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AG okays disclosure of oil agreements amidst international pressure

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The Attorney General, Kiryowa Kiwanuka, has given the Ugandan government a green light to disclose the international oil contracts to the public.

This comes after the oil companies said they have no objections to publicising the oil contracts. Kiwanuka’s advice is likely to be welcomed by civil society and Ugandan citizens who have long called for transparency in the oil and mining sectors. Kiwanuka, in a letter dated July 2, 2024, advised the minister of Finance, Matia Kasaija that he was at liberty to disclose the production sharing agreements (PSAs) if he deemed it appropriate.

In a letter dated July 2, 2024, Kiwanuka advised Finance minister Matia Kasaija that he may disclose the production sharing agreements (PSAs) if he deems it appropriate. This guidance was in response to a letter from Kasaija dated June 1, 2024. However, Kiwanuka’s advice specifically pertains only to contracts with TotalEnergies Uganda and CNOOC Uganda Limited. He cited letters from these companies, dated July 18, 2021, and November 29, 2021, respectively, which confirmed their consent to the disclosure of their PSAs to fulfil the requirements of the Extractive Industries Transparency Initiative (EITI) standard 2.4.

“Therefore, we advise that should you deem it appropriate you are at liberty to disclose the PSAs as prescribed by the EITI standard requirement,” reads the letter copied to the minister of Energy and Mineral Development, state minister for Minerals, deputy attorney general.

The letter was also copied to the permanent secretary/secretary to the treasury, ministry of Finance, permanent secretary ministry of Energy, solicitor general and deputy solicitor general. A member of the civil society who had seen the letter however said it was silent concerning the contracts signed with other companies involved in oil exploration in the Albertine area.

Some of those include DGR Energy Turaco Uganda SMC Limited which is a unit of Australia’s DGR Global and state-owned Uganda National Oil Company (UNOC) and Nigeria’s Oranto. From Kiwanuka’s advice, it appears that the contracts signed with UNOC and mining contracts will remain a secret.

Uganda has been a member of the EITI since August 2020, committing to contract transparency by publicly disclosing the full text of agreements governing the exploitation of oil, gas, and mineral resources. By joining the EITI, Uganda aimed to enhance transparency, strengthen tax collection, promote public debate, improve the investment climate, and create lasting value from its petroleum and mineral resources.

This week, EITI executive director Mark Robinson visited Uganda to assess the country’s progress in ensuring transparency in the oil, gas, and minerals sectors. Robinson was accompanied by Suneeta Kaimal, president and CEO of the Natural Resource Governance Institute (NRGI), which has been instrumental in building the capacity of Ugandan civil society, media, parliamentarians, and government ministries on natural resource governance.

EITI executive director Nark Robinson
EITI executive director Nark Robinson

NRGI has supported capacity building of Ugandan civil society, media, parliamentarians, and ministries on natural resources governance, especially in accountability and governance. Robinson and Kaimal on Thursday met the minister of Finance, Matia Kasaijja, and his officers and discussed the progress in ensuring public disclosure of contracts under the extractive sector.

He also met officers from the Attorney General’s office and the key industry players like TotalEnergies and members of the civil society under multi-stakeholder groups (MSGs) hosted at the Uganda EITI secretariat under the ministry of Finance.  Robinson told journalists that his team found it so striking that all the stakeholders in Uganda were committed to the EITI process.

”The EITI seemed to have curved out open space in Uganda for genuine, free, and open debate on these complex issues around the extractive industry,” he said.

RObison’s visit to Uganda follows the validation report on Uganda whose results were released in May 2024. The EITI board said Uganda had achieved a moderate score in implementing the 2019 EITI Standard at 78.5 points. The overall score reflects an average of the three component scores on stakeholder engagement, transparency, and outcomes and impact. On the transparency component, Uganda achieved a fairly low score of 67.5 points. Robinson while meeting the minister raised some of these issues.

“We identified some of the improvements that could be made. He was very receptive. For example, how can contracts further be made open to the public? So there is a process to move towards that goal,” he said.

He confirmed that they discussed making public the audited accounts of Uganda National Oil Company (UNOC).

“He was very receptive to that idea. So I was very struck by their receptivity and recognition from the government to respond positively to some of the recommendations,” added Robinson.

Sources who attended the meeting with the minister said he asked his visitors about what Uganda would gain from its participation with EITI. Robinson said the minister’s question was good because it reconfirmed why Uganda signed up to the EITI. The EITI board had reported that there had been little progress on full disclosures of contracts in the oil sector despite Uganda EITI’s (UGEITI) efforts.

The EITI board also noted that beneficial ownership data was not available though there had been reforms put to create a national beneficial ownership registry. Robinson seemed to have had information to the effect that TotalEnergies and CNOOC Uganda had written no objection letters to the disclosure of the PSAs signed with the government of Uganda.

