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Govt resurrects emotive Land Acquisition Bill.

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photo credit: Daily Monitor

President Museveni and then Lands State Minister Aidah Nantaba in Kayunga in June 2021 where the President had gone to mediate a land dispute. The government is set to reintroduce the compulsory Land Acquisition Bill. 

The government is set to reintroduce the controversial Land Acquisition Bill that, among others, seeks to enable compulsory land acquisition for strategic government development projects.
The Bill is among the 62 proposed legislations presented by President Museveni during the State-of-the-Nation Address on Tuesday that are to be introduced by government to the 11th Parliament during its second session that started on June 7.

According to the Ministry of Lands, the object of the draft Bill is to allow the government to acquire land for timely implementation of public works and end years of prolonged acquisition processes that have in the past cost the country billions of shillings and hindered essential projects.
The idea of the government to take over even privately owned land for public works dates back to 2017, and has often raised a raging debate across the political divide that remains unsettled.
 READ: Mailo land tenure debate sparks storm

Buganda premier Charles Peter Mayiga vowed to oppose the new proposed land law that seeks to provide for compulsory acquisition of land for government development projects, warning that it is a ploy to grab people’s land.
“As Buganda Kingdom, we shall not allow any law on land that seeks to grab land from Kabaka’s subjects and undermine Kabaka’s authority over land. They [government] should stop provoking us,”Mr Mayiga told the Lukiiko (Buganda parliament).

The property law
Article 26(2) of the Constitution stipulates that: “No person shall be compulsorily deprived of property or any interest in right over property of any description except where taking possession is necessary for public use and, or, is made under the law after prompt payment of fair and adequate compensation.”
However, in 2017, the government tabled the controversial Constitution Amendment Bill, 2017 that sought, among other things,  to amend Article 26 of the Constitution to allow government “compulsory acquisition” of private land for national projects and deposit in court the compensation money it deems appropriate regardless of whether the owner consents to it or not.

In the same year, President Museveni, conducted a countrywide radio tour to face the people with the aim of softening the public to embrace the proposed amendments.
Many, however, remained unyielding.  At the time, most of the Cabinet ministers as well as NRM legislators remained silent on the matter.
But the attempts to amend Article 26, which safeguards private land until adequate and timely compensation is made, were rejected by the 10th Parliament, and the government retreated to re-strategise.

Mr Dennis Obbo, the spokesperson at the Ministry of Lands, yesterday told Daily Monitor that the draft document is with the Ministry of Justice for drafting of a new Bill, after consultations with stakeholders, across the country.
Without delving into the details of the new amendments to the proposed law, Mr Obbo said some changes have been made to ensure the processes are within the confines of the Supreme Law.
“It is important we do not delay capital investments, which has been the case. Government in the past has lost $27m (Shs101b) per year in servicing debts because of such acquisition delays. We have looked at a win-win situation, listen to the owner of the land but also make sure government does not lose out,” Mr Obbo said.
The new Bill will maintain the deposit of compensation money on an escrow account in case a land owner has reservations about the amount they are offered.

The compensation rates will be determined by government valuer, according to the Valuation Bill, 2022, another attendant legislation that seeks to harmonise the acquisition process.
The Land Acquisition Bill also established a tribunal, headed by a High Court Judge to handle any disputes. Such a complaint must be heard and decided on within 30 days, and an appeal in 45 days.
In case Parliament approves the controversial amendments, Mr Obbo reiterated that land owners will be given a notice, allowed six months to vacate the land in question, and the government will only take over the land after compensation, or settlement in case of disputes.

Other inclusions
The draft Bill, according to sources in the Attorney General’s chambers, will also provide for resettlement and relocation packages as opposed to compensation.
The government will also table the Land Act Amendment Bill, 2022 that seeks to address land issues including the rampant eviction of bibanja holders and reorganise the current land tenure systems.

A sub-committee of the Cabinet chaired by Deputy Prime minister, Gen Moses Ali, is currently studying the report by the Justice Catherine Bamugemereire Commission to inform major amendments to streamline the land business.
The Gen Ali committee is reported to be under strict instructions to come up with “incontrovertible amendments” that are needed to stop rampant illegal evictions in the country.
Government will also reintroduce the Health Insurance Bill that elapsed with the 10th Parliament. The legislation  seeks to provide universal healthcare to all Ugandans.

