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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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Govt sues 41 people for shunning sh711m EACOP compensation

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The East Africa Crude Oil Pipeline Affected Persons (PAPs) from Lwengo, Kyotera and Rakai districts at Masaka High Court where they were summoned over a compesation case.  The case is set for hearing on September 16 before Masaka resident judge, Justice Lawrence Tweyanze. (Credit: Dismus Buregyeya)

Prior. the Government also wants court to ensure vacant possession of 41 people on the said EACOP land and demanded demolition and eviction orders against them, among others.

MASAKA – A total of 41 people affected by the East Africa Crude Oil Pipeline Program (EACOP) from Lwengo, Kyotera and Rakai districts have been dragged to court for allegedly shunning sh711m compensation allocation for them to pave way for the project implementation.

Earlier Wednesday (September 11), Masaka High Court was jammed with 41 Project Affected Persons (PAPs) accompanied by their families, relatives friends and others from Non-Government Organisations.

The case was adjourned to September 16, 2024, by High Court Deputy Registrar Justice Roy Karungi after the trial Judge, Justice Lawrence Tweyanze was reportedly on leave.
Court heard that Justice Tweyanze had been recalled from his leave to handle the case on September 16.

The Masaka Senior State Attorney Imelda Adong who represented the Attorney General said the state is ready to proceed with the case on Monday, informing the court that the Government of Uganda had filed a case against 41 landowners whose land was compulsorily acquired for the East Africa Crude Oil Pipeline in Lwengo, Kyotera and  Rakai districts.

The government wants to be allowed to deposit the said EACOP Project Affected Persons’ (PAPs) compensation in court.

However, the PAPs rejected the said compensation (sh177m), citing low pay rates,  absentee landlords and disputes on their respective lands.

Prior. the Government also wants court to ensure vacant possession of 41 people on the said EACOP land and demanded demolition and eviction orders against them, among others.

Counsel Peter Arinaitwe who represents the PAPS said some of them had unresolved objection challenges pending the Administrator General Office since 2018 while others were still grappling with evaluation rates for their land.

He said the rights of the affected persons must be respected especially against evictions and displacement without consent.

Three legal firms including Counsel Jude Mbabali are offering free legal services to the 41 Project Affected Persons.

Source: New Vision.

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AGRA’s Silent Takeover: The Hidden Impact on Africa’s Agricultural Policies.

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By Witness Radio Team.

An investigative report commissioned by the Alliance for Food Sovereignty in Africa (AFSA) has revealed the concerning extent to which the Alliance for a Green Revolution in Africa (AGRA) is leveraging its significant influence to shape local, national, and continental agricultural policies across Africa raising serious questions about the future of the continent’s agriculture.

The briefing paper, “Pulling Back the Veil: AGRA’s Influence on Africa’s Agricultural Policies,” exposes how AGRA strategically uses its financial power to embed consultants within government institutions to entrench industrial agricultural models. Though marketed as advancements, these models often harm smallholder farmers and sustainable farming practices.

Initially aiming for its grassroots efforts to double farmer productivity and halve food insecurity, AGRA has recently shifted its focus. Following a donor-commissioned 2022 evaluation highlighting AGRA’s failure to meet its ambitious goals, the Gates Foundation-funded organization pivoted from direct interventions with farmers to influencing government policies.

According to the briefing paper, this new strategy involves placing external consultants within African government offices to steer policy development. AGRA’s efforts frequently promote the adoption of hybrid and genetically modified seeds, increased use of chemical fertilizers, and greater private sector involvement in agriculture.

While some African governments may welcome the support, there is growing concern that AGRA’s influence could undermine local policy initiatives, replacing homegrown solutions with external agendas.

AFSA’s investigation highlights AGRA’s policy interventions in countries like Kenya and Zambia, where its influence is pronounced. AGRA’s impact is evident at every level, local, national, and continental, shaping agricultural policies that often prioritize corporate interests over the needs of smallholder farmers.