“Uganda has to demonstrate real progress on making the contracts public. That needs to happen not just those two but across the sector,” he said.

Robinson emphasized the need for Uganda to demonstrate real progress in making contracts public across the entire sector, not just with TotalEnergies and CNOOC. He also called for the creation of a public registry of beneficial owners in the oil, gas, and mining sectors and the reconciliation of discrepancies in gold production data.

“The fourth one is to reconcile some of the discrepancies in the mining data, especially gold production,” added Robison.

Asked why they were insistent on gold data, he said, “It is so important in many countries. And it is one of your major minerals in Uganda that has significant and considerable revenue. That is why gold matters so much than other sectors of the mining,” he said.

Gold, one of Uganda’s major minerals, has been a focal point due to its significant revenue potential. A recent UN report highlighted Uganda, Rwanda, and Burundi as key transit routes for gold smuggled from the eastern Democratic Republic of Congo to Dubai. In Uganda, discrepancies have been noted between gold production figures reported by the Bank of Uganda and those declared by Uganda Revenue Authority (URA) customs.

David Sserwadda, a senior mining inspector, and a member of the Uganda EITI Multisector Group said there is an effort to ensure that different agencies of the government don’t regulate gold exports. He revealed that there had been a meeting with the customs department on how to align gold export in the sense that when it is not cleared, the customs should not allow the export. Uganda has to close some of those before the next EITI board validation commencing on July 1, 2026.

Source: The Observer

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How land divisions are fueling Wakiso’s slums

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The rapid transformation of Wakiso District from a largely rural setting to an urban extension of Kampala City has caused an emergence and expansion of informal settlements.
Across the district, rising demand for affordable land, population growth, rural-urban migration and increasing land values are pushing residents into densely populated neighbourhoods, where planning, access roads, drainage and housing standards are inadequate.
Ms Ruth Nakatudde, the Wakiso District principal physical planner, says the growth of informal settlements is being driven by demographic and economic pressures, with land fragmentation emerging as one of the major contributors.

“Everyone is looking for an affordable plot of land for settlement. They want to stay near Kampala, probably where they are employed or operating their businesses,” she explains.
Wakiso’s close proximity to Kampala has made it particularly attractive to people who work in the capital, but cannot afford to live there.
Ms Nakatudde says Wakiso Sub-county, one of the 17 sub-counties in the district, is among the fastest-growing areas because of its closeness to Kampala.
“People choose to stay here (in Wakiso) because they want to reduce transportation costs,” she says.

Source: monitor.co.ug

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One killed, another injured as residents resist arrest over disputed Wakiso land

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One person was on Thursday shot dead and another injured after police opened fire to quell a group of rowdy residents who attempted to resist the arrest of a colleague following a dispute of land in Kataluko Village, Lukwanga, Wakiso District.

The deceased, identified as Joseph Ssenyondo, 40, a bricklayer, died while being rushed to St Joseph Hospital for treatment after being hit by a bullet from armed police officers who were deployed at the scene.

Eyewitnesses say Ssenyondo, who was randomly passing by the scene, was pronounced dead on arrival at the health facility, while Jacob Nsubuga Wasswa remains admitted at Mulago National Referral Hospital.

The officers from Bukasa Police Station had gone to the area with the intent to arrest one of the residents accused of assault over a land-related conflict when the residents tried to remove him from them, prompting the violent retaliation.

“The issue is about land. Someone had been arrested, and he cried for help, so we, the residents, came to rescue him. When police officers at the scene saw us, they fired three bullets; one hit the Ssenyondo, another injured one person, while the third did not hit anyone,” an eyewitness said.

Residents accused Mr Ssebanakitta of fueling land conflicts in the area through unscrupulous dealings, something he adamantly rejected.

He instead explained that the piece of land in question had been sold and that the buyer had started using the property before a group of people allegedly assaulted him, took his money and mobile phone, prompting him to report the matter to police.

“The owner had started using his place, but they came, assaulted him, and took his money and phone. He went to the police and reported the matter. They had now been traced so they could go and make statements,” Mr Ssebanakitta, a land dealer in the area, said.

Kampala Metropolitan Police Spokesperson, Ms Racheal Kawala, confirmed the shooting and said investigations had started.

She explained police officers had gone to the area following a complaint related to a land dispute, but a confrontation with some residents erupted at the scene.

“We have started investigating the fracas that occurred in Lukwanga, which is related to land,” Ms Kawala said.

She added that police officers were at the scene when the confrontation broke out and that they fired shots to disperse the crowd.
“In the process of dispersing the crowd, our officers fired the bullet that accidentally hit a resident,” she said.

Ms Kawala said the police officer responsible for the shooting would be arrested as investigations continue.

The incident adds to a growing record of violence and confrontations linked to land disputes in Wakiso and other parts of the country.