Bills govt will present for legislation in 2022/2023 

1. The Uganda Peoples’ Defence Forces Act (Amendment) Bill 2022
2. The Social Impact Assessment and Accountability Bill
3. Uganda National Kiswahili Council Bill
4. The Employment (Amendment) Bill
5. The Occupational Safety and Health (Amendment) Bill
6. The Workers Compensation (Amend) Bill
7. Labour Unions (Amendment) Bill
8. The Culture and Creative Bill
9. The Veterinary Practitioners Bill
10. Animal Diseases Amendment Bill
11. Companies (Amendment) Bill, 2022.

12. The Insolvency (Amendment) Bill, 2022.
13. The Law Revision (Miscellaneous Amendments) Bill, 2022.
14. Energy Efficiency and Conservation Bill
15. Amendment of Atomic Energy Act,2008
16. Building Substances Bill,2022
17. The National Health Insurance Scheme Bill,2019
18. The Food and Drug Authority Bill,2017
19. Health Professional Council’s Authority Bill,2016
20. The Museums and Monuments Bill 2022
21. The Nakivubo War Memorial Stadium (Amendment) Bill.
22. Business Technical Vocational Education and Training (Amendment) Bill

23. The National Teachers’ Bill.
24. The Physical Activity and Sports Bill
25. The Local Government (Amend) Bill
26. The Uganda Communication (Amendment) Bill
27. National Information Technology (Amendment)Bill
28. Engineers Registration (Amend) Bill.
29. Uganda Railways Corporation (Amendment) Bill
30. Land Acquisition Bill,2022
31. Valuation Bill,2022
32. Real Estates Bill,2022
33. Land Act (Amendment) Bill,2022

34. Anti-Terrorism (Amendment) Bill
35. Small Arms and Light Weapons Control Bill
36. The Explosives Bill.
37. Transitional Justice Bill
38. Microfinance Deposit Taking Institutions (Amendment) Bill,2020
39. Annual Macroeconomic and Fiscal Performance Report FY 2021/2022
40. National Budget Framework Paper for FY 2023/2024
41. Semi – Annual Budget Performance Report FY 2022/2023.
42. Semi – Annual Macroeconomic and Fiscal Performance Report FY2022/2023

43. Annual Budget Estimates FY 2023/2024
44. The Appropriation Bill FY 2023/2024
45. Treasury Memoranda FY 2023/2024
46. Corrigenda FY 2023/24
47. Income Tax (Amendment)Bill,2023
48. Excise Duty(Amendment)Bill,2023
49. The Value Added Tax (Amend) Bill, 2023
50. The Stamps Duty (Amendment) Bill, 2023
51. Traffic and Road Safety (Amendment)Bill, 2023
52. Lotteries and Gaming(Amendment)Bill,2023
53. The Tax Procedures Code (Amendment) Bill 2023
54. Tax Appeals Tribunal(Amendment)Bill,2023
55. The Finance (Amendment) Bill, 2023
56. Budget Speech for FY 2023/2024.

57.The Supplementary Appropriation Bill FY 2022/2023
58. The Uganda National Council of Science and Technology (Amendment) Bill
59. Competition Bill
60. Consumer Protection Bill
61. Legal Metrology Bill
62. Industrial and Scientific Metrology Bill

Source: Daily Monitor

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Oil activities in Murchison Falls National Park threaten Wildlife Conservation – AFIEGO study reveals.

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By Witness Radio team.

A study conducted by the Africa Institute for Energy Governance (AFIEGO) and its partners has revealed that oil development activities are threatening the existence of Wildlife conservation at Murchison Falls National Park (MFNP).

Uganda has 10 National Parks including Queen Elizabeth, Lake Mburo, Murchison Falls, Kidepo Valley, Kibale, Mount Elgon, Rwenzori Mountains, Semuliki, Mgahinga Gorilla, and Bwindi Impenetrable National Parks and are managed by Uganda Wildlife Authority, (UWA).

Murchison Falls National Park, one of the oldest and most visited national parks in Uganda, is highly attractive to tourists due to its rich biodiversity. According to the Ministry of Wildlife, Tourism, and Antiquities’ 2024 report, Murchison Falls National Park received the highest number of tourists among all the national parks in Uganda between 2019 and 2023.

Data from Ministry of Tourism shows that in 2023, the Murchison park received 141,335 visitors which is equivalent to 36.4% of the 387,914 tourists that visited Uganda’s ten national parks.

