|
UGANDA-
GULU
|
JPC
EXECUTIVE SECRETARY
|
+2560772843900
|
akellol@yahoo.co.uk
|
|
5
|
ENNOCENT
KIMATU
|
KENYA-
KWALE
|
MINE
WORKER
|
0727366949
|
|
|
6
|
BERNARD
KILONZO
|
KENYA-
KWALE
|
JPC
KWALE
|
0727483987
|
benkilonzo58@gmail.com
|
|
7
|
EDWARD
MARIMIRA
|
UGANDA
|
AG
SENIOR GEOLOGIST
|
+256701342973
|
marimi_edie@yahoo.com
|
|
8
|
BIRUNGI
STANISLAUS
|
UGANDA-
HOIMA
|
JPD
HOIMA
|
+256782112477
|
|
|
9
|
EMMANUEL
ALIBA KIIZA
|
UGANDA
|
NATIONAL
EXECUTIVE SECRETARY
|
+256414510246
|
akakeus@yahoo.com
|
|
10
|
TONY
MOTURI
|
KENYA
|
CONSULTANT
|
0725286377
|
tmoturi2000@gmailm.com
|
|
11
|
JOHN
KALALE EMERI
|
KENYA- LOKICHAR
|
JP
CHAIRMAN -PARISH
|
0710814130
|
kalalehohn@yahoo.com
|
|
12
|
ATAMALLO
EUSEBIUS
|
KENYA
|
PARLIAMENTARY
LIAISON DESK
|
0720480862
|
atamalo@gmail.com
|
|
13
|
NICHOLAS
ETYANG
|
KENYA
|
CAFOD
|
0721143207
|
netyanng@cafod.or.ke
|
|
14
|
JOSEPH
OKUMU
|
KENYA
|
CUEA-
CSJE
|
0716306608
|
okumu27@gmail.com
|
|
15
|
JACQUELINE
OPAR
|
KENYA
|
PRODUCER-
RADIO WAUMINI
|
0720807113
|
jalopar@yahoo.com
|
|
16
|
KAKEETO
A RICHARD
|
KENYA
|
CUEA-
CSJE
|
0724200342
|
rkakeeto@cueae.du
|
|
17
|
MWENDONI
FRANKLIN
|
KENYA
|
CONSULTANT
|
0721708911
|
jungafrank@gmail.com
|
|
18
|
LAURETA
MADEGWA
|
KENYA
|
CAFOD
|
0724255903
|
lmadegwa@cafod.or.ke
|
|
19
|
SOPHIA
NGIGI
|
KENYA
|
|
0721976915
|
hsophia2003@yahoo.com
|
|
20
|
BEATRICE
ODERA
|
KENYA
|
CJP
NATIONAL EXECUTIVE SECRETARY
|
0722310265
|
beatrice@catholicchurch.or.ke
|
|
22
|
MARTIN
OMWANGE
|
KENYA
|
CPLO
|
0720963580/ 0722457114
|
omwange@catholicchurch.or.ke
|
|
23
|
VERY
REV. FENDINARD LUGONZO
|
AMECEA
|
AMECEA
SECRETARY GENERAL
|
0727498964
|
secgeneral@amecea.org
|
|
24
|
FR.
CHRISANTUS NDAGA
|
AMECEA
|
COMMUNICATIONS
COORDINATOR
|
0714208220
|
communications@amecea.org
|
|
25
|
CHRISTINE
MBUGI
|
AMECEA
|
ADMINISTRATIVE
SECRETARY
|
0732747332
|
cb@amecea.org
|
|
26
|
PAMELA
ADINDA
|
AMECEA
|
COMMUNICATIONS
OFFICE
|
0723490391
|
communications@amecea.org
|
|
27
|
FR.
FEBIAN PIKITI
|
AMECEA
|
PASTORAL
COORDINATOR
|
0716857472
|
pastoral@amecea.org
|
