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NEMA reviews environmental concerns over Tilenga project

The National Environment Management Authority (NEMA) is seeking public comments on the Environmental and Social Impact Assessment (ESIA) report for the Tilenga oil project.

The name Tilenga is derived from two local names for the Uganda Kob (Antelope) which is called “Til” in Acholi and “Engabi” in Runyoro-Rotoro.

A notice which has been pinned on public notice boards in Buliisa district indicates that NEMA received the ESIA from Total E&P Uganda and Tullow Uganda operations Pty Ltd for the proposed Tilenga project.

Under the Tilenga project, the Government through its licensed oil companies has discovered commercially viable oil deposits north of Victoria Nile in Murchison falls national park and south of Victoria Nile in Buliisa district.

The project includes jobi-Rii, Gunya, Ngiri, Kasemene, wahrindi, Nsoga, Kigogole oil fields.
Composition
According to the project documents which oil in Uganda has seen, the Tilenga project is composed of well pads, a central processing facility and other associated facilities, production and injection network of pipelines and cables, Bugungu airstrip, Tangi operation camp, a water abstraction system, victoria Nile crossing, river Nile pipe crossing and some roads.

The project also includes temporary construction camps, construction support base, a logistical check point in Masindi and borrow pits.

“The public is further notified that the outcomes of the public review will contribute towards making a final decision of the project in accordance with the Environment impact assessment regulations” a notice released by the NEMA Executive Director Tom Okurut reads in part.

According to the notice, members of the public have been asked to submit their comments by November 9th 2018.
CSO Petition NEMA
13 civil society organisations have asked NEMA to hold public hearings to enable locals have an input in the studies.

“It is through public hearings that oil host and affected communities, the poor, marginalised and illiterate will be able to make comments on the ESIA to enable NEMA make a decision based on the collective input of all concerned stakeholders” the CSOs said in a joint letter to the NEMA executive Director.

According to the CSOs which are working to prevent the impacts of oil on biodiversity from Buliisa, Hoima, Kasese, Greater Masaka, South Western Uganda and Kampala, they are concerned that in the notice, NEMA did not indicate that it will call for public hearings before making any decision on the ESIA.

The concerns of the CSOs are contained in a letter dated October 17, 2018 which was submitted to NEMA by the AFIEGO Chief Executive Director on behalf of the CSOs.

The Environmental Impact Assessment (EIA) Regulations of 1998 mandates NEMA to call for a public hearing where there is controversy or where a project has trans boundary impacts, the CSOs argued.

“The Tilenga oil project is controversial and will have trans boundary impacts. The project’s activities will include drawing of water from Lake Albert, whose boundaries remain a challenge between Uganda and the Democratic Republic of Congo (DRC). It should be noted that even the existence of many agreements including the Uganda Zaire 1990 Agreement, the 2007 Uganda-DRC Ngurdoto Agreement and others whose main objective was to address the peace and security challenges in the Uganda-DRC border areas through among other things providing for a framework for benefit sharing and conservation of shared resources such as the Lake Albert waters, fish and others have failed to achieve lasting results” Dickens Kamugisha, the Chief Executive officer of the Africa institute for Energy Governance(AFIEGO) said.

The CSOs warned that if the Tilenga project is not well handled, it may worsen the conflicts and loss of lives as well as environmental destruction in Uganda and the DRC.

“We need public hearings to ensure effective public consultations that can build consensus not only among Ugandan stakeholders but also stakeholders across the borders who are likely to be affected by the Tilenga project” said Kamugisha, a lawyer.

The CSO stated that available evidence indicates that NEMA has the skills and interest to do a good job but it cannot effectively play its role amidst weak and outdated laws.

It is unfortunate that for over four years, government and parliament have failed or ignored the need to complete the enactment and formulation of the new environmental laws such as the National Environment Bill of 2017, the draft EIA and Strategic Environment Assessment (SEA) regulations of 2017, the Uganda Wildlife Bill and others. Without such relevant laws to improve NEMA’s independence, funding and penalties for environmental offenders, NEMA can hardly operate rightfully.

‘It is especially unfortunate that todate, as government and oil companies are finalising major oil decisions that will have long lasting environmental and social impacts, there is no specific provision in our current laws including the 1995 National Environment Act, the Uganda Wildlife Act and others that specifically provides for NEMA to reject oil activities even in the most critical biodiversity areas such as Lake Albert, River Nile, Budongo Forest, Murchison Falls National Park, and others of national and international importance,” the petition which was received and stamped by NEMA on 18th October reads in part.
Demands

“NEMA should use its powers not to issue any certificate of approval for oil projects as a condition to force parliament and government to complete the new environmental laws and regulations” the petition stated.

The CSOs have asked government to establish a multi-stakeholder committee comprised of actors from government, the private sector, religious and cultural groups, CSOs, the academia and others to act as an independent multidisciplinary oversight body to promote compliance with environmental conservation tools such as EIA, SEA, ESIA.

The CSOs have further asked NEMA to delay any decision to issue a certificate of approval for the Tilenga ESIA until the new environmental laws and regulations are put in place by government and parliament.
This will help the country to stop engaging in oil activities based on a weak and outdated environmental legal framework, the petition added.

By Oil in Uganda correspondent, Bunyoro