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  • Miners searching for gold from the dust collected from a gold pit in Kasanda-Mubende

    Karamojong community cries foul over Tororo Cement mining site

    Miners searching for gold from the dust collected from a gold pit in Kasanda-Mubende

    About 25 kilometers outside Moroto Town, along the Moroto-Kitale road that leads to one of the Kenyan borders, is a limestone mining site, located precisely in Katikitile Parish, Tapac Sub County. In the early 2000s the site was abuzz with activity: “The entire sub county of Tapac used to work here,” says Mr Lokiru Sisto Dodoth, the Gombolola Internal Security Officer (GISO). Locals set up camp at the site which was abuzz with life. It was their livelihood.

    “Then, about 60 – 80 trucks used to collect limestone daily,” he says. The limestone site which sits on over 49 square kilometers is one of two licensed mining areas Tororo Cement owns. Today however, only a handful of locals work at the mines. The vast site is dotted with heaps of limestone boulders; some have been there for over a year without being bought, according to Mr Lokiru. Under the baking heat though, youthful men continue to toil; breaking huge boulders with sledge hammers and loosening others with crow bars. An elderly man, probably in his 70s, with the help of a cane, hobbles around a heap of boulders as he keeps a keen eye to ensure the young men nearby do not touch them. We are told he is waiting for his sons to come and start working on them.

    At a distance is a heavy duty grader that makes the work lighter. The Tororo Cement machinery digs up the huge boulders for the miners to work on. You could be forgiven for likening the experience to a labour camp. This work is no walk in the park; yet, one could go months without earning anything. For only a handful of trucks make it to the mines these days; business is very slow. “These days only about 9 or 10 trucks come for limestone,” says Lokiru. Yet, proximity to an access road also determines if one will get market.

    “When a truck comes obviously the priority is the heap that is closest to the access route. This also determines the ease and pace with which 15 or so tons of boulders will be loaded,” says Mr Nathan Mushetsya, the regional inspector of mines. But to the local miners, who are mainly the Tepeth, there is a conspiracy to sideline them and deprive them of earning. When the trucks show up they come with loaders meaning the locals don’t get work. Worse still there are migrant miners who speak other languages who truckers tend to prefer dealing with.

    “Our people here are not given work. Truck drivers prefer to buy from other people so locals don’t get market,” Tapac Sub County officials, led by Mr Lomel Peter, LC3 chairperson, assert. Mr Lowel Thomas, 35, has worked at the site for seventeen years but says he has not benefited anything. The father of seven is worried that after all the years of toiling, he is running low on energy to fend for his family. Unfortunately, his alternative for income generation which would be agriculture is a distant consolation.

    Mr Lokiru, the GISO says they have not had any meaningful harvest in five years because of adverse weather conditions. A record five-year drought hit the region in 2009. Local government speaks out, blames the locals’ woes on Tororo During a meeting at Tapac Sub County headquarters officials told a team from Oil in Uganda that Tororo Cement is responsible for their woes. They blame the company for their predicament and the locals’ frustration. “Every time we have called them to meet to discuss what we want, they have kept away. Maybe you should bring them closer to us because we have failed,” Mr Lomel says. Mr Mushetsya, who has met some of the officials before during an extractives stakeholders’ workshop, notes that Tororo had asked for a liason they would work closely with. Mr Lomel says that person, who was sent from the district, has not been of any help. Tapac’s woes unsurprisingly include land related issues. Bonafide landlords have never received any royalties as remitted by Tororo Cement, the officials said. Landlords are entitled to 3 percent on total royalties paid out by a mineral prospector as per the law. However the money instead was being sent to another sub county through the Community Development Officer. This issue has since been rectified and the landlords are in the final stages of registering an association through which they will be receiving their money.

    Additionally officials say Tapac Sub County does not access royalties of 7 percent paid out by Tororo Cement. This money is remitted to the district which then posts it to the sub county’s account. Mr Omonuk Paul, Production Officer Tapac sub county, says the district restricts them on how to use the money. “We even wanted to buy a vehicle to ease our work but the district refused yet we know the money is there on our account,” Lomel charged.

    Mr Mushetsya however says the sub county has the mandate to use the money as per their development plans; the district leadership cannot dictate on it because it is the sub county that are held accountable. We also learn that Tororo pays out Sh7,000 for every truck that leaves the mines but the money never reaches the sub county. It however turns out that Mr John Bosco Moru, the former sub county chief, used to pick the money without their knowledge and pocketed it. He was later dismissed. The officials’ submissions are testament that the relationship between Tapac Sub County and Moroto Local Government is rocky. There is evidently a communication gap; information does not trickle down to the sub county. Tororo cement sets record straight.