The 24-page document titled Murchison Falls National Park is dying: How oil activities, climate change, and poaching are negatively reshaping the Park’ reveals that the Tilenga oil project infrastructural development presents immense risks to Murchison Falls National Park.

The Tilenga Oil project, part of the East African Crude Oil Pipeline (EACOP) is operated by Total Energies E&P (U) B.V. According to the EACOP website, EACOP is being constructed in parallel with two upstream development projects known as Tilenga and Kingfisher respectively.

Between February and June 2024, AFIEGO and partners conducted research to assess the progress of the development of the Tilenga oil project infrastructure and to examine the impact of this infrastructure on biodiversity.

In Murchison Falls National Park, oil sector infrastructure such as drilling rigs, well pads, flowlines, pipelines, roads, and others are being developed to enable commercial oil production by TotalEnergies under the Tilenga oil project.

Findings reveal that there has been progress in developing oil sector infrastructure in park assessed through satellite images. According to the study analysis of May 2024, satellite imagery shows rapid development of the tens of well pads and clearing for roads and the pipeline network inside the park.

The progress in oil development has had chilling effects on humans and biodiversity. Findings from the study expressed growing concern and fear towards light pollution, increased poaching risks, and increased motorization. Elephants are invading different areas of residence because of vibrations from the oil rig.

Among the impacts seen is the escape of wild animals from the park and the killing of people neighboring it. The study reveals that between 2023 and April 2024 in Buliisa district, five people have been killed by elephants. Oil host communities that live around the Park reported that elephants are moving from the Park and are invading communities destroying croplands and killing people.

According to experts in the study, the elephants could feel the vibrations from the drilling rig in their feet which causes them to move away from the Park and into communities.

The study also noted that the Tilenga oil project drilling rig is responsible for increasing light pollution in the Park and the surrounding communities. The light from the rig can be seen at long distances up to 13.9km away. Concerns were raised by this research’s respondents, who observed that the feeding and other patterns of nocturnal and light-sensitive wildlife could be negatively impacted by the rig’s light pollution. Such wildlife includes leopards, lions, birds, and others. These could migrate from the Park, or suffer worse impacts such as death.

Away from the above, the study observed that the paved roads that have been constructed in Park to support the Tilenga oil project activities have opened it up to more motorised traffic exposing wildlife to poaching, accidents as well as noise and air pollution.

Furthermore, Well-pads are located an estimated 950 and 750 metres respectively from the Murchison Falls-Albert Delta Ramsar Site in Park which is an Important Birding Area and important spawning ground for the Lake Albert fisheries.

“The development of good pads near the Ramsar site has been implicated in risking the conservation of aquatic biodiversity such as water birds especially the vulnerable Shoebill, fishes, and mammals like the hippopotamus” the study mentioned.

Additionally, the development of well pads and other oil sector infrastructure were also implicated in increasing the human population in Park. “The presence of human beings has been shown to lead to avoidance by wildlife, especially larger mammalian predators, of areas where human beings are. Wildlife such as the Uganda Kob was said to be slowly acclimatizing to the human presence and can be found near oil sector workers”. The study revealed.

Also, it pins oil activities in the Northern sector of the Park where the rig that will drill the Jobiri wells is located, the Northern side is characterized by savanna vegetation hosting more wildlife than the Southern sector, endangering the conservation of the savanna grasslands. According to experts in the study, predators such as lions, hyenas, leopards, and others also prefer to live in the Northern sector of the Park where they can easily access prey among others.

This study was released barely a few weeks after a group of 828 civil society organizations (CSOs) led by Afiego, oil host communities, fisherfolk, small-scale farmers as well as tour and travel operators, and other individuals from Uganda and the Democratic Republic of Congo (DRC) petitioned President Yoweri Kaguta Museveni to stop the ongoing TotalEnergies’ oil drilling in Murchison Falls National Park and its planned deployment of a second oil rig in the Park.

The petition followed reports that Total Energies E&P (U) B.V. was sweet-talking the President to allow them to deploy the second rig in the Park following the Petroleum Authority of Uganda’s (PAU) refusal, to allow them to deploy another oil rig in the Park over biodiversity conservation concerns.

As Total looks to add more oil rigs escalating the impacts, the recent study reveals that its current infrastructural projects—including oil rigs, well pads, pipelines, and roads—continue to cause negative impacts on biodiversity conservation in the Park.