In February this year, Tom Kato, a resident of Kibujjo-Seeta in Bembe Parish, Namayumba Sub-county, Wakiso District, was killed by unknown people in circumstances linked to a family land dispute. Police arrested his wife as investigations continued, but the family has yet to get justice.

In another incident, a resident of Buwanuka village in Namayumba Sub-county accused police and local leaders of conniving with a land surveyor in a dispute involving more than 1,000 residents on a contested 1,044.9-acre piece of land.

Source: monitor.co.ug

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Nabakooba orders probe into 1,500-acre land dispute

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Lands minister Judith Nabakooba has ordered an investigation into people suspected of illegally converting nearly 1,500 acres of customary land in Nakapiripirit District into freehold land and obtaining a title without the consent of the local community.

Located in Kawach Sub-county, the disputed land is claimed by residents, who say it was given to them by government after part of the former Pian Upe Game Reserve was degazetted to resettle communities which had been displaced.

Local leaders say more than 12,000 households are affected by the dispute. Residents are against Nakapiripirit District Council speaker Richard Lochoto, who is alleged to have claimed ownership of part of the land and subsequently obtained a freehold title.

The dispute escalated after residents accused Mr Lochoto of working with members of the area land committee to process the land without consulting the community.
The minister, who visited the area to hear their grievances on September 7, handed the matter to the district security committee, headed by Resident District Commissioner Bessie Modesta Ajirong for investigation.

She directed the security team to collect all relevant information and submit a report within two weeks.
Ms Nabakooba said those found to have participated in the alleged conversion of the customary land into freehold should be arrested. She also ordered investigations into claims that signatures of local leaders were forged during the transactions.

“If there are people whose signatures were forged, we shall get a handwriting expert to establish whether they actually signed the transfer documents,” she said.
Ms Nabakooba said if investigations establish that the title was obtained fraudulently, the title will be cancelled and the land will be returned to the community.

She further directed the Ministry of Lands officials to assist residents in forming a Communal Land Association (CLA), to enable them to collectively register and manage the land.
“This will keep your land safe from grabbers. You will be in a position to decide on different land uses,” Ms Nabakooba said.

According to documents accessed by the Monitor, an approved land file for registration of a freehold title was forwarded to the commissioner land registration on November 4, 2021.
Another document of a freehold offer dated October 25, 2021, showed that the district land board had approved a grant of freehold to Mr Lochoto, following an application dated October 2, 2018.

The offer indicated that the land was intended for farming and required the applicant to meet costs related to surveying, registration and issuance of the certificate of title, as well as compensation of any sitting tenants.
The documents further show that Mr Lochoto stated that the land was vacant. The form also contained names and signatures of members of the Area Land Committee, who recommended the applicant to the District Land Board.

However, residents disputed the claim that the land was vacant, saying the community had been using and laying plans for the land before the freehold application was processed.
Mr Paul Longok Lochio, the Okudud Village chairperson, said the land was important to the community because residents had increasingly turned to farming, following improvements in security in Karamoja.

He said many residents previously depended largely on cattle and guns for their livelihoods, but the restoration of peace had enabled communities to embrace agriculture.
“Farming is a source of food for many families here. That is why land is very important to us,” Mr Longok said.
He accused land grabbers of taking advantage of illiteracy among residents to process land documents.

The Kawach Sub-county chairperson, Ms Angella Gabriel Aroor, who served as the chairperson of the area land committee at the time of the transaction, said the local leadership was not informed when the land was being surveyed.
“How can you survey land without our signatures? How can you go behind our backs and approve things which we were not informed about?” he asked.

The community now seeks a fresh survey by the Ministry of Lands to establish the actual size and boundaries of the disputed land.
Residents say they want to use part of the land to establish a community market, specifically for cattle traders.
Ms Esther Anyakun, the Nakapiripirit Woman MP and State minister for Karamoja Affairs, said government should protect this land because it was intended to benefit communities that had previously been displaced from other areas.

She said residents had petitioned the government over lack of land after people were evicted from areas occupied by government institutions, including prison land and other protected areas.
“This particular land was given to communities by government because many people were found to be squatters on prison land and had no where to go,” Ms Anyakun said.
Ms Anyakun warned that the land dispute had become tense, with rival groups allegedly threatening one another.

She urged the District Land Board to conduct physical verification before approving applications involving large chunks of land.
She advised the board to conduct ground checks whenever applications for 10 or more acres are submitted, to establish whether the land exists, whether it is occupied and whether there are competing claims.

The Nakapiripirit District Land Board secretary, Mr Jobs Ilukol, said the board had followed procedures required in processing Mr Lochoto’s application.
He said the board relied on records and minutes submitted by the Area Land Committee before considering the application.

Mr Ilukol said the District Land Board does not own or sell land and only processes applications based on documents submitted to it.
“The board’s job ends after approving or rejecting an application. The applicant is responsible for pursuing registration and obtaining a certificate of title,” he said.

Source: monitor.co.ug

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