    The Tororo field office is located in Kosiroi, about 5 kilometers from the limestone mines. The site manager, Mr Akenda Kennedy and a few staff are welcoming, but are taken aback by the level of accusations against Tororo Cement.

    Mr Akenda explains the miners’ predicament regarding low business volume. He says the number of trucks fell drastically after Uganda National Roads Authority cautioned them on overloading impacting negatively on roads. “The distance from Moroto to the factory in Tororo is over 300km. Imagine if a truck is to consume over 250 litres of fuel to transport just 11 tons of limestone. So most of the truck owners put them to other use,” Akenda explained the business sense of it. “Tororo is in the process of expanding and another plant in being assembled. May be then business will boom again,” he said.

    He also explains that they were directed by Tapac officials to hold payments of the truck royalties after they discovered the sub county chief had been pocketing the money, but says all records are in place and the money will be remitted the moment the mess is sorted out. Despite all this, Tapac Sub County leaders are raring to go and are determined to fight to benefit from what is theirs. In fact, when Tororo ventured into the region they had their own workforce but the locals stood their ground and insisted that they would mine and sell them the limestone. For now, the leaders say they, in consultation with the locals to capture their expectations, are drawing up a Memorandum of Understanding with Tororo Cement upon which both parties will have to agree for harmony to prevail.

    By Robert Mwesigye Oil.Uganda@actionaid.org

  • Photo by Francis Mugerwa.

    Rwamutonga families to be re-evicted; Masindi court has ordered

    Rwamutonga displaced residents shortly after the return to their homes on the land from which they had been evicted in 2014. Photo by Francis Mugerwa.

    Hoima

    Masindi High Court has cleared another eviction for families in Rwamutonga village, Hoima district, where a US firm wanted to set up an oil waste treatment plant.

    An order dated April 4th 2017 signed by the assistant registrar Acio Julia cleared Ochika Julius, a court bailiff, to give vacant possession of the land to Tibagwa Joshua and Kusiima Robinah and to demolish any illegal structures on the land.

    The land is on certificate titles under VRF 10521, Folio 6, Block 44 measuring 103.553 hectares located at Rwamutonga village, Katanga parish, Bugambe sub-county in Buhaguzi County.

    “Whereas the above mentioned land is in possession of Abwoli Mukubwa Beatrice, Uromacan Martin, Ausenge Petero, Onita Quinto, Latim Alex, the applicants, their relatives, agents or servants was decreed to Tibagwa Joshua and Kusiima Robinah,” the order reads in part.

    “You are hereby directed to put Tibagwa Joshua and Kusiima Robinah in possession of the same and authorized to remove any property/persons bound by this decree that may refuse to vacate the same,” the order stated.

    The order, which was kept a secret from the families facing eviction, became known on April 20th when it was served to Hoima district security committee members.

    The order has sparked tension and fear among the families who were evicted from the same land on August 25th 2014.

    The families that lived in a makeshift camp near the land for about three years returned to the land in March this year (2017)after being permitted by Robert Bansigaraho who is in a land dispute with Joshua Tibagwa.

    IGP clears eviction

    In a letter dated April 19th, addressed to the Albertine regional police commander, the office of the Inspector General of Police cleared the eviction.

    “The purpose of this letter is for you to comply with the court order. If any person feels aggrieved by the court order, the remedy is to appeal or cause review of the matter at hand,” Nairuba Diana, an official in the Police’s Legal department wrote for the IGP.

    According to Nairuba, the applicants applied for a review of the court order which was clearly denied by the learned judge. The trial judge was Justice Simon Byabakama who has since been appointed Uganda’s Electoral Commission chairman.

    “A court order is a court order and cannot be replaced by an administrative decision, thus be advised to comply with the order as guided by the commandant land protection unit in the attached forwarding letter,” the letter referenced PLS 62/211/01/VOL 56 read.

    Mr Atich Nelson, LC111 Chairman Rwamutonga village talks to ActionAid’s Extractives Project Officer Flavia Nalubega during a visit to the displaced persons in Rwamutonga. Photo by Francis Mugerwa.

