LEGAL AND HUMAN RIGHTS DIMENSION OF OIL AND GAS IN EXPLORATION IN UGANDA.
Is oil and Gas “curse” in Uganda, or we suffer from the “Dutch Disease”. These were the words of the participants at the workshop to understand the link between the Oil and how the community rights can be realized and protected and how CSO’s can create awareness about Oil in the community. The workshop was organized by HURRINET UGANDA. Participants were from different CSO’s operating in the Ruwenzori region.Ric-net staff to attended and share the following as observation from a one day workshop.
Introduction of Oil exploration in Uganda.
The exploration begun in 1920 up to 1952. In 1983 Oil exploration resumed and led to the creation of Petroleum Unit of 1985 and the subsequent petroleum Act. During this period a lot of survey was done about Oil but little realized. In 1993, regulations were passed to regulate petroleum activities and later Government started to market these resources. This has led to the current exploration activities taking place in Uganda.
The areas having Oil in Uganda are; the Albertine Graben, the Hoima Basin, the Kioga Basin,kadama area,L.Wamala basin and Victoria basin. High potential of Ugandans Oil is embedded in the Albertine Basin which stretches from West Nile towards Kisoro.It borders DRC through the several ecosystems.
The status for licensing of Oil in Uganda as; Block 1 Pakwach basin to Heritage Oil and Tullow ,Block 2 Albert Basin to Tullow, Block 3A Semulik basin to Heritage-Tullow and Block 4c to Dominion.62 wells have been drilled and 58 are having Oil, this make it 92%success rate. The quality of Ugandan Oil is Medium value in solid state with low Gas ratio and about 2.5 billion barrows discovered. Uganda Plans to build the refinery in kabala-Bullisa districts.
Legal and Human rights frame work in Uganda as far as Oil is concerned.
The constitution of Uganda talk about the ownership as provided in the Article 26 (constitutional provision and amendment) “all mineral and petroleum in, on or under any land or water in Uganda are vested in the Government on behalf of the republic of Uganda”. Why the government of Uganda and Republic at the same time brings concern that it belongs to the Ministers and the President.
But Article 26 of the constitution guarantee the right to own property and land being part, but the same land can be taken by the Government for the purpose of Public use. This same Article has been used in Bullisa to evict the people from their land. Section 5/3 of the land acquisition Act requires a person having an interest in such land to “state the amount and the particular” and their claim for compensation of those interests. But such have been challenged by Ignorance of the local people, land grabbing, and low value of money on the side of the peasants above all the payment taking time to be realized.
The grazing and cultivation rights seem not taken into account especially Article 37 which talks about the right to practice and cultural practice as grazing. But the concern was how the cattle in the grazing community were taken into consideration during this eviction process. The petroleum Act Section 39 talks about the same.
The environmental Impact Assessment especially section 20(I) entails the company to carry out study and submit a statement to NEMA. The statement shall be Public document which may be inspected which could be done through public hearings, meetings interviews
Right to clean and health environment should be taken into consideration. Article 39 of the constitution and the petroleum Act section 31 obliges a licensee to mitigate and prevent damages that may harm the environment or its inhabitants
The transparency matters were taken into account as outlined in the right to access information as one way to be transparent. Article 41 of the constitution is cognizant of one right to access information. Also the Access to information Act of 2005, but it was realized that the PEP Act of 1985 contravene the above and some of the by-laws in the contracts between Uganda and the Oil companies make some information to be taken as classified thus denying he citizens the right to free access to information.
Other legal rights observed were the right to work. This is seen from Article 7 of the International Covenant of Economic social and cultural rights. It talks about the right to favourable conditions of work, safe and health working conditions. Article 40(2) of the constitution provides for right to work and is in conformity with the above.
………………………………To be continued
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