By Phillo Aryatwijuka,
THE
THIN LINE BETWEEN THE MINERAL BLESSING AND CURSE FOR KARAMOJA
Having silenced the gun in
Karamoja, it’s now time to silence poverty! Karamoja is now Uganda’s apple of
the eye. A region blessed with immense natural resources but lives in abject poverty.
Could the huge mineral deposits underneath deliver the economic promise of
development for the Karamojong people? The answer to this question could be YES
or NO
The presence of over 50
different economic valuable minerals; gold, gemstones, limestone, marble and
other minerals) and the return to security in Karamoja in the recent years has
offered a great potential for the region to harness extractive resources for
sustainable and equitable human development. Despite this potential Karamoja
region remains one of the most impoverished Uganda
In the past years the
sub-region suffered perennial conflicts characterized by a high level of
insecurity, cattle raiding and inter-ethnic violence. The security challenges
in Karamoja were exacerbated by the negative impact of harsh climatic
conditions on livelihoods, porous borders with South Sudan and Kenya, easy
access to small arms within the population, cattle raiding and prolonged
political and economic marginalization.
Due to poverty and search of
alternative livelihoods over 20,000 Karamojong men and women have turned to
mining as livelihood. ASM in Karamoja use using crude, hazardous methods as a
means of day-to-day survival. On the other hand the region has seen an inflow
of private sector companies. As of 2016 statistics from the DGSM indicate that
currently there are 136 concessions (active or exploration) held by foreign and
local companies making the total land area under concessions to be over 64% of
the total land area.
Community knowledge has
remained low on mineral rights, land rights, legal issues, environmental
issues, royalty and benefit sharing. There is no community involvement and
consultation over land acquisition for mining exploration activities set by law
and where it exists obligatory compensation or royalties to land owners as
mandated by law are unpaid due to lack of proof of customary ownership.
On the other hand the
regions potential for Development minerals that are key drivers to the growth
of housing and infrastructure development have seen big mining companies on
limestone and marble carry out vast exploration and active mining across the
region. Despite the presence of these development minerals
If well managed, the mineral
sector in Karamoja if has the potential to transform the region and
consequently bring the region up to speed with achieving Uganda vision 2040,
Africa Mining vision and ultimately contribute to the achievement of
Sustainable Development goals
The
critical issues that could turn this economic promise into a curse are
currently related to;
The Legal and regulatory framework
specifically the Mining Act 2003: Key concerns in the current legal regime
relate to compulsory acquisition of land, compensation, lack of Free Prior and
Informed Consent (FPIC), community participation and engagement, equitable
revenue and royalty sharing, Artisanal and Small Scale Miners (ASM)
formalization, local content, gender, access to information, environmental
management and transparency and accountability. The current regime has several
gaps in those areas
Limited
formalization and Lack of Government regulations and development focused
programmes for the Artisanal and Small Scale Miners (ASM)
For a region that has over
20,000 ASM 80% being women in gold, marble, limestone and quarrying it’s
important for the government to formally recognize this sector as one of the
biggest employers and drivers of economic growth. However the ASM in Karamoja
are often referred to as illegal miners consequently they rarely receive
adequate if any support to formalize and improve their activities
Mining
and Gender concerns
Over 70% of the ASM
workforce in Karamoja is women, as a result they experience unique challenges
ranging from limited access to mining benefits through surface rights, lack of
bargaining power thus exploitation by middlemen coupled by sexual and gender
based violence at the mining sites.
Environment
Occupational Health and Safety
Mining has a strong bearing
on environment, natural resources and the critical ecosystems as a whole. Mining
companies and unregulated ASM have left vast areas degraded and un restored
through destruction of vegetation, open pits and deforestation to provide fuel
wood for heating rocks during marble and limestone mining. On the other hand
most mining sites in Karamoja are characterized by lack of safety gear by ASM,
sanitation facilities like toilets, adequate water sources, first aid kids and
nearby health centers which has exacerbated accidents and brought about several
health concerns in the sector.
Wildlife
Vs Mining and Oil sector
Kidepo national park and
Pian Upe game reserve which are some of wildlife and rich biodiversity
areas in Karamoja region are being
threatened by mining activities considering that 62% of land in Karamoja is
under concessions and some concessions are indicatively in wild life reserves
and national parks. Likewise oil exploration activities will take place in the
Kadam-Moroto basin which covers areas of Pian Upe game reserve. All these
extractive activities indicate a possible biodiversity and critical ecosystems
destruction.
Value
Addition and low economic value of minerals
The limited value addition
at each value chain right away from extraction has seen mineral prices in
Karamoja continue to be valued lower. Minerals are usually sold in their raw
form as such the economic cost of some minerals like marble, limestone and gold
is at a much lower value than the market value.
Indigenous
people rights and livelihoods
Protecting cultural
heritage/indigenous people is pertinent as enshrined in the UN charter on
declaration on the rights of indigenous communities. Pastoralism is widely
practiced by many in Karamoja and these should be considered “indigenous
people”, as they have been living in their homelands for hundreds of years and still
struggle to conserve the traditional nomadic lifestyle. Due to the large based
land acquisition threats by mining activities and oil activities vulnerable
communities could be deprived of their own land, natural resources,
livelihoods, and property.