    Prime Minister had blocked eviction

    The Prime Minister’s office had previously blocked the eviction of the families. This was directed in a letter dated March 6th 2017 signed by the First Deputy Prime Minister Gen Moses Ali and addressed to the Albertine regional police commander Police:

    “Please ensure that no eviction takes place, with a view of enhancing peace and tranquility. By a copy of this letter, the minister of internal affairs is hereby informed and so is the Inspector General of Police (IGP),” stated Ali who is also a deputy leader of Government business in parliament.

    Gen Ali reminded police about the ruling at Masindi High Court in which Justice Simon Byabakama declared their eviction as wrongful on October 22nd 2015.

    Judge petitioned to halt eviction

    The centre manager at Justice Centres Uganda, Mr. Tiyo Jonathan, wrote on April 21st 2017 to the Masindi resident judge asking him to exercise his supervisory powers and halt the execution of the eviction and investigate anomalies in the court process.

    He said the bailiff had been directed to put Tibagwa and Kusiima in possession of the land from where the families were wrongfully evicted.

    He stated that the lawyers are preparing to file an application for a judicial review to quash the warrant and prohibit the intended execution so as not to cause injustice and inconvenience to the families.

    Much as the eviction has not yet taken place, it can be executed anytime from now. The eviction order will expire on May 4th 2017.

    Rwamutonga displaced residents shortly after the return to their homes on the land from which they had been displaced in 2014. Photo by Francis Mugerwa

    Background

    Robert Bansigaraho who in 2014 entered into a consent judgment and surrendered his title covering 103 hectares to Tibagwa has since withdrawn from the deal and allied with the families.

    He argues that the families have suffered enough as a result of displacement which prompted him to allow them back on the land.

    Mr. Tibagwa sued Mr. Bansigaraho accusing him of grabbing his land. However in a turn of events, Mr. Bansigaraho entered into a consent judgment with Mr. Tibagwa in September 2013 in which Bansigaraho surrendered a title covering 103 hectares to Mr. Tibagwa.

    Mr. Bansigaraho, however, says he regained his land after Mr. Tibagwa failing to give him an alternative 350-acre piece of land, compensating squatters and fully compensating him.

    Mr. Tibagwa insists that Mr. Bansigaraho surrendered to him his title and signed the title transfer forms.

    Mr. Tibagwa consequently applied to court for an eviction order to evict Mr. Bansigaraho and occupants of the land which he obtained in July 2014. The over 250 families were then evicted in august 2014. The eviction was later declared unlawful and should not have happened in the first place, Masindi High Court ruled.

    By Oil in Uganda Correspondent, Hoima

    Oil.uganda@actionaid.org

  • Nivatiti Nandujja, Human Rights Coordinator (AAU). Photo by Francis Emorut

    Address challenges faced by women in mining – MPs, activists ask government

    Ms Nivatiti Nandujja, Human Rights Coordinator (AAU) speaking at National Dialogue. Photo by Francis Emorut.

    Members of Parliament and human rights activists have asked government to enforce the laws in the mining sector to protect the right of women in the sector. The MPs and other stakeholders said women in the minerals sector face a lot of challenges, which need to be addressed.

    The call was made during the National Dialogue on Land and Extractives, under the theme, “Harnessing citizen participation for good governance and sustainable livelihoods,” at Hotel Africana on Wednesday, April 26, 2017. The conference was attended by government officials, artisanal miners, district leaders, cultural leaders and civil society representatives among others.

    Nivatiti Nandujja, Human Rights Coordinator at Action Aid Uganda (AAU), said the extractives sector is male dominated and women participation is wanting. She explained that the few women employed in mines are working under inhuman and poor working conditions with meager pay.

    “Women working in mines do not enjoy the entitlement provided for by the law. They don’t get maternity leave or sick leave, but instead, when they get pregnant, they are simply laid off,” Nandujja said. She said despite the good policies and laws on gender based violence, the position of women has not improved and advocated for other interventions in addition to enforcement of policies and laws in order to ensure gender equity in extractives sector.

    Catherine Nyakecho, a Geologist working with Ministry of Energy and Mineral Development disagreed with MsNandujja that the minerals sector is male dominated. She quoted a research by African Center for Energy and Mineral Policy (ACEMP) that revealed that of the sites visited, women are more into stone quarrying, salt mining, marble, limestone, and sand mining – the low value minerals, while the men are where the money is.

    Catherine Nyakecho,  Geologist, Ministry of Energy and Mineral Development speaking at National Dialogue. Photo by Francis Emorut.