The consequences of AGRA’s involvement are evident in its 13 focus countries, where its promotion of seeds and fertilizers still needs to deliver the promised productivity revolution, leading to increased deprivation. A recent report by the African Centre for Biodiversity (ACB) highlights the collapse of Zambia’s food system as a direct result of AGRA’s harmful interference.

At the continental level, AGRA’s involvement in critical African Union (AU) initiatives, such as the Fertilizer and Soil Health Summit, has significantly influenced African agricultural policy, particularly in shaping the direction of fertilizer policy for the next decade. However, AFSA, which also participated in the summit, advocated for funding and support for biofertilizers made from local materials, starkly contrasting AGRA’s approach.

AGRA’s role in the Post-Malabo process, which aims to define Africa’s agricultural policy for the next ten years, is particularly troubling. Critics argue that AGRA’s focus on synthetic fertilizers and corporate-led agendas threatens to marginalize indigenous knowledge and sustainable agricultural practices.

AFSA’s Million Belay aptly says, “They represent an attack on African food sovereignty.” Despite resistance from African farmers and civil society organizations, AGRA’s fingerprints are all over Africa’s agricultural policies. The inclusion of biotechnology in the draft Kampala Declaration, set for approval in January 2025, has sparked fears of increased dependence on multinational corporations for seeds and farming inputs. AGRA’s influence in regional policymaking, especially in harmonizing seed trade regulations, further illustrates its strategic positioning within African institutions.

AGRA’s involvement in developing Zambia’s National Agriculture Investment Plan (NAIP II) exemplifies its undue influence. Initially seen as a democratic and inclusive process involving a broad range of stakeholders, NAIP II was later reshaped by AGRA and the FAO. The introduction of the Comprehensive Agriculture Transformation Support Programme (CATSP) shifted the focus toward commercial value chains aligned with the Green Revolution model.

This new framework has faced significant opposition from farmer groups and NGOs, who argue that it promotes industrial agriculture at the expense of smallholder farmers, biodiversity, and sustainable practices. AGRA’s role in dismantling Zambia’s biosafety framework has also sparked fears of forced evictions, land grabbing, and the commercialization of water resources, further marginalizing local communities.

In Kenya, AGRA’s sudden involvement in a community-led effort to develop agroecological practices has raised alarms among locals. Stakeholders fear that AGRA’s entry into the process, which included funding and capacity-building initiatives, might derail their efforts to promote sustainable farming systems. AGRA’s use of terms like “climate-smart agriculture” to describe its support for chemical fertilizers and GMOs has led to skepticism about its true intentions.

Local farmers and agroecology supporters worry that AGRA’s involvement could dilute or undermine the original goals of the agroecology policy.

AFSA’s investigation calls for greater scrutiny of AGRA’s role in policymaking and re-evaluating external entities’ influence in shaping Africa’s agricultural future.

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Failed Green Revolution: African Leaders Demand Reparations from Gates Foundation.

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By Witness Radio team.

The much-hyped but ultimately failed agricultural model, the Green Revolution initiatives heavily supported by the Gates Foundation through the Alliance for a Green Revolution in Africa (AGRA), must catch up to its promises to improve African food security. Instead, it has exacerbated food insecurity, deepened poverty, and contributed to environmental degradation across the continent.

As this flawed model is to take center stage at the ongoing African Food Systems Summit in Rwanda, which concludes on September 6th, there is growing discontent. African faith leaders are now calling on the Gates Foundation to offer reparations for the extensive damage inflicted on Africa’s food systems by AGRA’s aggressive promotion of industrialized agriculture. They urge the Foundation to redirect its funding towards locally tested, sustainable agricultural practices that benefit the continent and the world.

For those who missed the live press conference addressed by African faith leaders and presented an open letter to the Gates Foundation, and released the latest research results by the Alliance for Food Sovereignty in Africa on AGRA’s extensive, undue policy influence at local, national, and continental levels and the devastation caused by the Green Revolution agenda in Zambia.

Witness Radio is rebroadcasting a program detailing the critical highlights of the press conference.

Tune in to hear firsthand accounts of how AGRA has impacted farmers and communities on the African continent and learn more about the urgent demands to shift toward more sustainable and equitable agricultural practices.

 

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