Environmental Rights Violations in the Mineral Resource Sector of Karamoja Sub Region of Uganda

ABSTRACT It is reported that many people’s environmental riqhts are being violated daily. It continues to be a heavy drag on man’s efforts to advance agriculture and pastoralism. The evolution of environmental riqhts in the mining sector saw the enactment of legislation specifically to protect the interests of the Indigenous people in the mining sector but this has not been mostly followed. The protection of environmental riqhts has evoked emotions and debates espedally when it comes to protection of the environment. The discussion gives the impression that there have been gross violations of environmental rights in the mining sector of Karamoja region. The critical issue here dwells on the controversy between the need to protect environmental riqhts even when the environment is threatened. Reference is made to the central research question of What is the impact of mining on environmental rights in Karamoja sub region?, This study has analyzed the international and national environment legal regime and its implication on environmental riqhts in the study area. The study used both primary, secondary data and qualltative research methodology and found that the question of environmental rights violations has had a long history and has remained controversial in Uganda and Karamoja in particular. Despite this, there is need for Uganda to join the Extractive Industries Transparency Initiative (EITI), which promotes good governance, transparency and accountability in the natural resources sector, respect the rule of law, amend the law and respect the ri~ghts of the indiqenous population of Karamoja mining sector. Once this is done, environmental riqhts violations will lessen and sustainable development will be achieved.

TABLE OF CONTENTS

DECLARATION A I

DECLARATION B II

APPROVAL SHEET III

DEDICATION IV

ACKNOWLEDGEMENT V

ACRONYMS VI

LIST OF CASES VIII

LIST OF FIGURES IX

LIST OF STATUTES x

TABLE OF CONTENTS XII

ABSTRACT XVI

Chapter Page

ONE THE PROBLEM AND ITS SCOPE 1

1.1BACKGROUND TO THE STUDY 1

1.2 STATEMENT OF THE PROBLEM 5

1.3 PURPOSE OF THE STUDY 6

1.3.1 SPECIFIC OBJECTIVES 6

1.3.2 RESEARCH QUESTIONS 7

1.4 HYPOTHESIS 7

1.5 SCOPE OF THE STUDY 7

1.5.1 GEOGRAPHICAL SCOPE 7

1.5.2 CONTENT SCOPE 8

1.5.3TIMESCOPE 8

1.6 SIGNIFICANCE OF THE STUDY 8

1.7 OPERATIONAL DEFINITIONS OF KEY TERMS 9

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TWO LITERATURE REVIEW 11

2.0 INTRODUCTION 11

2.1 HUMAN RIGHTS CONCEPTS AND THE MINING SECTOR 11

2.2 EVOLUTION OF HUMAN RIGHTS CONCEPTS 15

2.3 EXPANSION OF ENVIRONMENTAL RIGHTS CONCEPTS 16

2.4 IMPACT OF MINING CORPORATIONS ON ENVIRONMENTAL RIGHTS 23

2.5 THE ROLE AND RESPONSIBILITIES OF MINING CORPORATIONS IN RESPECT

OF ENVIRONMENT RIGHTS. 32

2.6 ENVIRONMENTAL RIGHTS LINKAGES IN LAW, POLICY AND PRACTICE 37

2.6.1 RELATIONSHIP WITH DEVELOPMENT 37

2.6.2 RELATIONSHIP WITH BIODIVERSITY 39

2.6.3 RELATIONSHIP WITH CONSERVATION 40

2.6.4 RELATIONSHIP WITH ECONOMIC, SOCIAL AND CULTURAL RIGHTS 41

2.6.5 RELATIONSHIP WITH GOVERNANCE 41

2.7 COMPARISON WITH OTHER MINING REGIMES 41

2.7.1 INDONESIA 41

2.7.2 PHILIPPINE 44

THREE METHODOLOGY 47

3.0 INTRODUCTION 47

3.1 STUDY DESIGN 47

3.2 RESEARCH POPULATION 48

3.3 SAMPLE SIZE 48

3.4 SAMPLING PROCEDURE 49

3.5 RESEARCH INSTRUMENTS 49

3.5.1 INTERVIEWS 50

3.5.2 FOCUS GROUP DISCUSSIONS 50

3.6 VALIDITY AND RELIABILITY OF THE INSTRUMENTS 50

3.7 DATA GATHERING PROCEDURES 50

3.9DATA ANALYSIS 51

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3.10 ETHICAL CONSIDERATIONS 51