    However, she said women in mines have been exposed to more poor working conditions than men. For instance in stone quarrying, she said women and children are engaged in crashing stones with their bare hands, which exposes them to accidents and a lot of dust, which affect their lives.

    Despite spending a whole day crashing stones, women get meager pay. “Stone quarries lack toilets and therefore women during menstruation periods have to travel back home for health break – wasting a lot of their valuable time and when they fall sick, they get no payment,” she said.

    Nyakacho explained that in salt mining, men wear condoms to prevent salty water from entering their bodies through their private parts, but in contrast, though women need protective gears too, they are normally not provided for, and thus enter salty water without protective gears, which has negative consequences on their health.

    In gold mining, women are exposed to dangerous chemicals like mercury. Whereas the men get the ore or gold sand out of the ground, Nyakecho said women are exposed to mercury during panning for gold which affect their lives. Weighing in on mercury, one of the participants from Amudat district said there is a worrying trend that feet/legs of women working in goldmines are swelling, due to what she suspects could be prolonged exposure to mercury.

    Deborah Ariong, the Natural Resources Officer, Amudat district, said she had witnessed breast-feeding mothers panning gold with mercury and then breast-feed babies thereafter. She called for strict enforcement of health and safety measures in mines like ensuring all workers wear protective gears.

    Betty Atiang, programme Manager at Saferworld Uganda, told the extractives sector in Uganda is expanding, and as it expands, it is worsening existing tension and exposing new conflicts. The sector, she explained, is faced with land conflicts in form of land grabbing, contention over surface rights, conflicts that relate to allocation of royalties, environmental degradation and gender based violence among others. She observed that conflict is an impediment to good governance and implored participants to make a contribution towards promoting conflict free extractives sector, transparency, accountability, citizen’s participation in decision making.

    Plenary discussion at National Dialogue. Photo by Francis Emorut.

    Drawing from his experience as an artisanal miner in Mubende district, Emmanuel Kibirig said women of today can do mining, though by their nature they can’t go inside the pit. Therefore, in the pit, miners don’t employ women. He explained that in gold mining, the value chain is that men dig and go inside the pit in order to extract gold ores/sand on the ground for women to their work in the value chain.

    Mukitale Mukitale, the MP Buliisa, said women artisanal miners need to form strong cooperatives or associations, through which they can demand for more protection and seek help. Weighing on the discussion, Adong Lilly, Woman MP Nwoya district, told in order to protect women rights, there is need to amend the laws and policies governing the minerals sector to cap a percentage of jobs and contracts to be given exclusively to women. This will ensure that women in the sector are empowered.

    By Edward Ssekika

    Oil.uganda@actionaid.org

  • L-R: Hon. Peter Lokeris, Hon. Michael Mawanda and the Anti Corruption Coalition's Abbas Kigozi

    National Dialogue to impact on governance of the Extractives Sector

    CSOs have organised a dialogue slated for Wednesday the 26th April 2017

    Archive photo from former event. 

    Four of Uganda’s Civil Society Organizations (CSOs) are hosting an annual multi-stakeholder national dialogue under the theme; Land and Extractives – harnessing citizen participation for good governance and sustainable livelihoods.

    The meeting that is expected to attract more than 100 participants is aimed at ensuring that stakeholders at the grassroots interact with the leaders at both local and central government to ensure transparency and good governance of the oil, gas and mineral sector.

    The convention, organized by Action Aid Uganda (AAU), Civic Response on Environment and Development (CRED), Saferworld Uganda and Transparency International Uganda (TIU), will be held at Hotel Africana on Wednesday the 26th of April, and among the invitees are delegates from Parliament, the private sector, industry players, government agencies, local government leaders, community leaders, community representatives and relevant CSOs.

    The meeting arose out of findings by civil society regarding the increasing unplanned and untimely displacements and land disputes in the oil rich and mining areas, which inhumane activities affect people, particularly the less privileged, including women and children.

    Instead of remedying this pattern, the government has instead recently decided to worsen the problem by proposing an amendment to Article 26 of the Constitution with the effect of allowing government to acquire land before effecting compensation to the project-affected person.

    Elaborating on the expected outcomes from the meeting, Mr. Ivan Mpagi, the Extractives Governance Project Manager at ActionAid Uganda, explains that the meeting is meant to create a platform for discussing the challenges in the extractive sector by engaging policy makers on what needs to be done in order to address these challenges.

