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Artisanal miners’ agonizing tales at the hands of mineral police

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A police officer hit me with a baton, I became unconscious, only to wake in hospital,” narrates Fred Ssentamu as he displays scars from beatings when The Observer visited his home in Lugingi, Kitumbi sub-county, Kassanda.

Ssentamu is one of the hundreds of artisanal and small-scale gold miners who have suffered human rights violations at the hands of the Police Minerals Protection Unit (PMPU). These violations include intimidation, extortion, confiscation of ores, physical abuse as well as displacement from villages.

These allegations of brutal harassment and human rights violations of artisanal miners at the hands of PMPU are common in many gold, tin, tantalum and tungsten mining areas mainly in central and western Uganda. “These police officers are to too brutal,” Ssentamu says.

Indeed, his testimony is not an isolated case as The Observer found out. His neighbour shares a similar harrowing tale, “A police officer ordered me to kneel on piercing stones as his colleague handcuffed me. Then, another afande [police officer] was beating me in front of my children,” she narrates.

To foot the medical bill, Ssentamu says, his family sold his motorcycle for Shs 3 million. Artisanal gold miners in many parts of the country accuse the PMPU of hiding under the cover of cleansing the minerals sector of illegal mining to harass, torture and even maim artisanal miners, among other human rights violations.

Miners say, instead of offering local protection, the PMPU officers have turned their guns against civilians and artisanal miners. “It is a whip and a gun that rule in these mines,” another miner narrates, before asking the police leadership to rein in errant PMPU officers.

BACKGROUND

The PMPU was created in 2017 by the then Inspector General of Police (IGP) Gen Kale Kayihura. It is charged with, among others, inspection, monitoring and surveillance to detect and prevent illegal mining as well as to sensitize mining communities on safe mining practices. Gen Kahiyura appointed Superintendent of Police (SP) Jessica Keigomba to head the unit.

However, three years after its creation, PMPU is on the spotlight again over human rights violations and involving itself in illegal mining. Simon Alibariho, artisanal miner at Katenga goldmine in Buhweju district, remembers when PMPU violently evicted them from the mines which left some miners nursing injuries.

“When they [police] came, they started beating us without any explanation. Some people were injured in the process. We are Ugandans; why is police beating us when we are here to eke out a living, even cows are no longer beaten,” Alibariho wonders. He says though artisanal miners mine without licences, it shouldn’t be a ground for beating and treating them violently.

EXTORTION AND SHOOTINGS

In an ugly incident of human rights violations, a police officer attached to PMPU shot and injured an artisanal miner following a simple verbal exchange in Lugingi mine recently.

“We failed to agree with the officer; so, he told me “I promised to shoot you in the head.” Those are the last words I heard; the next thing I woke up in hospital in pain nursing injuries from gunshots,” one of the miners in Kassanda district narrates.

In a clear manifestation of impunity, the officer has never been reprimanded, arrested or prosecuted for the shooting. In June, 2020, John Mufumbira, one of the artisanal miners and a member of Kassanda Miners Association, complained to the police Professional Standards Unit (PSU) against Superintendent of Police Sarah Mwesigwa, who is the administration and finance officer of PMPU, over the unit’s harassment and human rights violations against artisanal miners.

However, Mufumbira says to date he has not received any response. Francis Mwijukye, the Buhweju MP, concurs with artisanal miners on the brutality of PMPU officers. “These police officers are extorting money. If you don’t give them money, they will chase you away and the process of chasing is dehumanizing,” he notes.   

Carolyne Nakajubi, the extractive governance officer at ActionAid International Uganda, says it is unfortunate that PMPU has misused its mandate to stamp out illegal mining and instead turned its guns on the civilian mining population. She urges PMPU to respect and uphold human rights in enforcing the law. 

Henry Nickson Ogwal, the director, Programs and Policy at ActionAid Uganda, calls for the probe into PMPU. “Those who have evidence on human rights violations shouldn’t be intimidated when they talk. Such violation is unacceptable in a democratic Uganda and must be probed. Meanwhile, the PMPU command structure and mandate should be reviewed,” Ogwal says.

MINING POLICE!

In addition to human rights violations, PMPU has also been accused of engaging in gold-mining after evicting artisanal miners. “The PMPU has become a mining police. They are the ones now doing the mining,” says Deusdedit Beinomugisha, an artisanal miner from Buhweju.

However, Moses Karakire Musinguzi, the PMPU head of operations, denies the allegation that the unit is engaged in illegal mining activities.  “If there is a police officer involved in mining, then he or she should be reported to PSU.  You can also take them to court and prosecute them individually if you have evidence,” Musinguzi said recently. “Some of these mistakes are individual, but not institutionalized.”