In a bid to strengthen biodiversity conservation, the research study recommends that TotalEnergies and the Ugandan government stop all oil exploitation activities in the Park and calls for the intervention of the United Nations (UN), Ramsar secretariat, and UNESCO World Heritage Committee to engage the Ugandan government to stop the oil activities in Park.

Furthermore, the Ugandan government and development partners called upon to support the Uganda Wildlife Authority (UWA) in addressing risks such as climate change, poaching, and human-wildlife conflicts that are endangering the conservation of vital wildlife that supports the multi-billion tourism and other industries in Uganda.

The Uganda Wildlife Authority refused to comment on the study findings. The spokesperson of the Authority Mr. Bashir Hangi in an interview with Witness Radio said he was unable to comment on its contents.

“We haven’t read the detailed report and cannot comment on its contents. Allow us to read the report,” he wrote in a WhatsApp text message to Witness Radio.

Dr. Patricia Litho Kevin, the Assistant Commissioner for Communication in the Ministry of Energy and Mineral Development, acknowledged that there are potential risks associated with oil exploration and production, a reason why they established robust regulations, monitoring mechanisms, and contingency plans to prevent and respond to any environmental incidents.

She adds that the Government of Uganda is committed to ensuring that the oil projects are executed in an environmentally sustainable and responsible manner because it also understands the importance of preserving the natural heritage and biodiversity.

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A Financial gap: Can China be stopped from financing the EACOP?

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By Witness Radio and Südnordfunk team.

The East African Crude Oil Pipeline (EACOP) faces a financial hole. Numerous Western banks and insurers have already bailed out – meanwhile, the pipeline construction is in full swing. The shareholders seem confident that they will be able to finance the project. And Chinese banks, in particular, are coming into play.

Witness Radio’s Partner, Südnordfunk, a community radio in Germany, speaks to Zaki Mamdoo of the StopEACOP Movement and Ryan Brightwell of BankTrack about the reasons for the delay and the question of how China can be stopped from funding this disastrous project during the -Project is no longer attractive. China intends to close EACOP’s financial gap program.

The program was first broadcast in Germany, and Witness Radio is bringing you the same program in the English version.

Südnordfunk is partnering with Witness Radio to shed light on the different ways the construction of the EACOP pipeline is and will be affecting people, the resettlement programs, evictions, the socio-ecological consequences, and the entanglements of European politics.

Tune in. In case you missed both live programs (English and German broadcasts).

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NEMA suspend operations to evict the World Bank project-affected community and other residents accused of being located in wetlands.

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By Witness Radio team

The National Environment Management Authority (NEMA) has halted all evictions in the Kawaala Zone II and Nabweru villages until community petitions protesting against the evictions are heard. Witness Radio has learned.

This decision to halt the evictions followed several petitions by hundreds of residents affected by the Lubigi wetland restoration exercise. In June, the residents from the two villages petitioned NEMA, seeking a review of the eviction orders issued by evictors and compensation for those whose properties got demolished.

Some of the petitioners are waiting to receive compensation after signing a remedy agreement from a mediation process facilitated by the World Bank’s Dispute Resolution Services (DRS).

In one of their petitions, the World Bank project affected community accused NEMA of hiding behind the Lubigi restoration exercise to deny them compensation for their land which was earmarked for Lubigi drainage expansion, that they had been waiting for over a year.

Since June 2024, many residents in Kawaala Zone II, Nansana, Nabweru, and other villages have forcefully been evicted from their land, while others have faced eviction threats from NEMA claiming these residents encroached on Lubigi wetland.

However, victims have contested NEMA claims, asserting that they have not infringed on wetlands. Some residents claim to have land ownership titles issued by the government of Uganda, while others are tenants of the Buganda Land Board from whom they have been paying ground rent. It is on these grounds that they petitioned the NEMA.

Addressing the affected residents, their lawyers, and village leaders at NEMA offices in Kampala, Dr. Akankwasah Barirenga, the Executive Director of NEMA, confirmed that NEMA was in receipt of several partitions and stated that the authority will hear all communities’ petitions. He further emphasized that no one should be evicted or disturbed from their land until all petitions are heard.

According to NEMA, it has received 137 petitions, and a final decision on whether to evict or not will be made upon completion of hearings.

“No one is going to evict you from your homes before the completion of the hearing of your petitions. After hearing these petitions, you will be informed of the decisions. If it is established that the petitions have substance, the tribunal will decide based on what has been heard,” Dr. Akankwasah revealed

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