    “We want to bring the oil companies together to tell Ugandans how far they are in the actual extraction of oil,” Mr. Mpagi says. “The extraction will generate employment, and it will generate revenues as well, and we as civil society want to monitor this development and hold these actors accountable.”

    He further expresses hope of more transparency concerning the government’s exploration agreements with the oil companies (Tullow, CNOCC and Total), as he finds the government to have been “very secretive” until now. “Through the dialogue we hope that Ugandans can be told about the agreements made with these companies.”

    By Preben A. Martensen-Larsen   

    Oil.uganda@actionaid.org

  • The home (rightful land) to the 200 families who had been evicted in Rwamutonga. Photo by Preben A. Martensen-Larsen.

    ‘We live like animals’, Former Rwamutonga refugees speak out

    The home (rightful land) to the 200 families who had been evicted in Rwamutonga. Photo by Preben A. Martensen-Larsen.

    The current situation for the over 200 indigenous families (1500 people) formerly evicted from Rwamutonga, Hoima District, is characterized by major problems, and it has been thus, since their return on their land  in February this year, the residents claim.

    A recent visit by a team from ActionAid Uganda found a suffering hungry humanity, sleeping under tattered shelter made of tarpaulin, and crying babies who appeared malnourished while many seemed to have gone hungry for days

    In August 2014, families were evicted from their land of over 485 hectares on which they had lived as squatters for years, hence becoming owners.  The land, whose alleged rightful owners are Robert Bansigaraho and Joshua Tibangwa, was leased to an oil waste management firm MCalester Energy Resources. In the process, the residents were evicted and  left homeless and these were only saved by a good samaritan who allowed them to elect a camp on his land, to find shelter there as they awaited justice to prevail.

    Recently, more than two years after the eviction, a bright light shone on the residents when justice prevailed and the long awaited judgement was made in their favour. Thanks to the court order, the local leadership, the people’s zeal and support from one of the landlords Mr Basingaraho as well.

    The court ruled that the people were wrongly evicted, and there was need for fresh negotiations with the owner. Mr Basingaraho accepted the residents to return on the land arguing that he did not own the entire land, but just part of it.

    And even more recently, the 1st  Deputy Prime Minister Gen. Moses Ali supported the cause. He stayed police from any further re-evictions of the Rwamutonga residents unless court states so.

    No water, food or medicine

    Whereas the good news is that families are trying to establish themselves exactly as they were before the eviction, the darker side of this is life is very tough for them. Life here is no fairy tale.

    Mothers carry their babies on the back whole day and move home to home in search of food. There are no smiles there, everyone looks angry, frustrated and lifeless – blaming it on hunger.

    “The major issues at the moment are lack of food, no water, or medicine,” Gladys Ougyumoti told Oil in Uganda during the visit in early March, “We are like wild animals, we just move from place to place in search of food.”

    Worse still, they are just getting back to their gardens (which have turned into bushes in the last two years) to plough, but the fruits are far from reach since the ploughing just started.

    Worse still, there is hardly any permanent shelter here, as many are using tattered tarpaulin to cover the houses made of sticks. The houses get socked in water when it rains, and they are open to mosquitoes and wild animals since there are hardly any doors.

    “We are drinking water with the baboons. We are living a baboon live, “Mr Rashid Amora a resident here told Oil in Uganda

    And the health of everyone does not brighten up the day either. Almost everyone is coughing, and mosquitoes do not spare them either. Malaria has become a part of them; the infants are testimony to this. Many lie almost lifeless, suffering from malaria yet with no access to medicine. Reports show that an effort to access treatment from the health centres has been in vain as they are chased away by medical workers: “They look at us like dirty (filthy) people who are homeless. They tell us not to disturb them when we ask for medicine,” Ms Lucy Alungat said.

    “We are living like how we lived in the camps. In fact, the camps were better because people would send us food, bags of posho and beans. But here, we do not receive free food anymore. We do not receive medicine,” Ms Alungat revealed.

    Furthermore, Ms. Gladys Ougumort added that long distances to any kind of treatments are just some of the problems that women face.

    A grime future ahead

    According to Betty Kosemerwa, who is still breastfeeding her infant son, it is very difficult to give much thought about the future under the current circumstances. One thing she is certain of is that the discovery of oil will have bad effect on many people in Uganda, and the eviction in Rwamutonga is a clear example of this.