PMPU head Jessica Keigomba (R) and DGSM officials in Katenga, Buhweju district

In a recent interview with NTV Uganda, Sarah Opendi, the minister of state for Energy and Mineral Development, confirmed that some security officials are indeed engaged in illegal mining. “I know some people within the security circles have also gotten involved in mining but I want to tell them that what they are doing is actually wrong. You don’t go and mine simply because you have a gun, which I [artisanal miners] don’t have,” she said, before pledging that offices who have deviated from their cardinal responsibility to switch to mining will be brought to book.

ENTER UHRC

It is on the background of these human rights violations that civil society organizations (CSOs) have asked the Uganda Human Rights Commission (UHRC) to do an investigation into the allegations and bring the culprits to book. In a press statement recently, the CSOs further accuse police of illegal gold mining under the cover of law enforcement.

Don Binyina Bwesigye, the executive director, Africa Centre for Energy and Mineral Policy (ACEMP), says PMPU has overstepped its mandate. “This has exposed artisanal miners to cruel treatment from security organizations such as police and the army,” Bwesigye said in a statement.

Bwesigye argues that without any law, the PMPU has taken over many of the supervisory and regulatory roles that the Mining Act vests in the Directorate of Geological Survey and Mines (DGSM). 

“The UHRC should investigate, document and address allegations of human rights abuses meted out on artisanal and small-scale miners and landowners in different regions by PMPU and other security agencies,” the statement reads in part.

Amidst the advocacy, it remains to be seen whether there will be any tangible steps by state institutions to investigate the PMPU, which seems to enjoy impunity in carrying out its operations.

**The Observer

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Businesses, banks and activists resist EC plans to strip back human rights legislation

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Today the European Commission introduced their ‘Omnibus simplification package’ to amend key laws of the EU Green Deal, including CSDDD, CSRD and Taxonomy. The package proposes significant changes, including the removal of civil liability provisions in the CSDDD and removing 80% of companies from scope in the CSRD.

The earlier announcement from the European Commission as well as the leaked draft to reform recently-agreed EU laws such as the CSDDD has already come under attack from businesses, expertsinvestors and activists alike.

The UN Global Compact and companies including Unilever, Vattenfall and Nestlé have also expressed their concern. Nestlé Europe’s Bart Vandewaetere said that it had “been reporting on [environmental impact and human rights issues in the supply chain] ourselves for years. European regulations mean that more companies have to start doing that. That creates a level playing field and we welcome that.”

Former president of Ireland Mary Robinson added: “Von der Leyen’s new Commission’s attempt to eviscerate these sustainability laws must not be agreed by the European Parliament and by the member states.”

The European Banking Federation warned that weakening the CSRD could create challenges for banks, echoing concerns from more than 160 investors who cautioned that the Omnibus package could harm investment and increase legal uncertainty.

CSOs such as the European Coalition for Corporate Justice (ECCJ)WWF and the Clean Clothes Campaign have also sharply criticised the proposal. The ECCJ writes the proposal is “not simplification, but full-scale deregulation designed to dismantle corporate accountability”.

Workers’ organisations and trade unions from garment-producing countries across Asia, Europe and Latin America also opposed the ‘Omnibus’ this week, highlighting the risk the proposal will “exclude most supply chain workers” including 49 million home workers.

Source: Business & Human Rights Resource Centre

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The CSOs’ Appeal to hear the EACOP case on merit is a crucial development, with the ruling now awaited.

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By Witness Radio team.

The Appellate Division of the East African Court of Justice (EACJ) has heard an appeal filed by four civil society organizations (CSOs) challenging the dismissal of their case against the East African Crude Oil Pipeline (EACOP).

The appeal, filed by four civil society organizations (CSOs), seeks to reconsider the case on its merits after the First Instance Division of the EACJ dismissed it in November 2023 on procedural grounds.

The case was before Justice Nestor Kayobera, Justice Kathurima M’Inoti, Justice Anita Mugeni, Justice Barishaki Bonny Cheborion, and Justice Omar Othman Makungu.

The East African CSOs, Center for Food and Adequate Living Rights (CEFROHT), Africa Institute for Energy Governance (AFIEGO), Natural Justice (NJ), and Centre for Strategic Litigation (CSL), argued that the lawsuit was dismissed unfairly and that the First Instance Court had improperly evaluated the evidence before making its ruling.

According to CSOs, the EACOP project, if implemented, could lead to significant environmental damage, endangering local livelihoods, water supplies, and biodiversity. This includes potential oil spills, disruption of ecosystems, and contamination of water sources. They further assert that TotalEnergies, China National Offshore Oil Corporation (CNOOC), and the governments of Tanzania and Uganda failed to provide a sufficient risk assessment for the project and to adhere to international human rights norms.