Limited
access to information on the mining sector
Communities in Karamoja are
largely illiterate with literacy rate 11% compared to 67% national average.The
mining sector provides various opportunities for the people but unfortunately
these communities are not aware of these opportunities and rights.ASM spread
across the region are ignorant on the formalization process for acquiring
licenses, communities have often failed to hold leaders accountable on mining
entitlements like royalties on surface rights. On the other hand Karamoja
remains one of the regions left out during the comprehensive Aerial Geophysical
Survey of Uganda consequently investors lack real actual data on mineral
quantities.
Land
tenure Vs Benefits and conflicts
Land in Karamoja is owned
communally and as a result there are challenges of royalty sharing and
compensation for surface rights. Land grabbing has spread across the region in
the recent years. Access to land by investors has brought about community
dissatisfaction due to lack of open consultations between the community,
government and investors. Most of the mining companies lack a Social License to
Operate (SLTO)
Weak
engagement between Private Sector and communities
There is limited success by
communities and CSOs in accessing a common platform/ground for engagement.
Mining companies’ sites in Karamoja are often enclosed from the
public/communities. Communities are rarely consulted during exploration phases
and before acquisition of mining leases. Dialogues on community issues on the
mining sector are often characterized by absenteeism by the mining companies’
representatives.
Despite
the above fears the mineral sector can be turned into a blessing through;
·
Strengthening the legal and policy framework
through facilitating and supporting community consultations, dialogues on the
review of the mining sector legal and regulatory framework. The Mining and
Mineral policy 2019 addresses concerns relating to formalization and
recognition of ASM, benefit sharing, environment, OHS concerns is now on green
paper before the cabinet waiting approval. Similarly working together with
other CSOs through community consultations and multi stakeholder dialogues.
·
Organization and formalization of ASM into
groups and associations to facilitate organized mining thus reducing
environmental footprints, increasing market bargaining power, acquisition of
location licenses and financing for these organized ASM groups. For example
Morulem Gold Miners Association in Abim now has location license with 16
hectares. In addition 9 organized ASM groups comprising of over 25 members each
have benefited from financing to support their mining work
·
Strengthening access to information channels
on mining rights and entitlements in mining communities through community
dialogues and multi stakeholder dialogues at the local level involving
government (DGSM), ASM, mining companies to share information on concessions,
benefit sharing, exploration activities, active licenses, market prices,
incensing for ASM among others. Since January 2017 Directorate of Geological
Survey and Mines has established an office in Moroto for Karamoja sub region
with a fulltime officer to support information needs in the region.
·
Promoting a gender responsive mining sector
in the region which recognizes the contribution of women in the mining sector.
This is through providing women with platforms for meaningful engagement and
participation on key issues that affect them. This has been affected through
gender sensitive platforms and gender focused activities to support women
groups to organize themselves and formalize. 1000 ASM Women miners have been
organized into 68 women and registered to engage into responsible mining.
·
Promoting mining communities meaningful
participation in mining sector processes through community dialogues, debates
on key emerging issues relating to community company relations, human rights,
benefit sharing, land rights and compensation. For example the establishment of
the District Mineral Watch Platform (DMWP) in Moroto and Abim has facilitated
the consistency of debate and demand for transparency and accountability on mining
issues amongst communities enhanced by the DMWP active participation in
identifying emerging mining sector issues for debate.
·
Facilitating and supporting mining
communities and ASM to meaningfully engage with mining companies in mediations
and dialogues to effect community development agreements through Memorandum of
understandings, Corporate Social Responsibility and peaceful co-existence. For
example ECO supported and facilitated the community in Tapac with support from
the Moroto District Local Government, District Mineral Watch Platform and other
key stakeholders to develop an M.O.U between Tapac and Tororo Cement
highlighting a number of concerns relating to compensation, labour rights and
Corporate Social Responsibility among others.
·
Promoting environment responsible mining by
empowering communities to protect the environment amidst mining activities
through restoration activities and mining as organized groups. Similarly
efforts have been directed towards supporting and facilitating local governments
to pass and implement byelaws on protection of environment which has
strengthened environmental protection for example ECO supported Rupa Sub County
to develop a bye law on environmental protection which has specific aspects
focusing on the mining sector. Moroto District local government has approved
this byelaw and its now being popularized in the mining communities.
·
Addressing crosscutting issues on child
exploitation particularly child labour in mining by setting up taskforces in
mining communities and creating awareness in mining communities on the effects
of child labour. Most importantly strengthening the local government’s capacity
and commitment to carry out periodic inspections of mining sites to ensure that
school going children are in school. On the other hand strengthening women ASM
to report issues of sexual and gender based violence on mining sites by
facilitating and supporting legal aid clinics at the mining sites
·
Research and development through profiling
the mineral sector in Karamoja in order to increase baseline data on social
conflict, use of mineral revenues, compensation, Corporate Social
Responsibility, local content and cross sectoral linkages among others
·
Strengthening and supporting mining
communities to demand for their mining benefits particularly royalties to the
surface rights owners in the mining sector. This has been done through
supporting the formation of communal land associations. For example Sokdec
Miners Association and Rupa Miners Association respectively which are in
advanced stages of formalization and Katekikile Action for Development which is
already receiving the royalty benefits on behalf of surface rights owners in
Katekikile Sub County.
·
Encourage Uganda to join the Extractive
Industries Transparency Initiative (EITI) and to implement the requirements and
recommendations of the EITI
Ultimately the sector could
transform the lives of 1.2million Karamajong people and Uganda as a whole.