    Ms Kosemere whose husband was blinded by tear gas, thanks to the fights with Police and their current landlord over this land, is responsible for the entire household, which is a big burden to her. She is therefore more concerned about getting more basic and urgent needs now.

    Ms Kosemerwa requested civil society to talk to government and convince them that people, like the wrongfully evicted families in Rwamutonga, have rights over the land. “Government has to come and understand where people are and how they live,” she added.

    ActionAid Uganda’s Project Manager Ivan Mpagi retaliated Ms Kosemerwa’s statement, urging government to play its part. He urged them to support the legal process to ensure that the evictees see full justice and regain back their land.

    By Preben A. Martensen-Larsen and Flavia Nalubega

  • cso-lands

    CSOs Launch Albertine Region Land Platform

    Civil Society Organizations working on land issues in the oil rich region have launched a sharing platform dubbed the Albertine Region Land Platform (ARLP) to devise mechanisms to curb the rampant land disputes in the region. Read More

  • A section of the displaced residents at a recent meeting in the camp. (Photo: Courtesy Global Rights Alert)

    Rwamutonga Evictees Return On Land After Two Years Of Displacement

    A section of the displaced residents at a recent meeting in the camp. (Photo: Courtesy Global Rights Alert)

    The evicted Rwamutonga residents have returned to land from which they were evicted two years ago, Oil in Uganda has established. Read More

  • Part of Agricultural Land filled with rocks. Photo from Healthy Land

    Family Sues Government for Unlawful Use of Rock

     

    Part of Agricultural Land filled with rocks. Photo from Healthy Land

    Is a rock found in your land a mineral and therefore vested in the State?

    A family in Oyam District has sued the Government of Uganda and Sino Hydro Corporation Ltd for unlawfully crushing ‘its’ rock into aggregate and using it to construct Karuma hydro-electric power  dam without compensation, Oil in Uganda exclusively reveals.

    In the suit Etot Paul and others Vs Attorney General and Sino Hydro Corporation Ltd, filed in 2015 in the Land Division of the High Court, the family of Mzee Etot wants court to compel Government and Sino Hydro Corporation Ltd – a Chinese company constructing the 600 megawatts Karuma dam, to pay for aggregate derived from the family rock.

    According to the family, it all started in 2012, when the Ministry of Energy and Mineral Development decided to compulsorily acquire land near and around Karuma to pave way for the construction of the dam.

    “Part of Mzee Etot’s land was among parcels that government acquired for construction of the dam. However, government only assessed the value of the land and development on it without taking into consideration the value of the rock on the land,” family spokesperson told Oil in Uganda.

    The family claims that since it owns the land, it also owns the rock on the land, and therefore deserves compensation for the value of the rock.

    “Consequently, government unlawfully took over the family’s parcels of land adjacent to river Nile, and handed it to Sino Hydro Corporation Ltd for the construction of the dam,” the plaint reads, further noting that part of the land which also contains a rock is also their property.

    Through their lawyer, George Omunyokol, the family claims Sino Hydro Corporation brought a rock crusher and crushed the rock into aggregate that it is using to construct Karuma hydro-electric power dam  free of charge.

    Omunyokol argues that stones and rocks are not minerals and therefore government should compensate the family for unlawful use of its rock.

    “The stone/rock in our clients land is not a mineral because the Constitution excludes it from minerals,” he states in the plaint.

    Omunyokol’s argument is premised on Article 244(1) of the Constitution of Uganda that vests the entire property in and control of all minerals and petroleum in government on behalf of the Citizens.

    Article 244 (5) of the Constitution excludes clay, murram, sand or any stone commonly used for building or similar purposes. “So, clearly, the Constitution is clear, it excludes stones from minerals,” Omunyokol told Oil in Uganda.

    Consequently, the family hired professional geologists to quantify the value of the rock and according to the technical evaluation report seen by Oil in Uganda, puts the value of the rock at $ 6.5million  (approximately Shs 22 billion).

    According to the geologists, the rock has capacity to produce about 650,000 tons of aggregates. Therefore, at a market value of $10 (about Shs 33,000/=) per ton, the rock is worth $ 6.5 million (about Shs 22bn). Therefore, in the suit, the family wants court to order government to pay $ 6.5 million in compensation.

    In addition, the Chief Government Valuer conducted valuation of the entire family property which includes; the value of crops, buildings and land to worth 813million Uganda shillings. These monies have not been paid to date.

    Oil in Uganda has established that government withheld payment of the compensation, due to the standoff over the rock.