3.11 LIMITATIONS OF THE STUDY 51

FOUR THE LEGAL AND INSTITUTIONAL FRAME WORK: A COMPLIANCE

OVERVIEW 53

4.0 INTRODUCTION 53

4.1.1 CONVENTION CONCERNING THE PROTECTION OF THE WORLD CULTURAL

HERITAGE (1975) 53

4.1.2 THE UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE

(UNFCCC) (1992) 53

4.1.3 THE KYOTO PROTOCOLTO THE UNITED NATIONS FRAMEWORK

CONVENTION (1997) 54

4.1.4 THE CONVENTION ON BIOLOGICAL DIVERSITY (1992) 55

4.1.5 THE EAST AFRICAN COMMUNITY TREATY (EAC) (1999) 55

4.1.6 THE EAST AFRICAN PROTOCOL ON ENVIRONMENT AND NATURAL

RESOURCES 55

4.1.7 THE CONSTITUTION OF THE REPUBLIC OF UGANDA, 1995 56

4.1.8 THE NATIONAL ENVIRONMENT ACT, CAP 153 57

4.1.9 THE WATER ACT, CAP 152 58

4.1.10 THE LAND ACT CAP 227 59

4.1.11 NATIONAL FORESTRY AND TREE PLANTING ACT, 8/2003 60

4.1.12 THE MINING ACT, 2003 60

4.1.13 THE INVESTMENT CODE ACT, CAP 92 61

4.1.14 THE PUBLIC HEALTH ACT, CAP 281 61

4.1.15 THE OCCUPATIONAL SAFETY AND HEALTH ACT, 2006 62

4.2 INSTITUTIONAL FRAME WORK: AN ANALYSIS OF THE LEVEL OF

COMPLIANCE 62

4.2.1 NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY (NEMA) 62

4.2.2 LINE MINISTRIES 63

4.3.0 DATA ANALYSIS AND PRESENTATION; 64

4.3.1COMMUNITIES VOICE ON ENVIRONMENTAL VIOLATIONS 64

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4.3.2 GOVERNMENTS VIEW ON ENVIRONMENTAL RIGHTS VIOLATIONS 66

4.3.3 CIVIL SOCIETY PERCEPTIONS ON ENVIRONMENTAL RIGHTS 67

4.3.4 MINING COMPANIES PERCEPTIONS ON ENVIRONMENTAL RIGHTS

VIOLATIONS 68

FIVE FINDINGS, CONCULSIONS AND RECOMMENDATIONS 70

5.0 INTRODUCTION 70

5.1 FINDINGS 70

5.3 CONCLUSIONS 71

5.3 RECOMMENDATIONS 72

5.3.1 THE GOVERNMENT SHOULD ESTABLISH CONSULTATIVE MECHANISMS 72

5.3.2 COMPANIES SHOULD CARRY OUT A DETAILED ENVIRONMENTAL IMPACT

ASSESSMENT BEFORE EXTRACTION 73

5.3.3 CORPORATIONS SHOULD CARRY OUT DETAILED SOCIAL IMPACT

ASSESSMENTS 73

5.3.4 INSTITUTE A MONITORING AND EVALUATION PROCESS 73

5.3.5 RIGHTS TO LAND OF INDIGENOUS PEOPLE SHOULD BE RECOGNIZED 74

5.3.6 ESTABLISH CLEAR REGULATORY FRAMEWORKS 74

5.3.7 INSTITUTIONALIZING THE RULE OF LAW 75

BIBLIOGRAPHY 76

APPENDIX I: QUESTIONARE FOR MINING CORPORATIONS 83

APENDIX II: INTERVIEW GUIDE, FOR KEY INFORMANT INTERVIEWS 87

APPENDIX III: TRANSMISSION LETTER 89