The EACOP project is a significant pipeline initiative spanning over 1,400 kilometers, designed to transport crude oil from Uganda’s Lake Albert region to the Tanzanian port of Tanga. The project is a joint venture of TotalEnergies and China National Offshore Oil Corporation (CNOOC) in partnership with the governments of Uganda and Tanzania.

During the appeal hearing in Kigali, Rwanda, the CSOs’ lawyers, known for their expertise, presented robust arguments against the First Instance Court’s dismissal of the case.

Counsel David Kabanda, one of the CSOs’ lawyers, argued that the First Instance Court had overstepped its role by evaluating evidence when considering the preliminary objection raised by the Tanzanian government, which claimed the case was time-barred. He emphasized that determining a preliminary objection should not require examining evidence.

The CSOs’ legal team also emphasized that the case had been filed promptly under the EAC Treaty, a key legal instrument that allows individuals in East African countries to challenge unlawful acts within two months of their enactment or upon gaining knowledge of such acts.

They also urged that the court should have examined other, non-time-barred portions of the case if a portion of it was dismissed on time-barred grounds.

The CSOs also raised the First Instance Court’s ruling to award costs to the Tanzanian and Ugandan governments and the East African Community Secretary General (EAC). They contended that a decision like this may deter future public interest lawsuits, particularly those involving human rights and the environment, as it could set a precedent of penalizing those who advocate for public welfare.

Lawyer Rugemeleza Nshala cautioned that charging in public interest cases, particularly those involving the environment and human rights, could have a “chilling effect” on those seeking justice. “The case that was filed affects the people, and this is why we have all these people in court today,” he said.

After hearing arguments from both sides, including legal representatives for Uganda, Tanzania, and the EAC Secretary General, the appellate judges reserved their ruling, stating that it would be delivered “on notice.”

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As Uganda awaits the Energy Efficiency and Conservation law, plans to develop a five-year plan are underway.

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By Witness Radio Team.

Kampala, Uganda—The Ministry of Energy and Mineral Development (MEMD) is developing a comprehensive five-year Energy Efficiency and Conservation Strategy and Plan for Uganda (EECSP). This plan, which is expected to be completed in June 2025, aims to enhance energy efficiency and conservation efforts in Uganda. Uganda has no law governing the manufacture, distribution, and use of clean cooking technologies.

The plan is expected to be aligned with national priorities, foster partnerships, and secure stakeholder buy-in for effective implementation and long-term sustainability.

In Uganda, over 90% of household energy consumption relies on biomass, a practice that is contributing to massive deforestation. This deforestation threatens our natural habitats, worsens climate change, and increases air pollution. To address these challenges, the government wants to improve energy supply, reduce greenhouse gas emissions, and expand green energy solutions in rural areas, ensuring access to affordable and clean energy.

James Banaabe said that the government, through the Energy Ministry, has hired their firm, Castle Group of Consultants, to develop the strategy. He explained that the goal is to create an actionable plan to enhance energy efficiency across various sectors in Uganda, including industries and buildings.

“We need to develop solutions that help sectors reduce their energy bills while promoting efficiency,” he noted during a consultative meeting attended by key stakeholders, including government agencies, private sector actors, civil society, academia, and end users, which provided active and meaningful insights into the development process.

Funded by the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ), the plan seeks to set realistic, achievable energy efficiency targets across key sectors such as industry, transport, residential, and commercial, identify key areas for improvement, develop an environmental strategy, and recommend actionable measures to enhance energy efficiency and conservation.

Engineer Simon Kalanzi, Energy Efficiency and Conservation Department Commissioner at MEMD, emphasized the crucial role of continuous stakeholder engagement. “The energy efficiency strategy and plan rely on broad stakeholder engagement to ensure inclusivity, relevance, and effective implementation. Your involvement is key to addressing market barriers, sharing knowledge, and building capacity to incorporate local and international expertise,” he stated further.

The strategy will yield significant benefits over the next decade, including a promising future with steady and responsible energy usage across targeted sectors.

David Birimumaaso, a principal officer at MEMD, highlighted that the strategy would support the implementation of the Energy Efficiency and Conservation bill, which is already before Parliament. “This law mandates everyone to be mindful of energy conservation,” he added.

On February 4, 2024, the State Minister for Energy, Hon. Sidronius Opolot, tabled the Energy Efficiency and Conservation Bill, 2024. The bill seeks to regulate energy consumption, curb waste, and promote sustainable cooking technologies. According to the bill, no regulations currently govern the manufacture, distribution, and use of clean cooking technologies.

 

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