    The family seeks a declaration that the actions of Sino Hydro  Corporation quarrying the family’s rock, crushing it into aggregates and using the aggregates for the construction without compensation is unlawful and unconstitutional and seek compensation for the value of the crushed rock at the market rate.

    However, the Attorney General, in a Written Statement of Defense to the suit, insists that a rock is a mineral and therefore vested in government  and the family is not entitled to any compensation so court should dismiss the suit with costs.

    “In respect of the claim for compensation for the rocks found on the suits, the plaintiffs [family] are not entitled to compensation in view of the provisions of the Constitution read together with various provisions of the Mining Act 2003,” the AG argues in the defense.

    According to Andrew Karamagi, the legal argument by George Omunyokol is sound since rock is part of land and is not a mineral, hence its value should be factored into the computation for the final value of the said piece of land.

    “There is a Latin maxim about land which argues to the effect that cujus est solum ejus usque ad coelum (translated to mean- he who owns the land owns everything above and below it). In mutatis mutandis with the Constitution of Uganda which precludes minerals, it is clear that this rock is on the land and is therefore part of the impugned land,” he told Oil in Uganda.

    Last year, Uganda National Roads Authority (UNRA), was embroiled in wrangle with businessman Pius Mugalaasi, over the value of a rock on the Entebbe- Express highway on his land. The Roads Authority was eventually forced to divert the road.

    The value of rocks found on land is becoming an issue given the demand of aggregate for various on-going projects. If for instance the court rules that a rock is not a mineral, and therefore a property of the land owner, even when exploited for commercial purposes, will set a precedent that could raise the value of rocky lands.

    Report by Edward Ssekika.

  • Some of the children in the make shift cap in Rwamutonga. (Photo: F. Mugerwa)

    2 Years Down, Rwamutonga Evictees Await Justice

    Some of the children in the make shift cap in Rwamutonga. (Photo: F. Mugerwa)

    High court Masindi has indefinitely postponed the hearing of the Rwamutonga case where more than 200 families were brutally evicted to pave way for the construction of oil waste treatment plant, Oil in Uganda has learnt.

    Justice Albert Rugadya Atwoki, High Court resident judge Masindi was expected to give a ruling on an application on January 19, 2017but informed the court that he would make a ruling on notice.

    According to Bashir Twesigye, Executive Director Civic Response on Environment and Development, the judge’s move to make his ruling on notice shows that the judge is not comfortable with the case hence the hesitation to make a decisive ruling.

    “Hon. Justice Rugadya should not have any excuse ruling on the case because he has had six months to study the case,” he argued.

    “The judge making a ruling on notice means that he will make a decision when he feels ready,” he explained to Oil in Uganda, adding that since the first ruling was done last year, this second ruling would give the evictees a mileage and has been pending for a year.

    The families were evicted in August 2014 from the two pieces of land; one titled in the names of Robert Bansigaraho and another in Joshua Tibagwa. The affected families have since been living in Kakoopo Internally Displaced Persons camp (IDP) with no stable  source of livelihood.

    Nelson Atich, Bugambe District Councilor  and representative of the evictees told  Oil in Uganda, that they are shocked by the judge’s decision to make the ruling on notice.

    “We are now thinking of petitioning the Principal Judge over this matter,” he stated.

    “When we went to court on 19th, January, 2017, we were surprised when the clerk to the judge told us that the judge will give us the ruling on notice. We are in a dilemma, but we think we are not getting justice from courts of law,” Atich said.

    He further added that the evicted families have been living in a camp for close to three years now under inhuman conditions yet the case has not been given priority,” Atich said.

    A section of the displaced residents at a recent meeting in the camp. (Photo: CourtesyGlobal Rights Alert)

    Oil in Uganda has learnt that the court ruling was actually meant to be given on December 8, 2016 but was postponed to January 19, 2017.

    Last year, Justice Simon Byabakama, the then resident judge Masindi ,ruled that 53 families out of the 200 families affected were illegally evicted on land owned by Robert Bansigaraho since the eviction court order was issued in error.

    Justice Byabakama  in his ruling also ordered Bansingaraho to compensate the evictees for the unlawful eviction.

    “The eviction was unlawful and should not have happened in the first place because at the time of the execution of the warrant of vacant possession, there was an ongoing suit to determine true ownership of the land,” ruled Justice Simon Byabakama last year.

    The court went ahead to award costs of the application to the residents, but declined to restore them on the land until the main suit was determined.

    In their case application, the evictees, through their lawyers Iam Musinguzi of Musinguzi and Co. Advocates and Jonathan Okiria, an advocate with Justice Centers Uganda in Hoima are seeking a declaration that the families  were unlawfully evicted by Tibagwa Joshua and should be awarded compensation.

    In November 2016, Betty Amongi, Minister of lands visited Rwamutonga camp and appointed a probe committee to investigate and establish the rightful owners of the disputed land.

    According to Isaac Kawooya, Hoima Resident District Commissioner,  the committee finalized its investigations and has submitted a report to the minister.

    Report by Edward Ssekika 

  • Resetlement houses

    Refinery residents to be relocated in February

    Government will in February 2017 relocate 46 families who opted for resettlement to pave way for the proposed oil refinery in  Kabaale parish, Buseruka sub-county, Hoima District, Francis Elungat, the Land Acquisition officer Ministry of Energy and Mineral Development has revealed.

    In June 2012, government acquired a 29sq. Kilometre piece of land covering 13 villages Hoima District thus displacing 7,118 people.

    The families are to be resettled on a 533-acre piece of land in Kyakabooga village in Buseruka sub-county; 3kms off  Bisenyi trading centre located along Kaiso-Tonya road. Kyakabooga village is located 20 kms away from Kabaale parish.

    A resettlement home that has been built in Kyakabooga village in Hoima district.

    Elungat said that government will first hand over the 46 completed houses to the affected families in February and also provide food supplies to the families for the next six months.

    Each family has been promised a cow, two goats, 10 kilograms of maize seedlings, a machete, hoe and other domestic tools,” he revealed, adding that these supplies are meant to sustain the families till when they will be self-reliant.

    The other 29 families that did not have houses on the land will also receive land titles of their lands in this same area,” he added.

    According to Elungat, each family will be allocated a piece of land the same size as the one they previously owned in the refinery area.

    We are giving a minimum of one acre even for those who had less than an acre and  each resettled family will have two land titles; one for the house and another for the farmland,” he noted.

    Mixed feeling over house design

    The completed houses seen by Oil in Uganda, will each have one sitting room, three bed-rooms, an inside  bathroom and a kitchen. Outside facilities such as outside kitchen area, pit latrine and bathrooms have been provided for.

    The houses will also be connected with hydroelectric power.

    Government has also built a seven classroom block about 200 metres away from the resettlement village and Buseruka health centre; which is about 5 kilometres away,  has been expanded and upgraded as part of the Resettlement Action Plan implementation to cater for the medical needs of the families.

    Despite the houses being built in an urban-like setting, some of the families to be resettled have expressed concerns over the designs.

    Ephraim Turyatunga, 47, says Government promised them a 3-bed room house which has a kitchen, toilet, a sitting room and a store.

    However, looking at the houses built, Turyatunga says, the kitchen is very small and no store has been provided.

    He argues that his family is comprised of 15 people who may not fit into the three bed room house.

    I stay with my father, mother and two of my married sons and their families. Will we all fit in that small house?” he questioned.

    “Even the food package which government is providing for is not going to be enough to feed my family.”

    Warom Gura, 50 and a resident of Nyahaira village says he is no longer interested in being relocated.

     

    I changed my mind. I want compensation but am not sure if Government will listen to me” He told Oil in Uganda.

    Gura had a semi-permanent house built of mud and wattle with an iron roof on a 13 acre piece of land where he also cultivated and reared livestock.

    That small house they are giving us in Kyakabooga will not be enough for me since I have a family of 12 people,” he stated.

    According to the Hoima district physical planner Robert Mwanguhya, the construction of resettlement houses delayed due to the numerous bureaucratic consultation processes between government, consultant and the project affected persons.

    Government had initially wanted to build a house in the respective land of each relocated family, but the plan was opposed by the affected families on grounds that  they wanted to maintain social ties with neighbours” he said.

    We changed the plan to suit the proposals of the families. Now they are shifting goal posts but it is too late” Mwanguhya added.

    According to Dennis Obbo, Ministry of Lands spokesperson, in 2015 a team of physical planners conducted a topographic survey that informed the physical planning that was participatory.

    The families have waited for resettlement for over 4 years since government commenced the implementation of the Resettlement Action Plan (RAP).

    Oil in Uganda has also learnt that Strategic Friends International and government officials have already briefed the refinery-affected persons about the impending relocation exercise.

    Report by our Hoima Correspondent