Handbook on citizens’ rights in ESIA processes -AFIEGO

As we prepare to participate in the public hearings on the Kingfisher oil project’s Environmental and Social Impact Assessment (ESIA) next week on June 19 and 21 in Kikuube and Hoima districts respectively, we ask you to receive the attached handbook.

The easy-to-read book discusses citizens’ rights under ESIA processes and public hearings.

The rights are provided for under the 1995 Uganda Constitution, 2019 National Environment Act, the 1998 Environmental Impact Assessment (EIA) regulations and 1999 EIA Public Hearing Guidelines.

The handbook also discusses the gaps in Uganda’s environmental legal framework.

For instance, Uganda is still relying on the 1998 EIA regulations and 1999 EIA Public Hearing Guidelines to guide ESIA processes and public hearings.

The 2019 National Environment Act provides for the conduct of ESIA, and not EIA.

There is therefore lack of harmony between the 2019 National Environment Act, which provides for ESIA, and the EIA regulations and guidelines that are currently being relied on.

Citizens must therefore call on NEMA to complete and operationalise the ESIA regulations and to review the 1999 EIA Public Hearing Guidelines.

This will ensure that there are no contradictions with the 2019 National Environment Act.

Kindly read more in the handbook which we hope you will use to ensure citizens’ participation in the Kingfisher ESIA public hearings next week to promote environmental conservation amidst oil threats.https://www.afiego.org/download/handbook-on-citizens-rights-in-esia-processes-afiego/

 

GOVERNMENT, STOP LICENSING OF NGAJI OIL BLOCK

On May 8, 2019, the Ugandan government put up Ngaji oil block for bidding. Government plans on allowing oil exploration in the block.

The block is located in one of the most important and ecosensitive landscapes in the world, the Albertine Rift.

The block covers Lake Edward, a UNESCO Ramsar Site, and Queen Elizabeth National Park, a UNSECO Human and Biosphere Reserve.

Further, the block borders Virunga National Park, a biodiverse UNESCO World Heritage Site.

Virunga National Park accommodates 43% of Africa’s bird species, 27% of Africa’s mammals and more than 10% of Africa’s reptiles, amphibians, and plants in addition to several rare and endangered species that exist nowhere else in the world.

Allowing oil exploration in the Ngaji oil block will affect Lake Edward and the Queen Elizabeth in addition to Virunga national parks.

This will have catastrophic environmental, social, economic and diplomatic effects.

CALL TO ACTION

Join us in calling on government to stop the licensing of Ngaji oil block.

Tell your friends and partners about the negative impacts of licensing out Ngaji oil block.

Further, talk to your area Member of Parliament (MP), petition Ministry of Energy and write newspaper articles calling on government to remove Ngaji oil block from the blocks being considered for bidding.

AFIEGO’s May 2019 newsletter

AFIEGO’s May 2019 newsletter.

The newsletter contains the following content:
-Oil is death: Government must avoid oil activities in Lake Edward, Queen Elizabeth National Park
-Kingfisher ESIA public hearings: 12 rights that support citizens’ participation
-Pictorial of our activities
-Lobbying
-In the media
-Upcoming events

AFIEGO’s May 2019 newsletter

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Hoima-Buseruka leaders call for more schools

As the world marks International Literacy Day today –September 8, 2016-, we take a look at the dismal state of education in the oil region, focusing on how oil activities are further harming education.
Sixteen-year old Catherine Nyayenga does not want the events from the last school term to ever replay themselves in her life again.

Never.

Until 2012, her thirst for education was ably quenched by her hardworking parents and teachers.

Her parents practiced farming from which they paid her school fees while her teachers gave her the knowledge she requires to achieve her dream of becoming a doctor.

She was a good and curious student, soaking in the knowledge provided by her teachers and probing for answers on topics she did not understand. She was determined to do well and become a doctor.

Then government acquired 29 sq. km of land in Kabaale-Buseruka, Hoima district for a refinery. Her father’s land was part of the land that was acquired.

Government set a CUT-OFF date of June 2, 2012 meaning that property that was put up after the cut-off date would not be compensated.

Economic activity in the refinery area stalled. Nyayenga’s father’s fortunes dwindled. He increasingly found it hard to pay her school fees culminating into her missing her Mock exams last term.

Today, Nyayenga who is a student at Central High School in Hoima, has been turned into a beggar who asks for money so as to stay in school. AFIEGO offered her some.

It is important to however note that it is unsustainable to educate all the pupils and students whose education has been negatively affected by the refinery project.

As we have previously told you, education in the refinery area has been direly compromised.

The two primary schools, Nyahaira P/S and Kyapaloni P/S, collapsed living thousands of pupils without education. Government has left these pupils without education since 2012!

Access to education for children outside the refinery area is also difficult. Buseruka sub-county has only one secondary school, Buseruka secondary school.

“After completing P.7, our children drop out because the distance from Kaiso to Kabaale is too long. The boys become fishermen while the girls get married. Some become prostitutes at the landing site [on Lake Albert],” Mr. Henry Irumba, the L.C.1 Councillor of Kaiso landing site, which is located in Tonya parish, Buserka sub-county, says.

He appeals to government and oil companies such as Tullow Oil to construct secondary schools in Tonya parish; Buseruka Secondary School is in Kabaale parish, which is 26.6 Km from Tonya.

Mr. Vincent Opio, a leader in Buseruka sub-county, also says that in addition to urgently returning refinery-affected pupils to school, more secondary schools are needed.

“How can Uganda say that it is aspiring towards local participation in the oil sector and for middle income status when it has failed to provide education for the refinery-affected pupils for over four years?

The pupils should be returned to school. We also need more secondary schools,” Mr. Opio says.

Reporting by Sandra Atusinguza

Field Officer, AFIEGO

Oil cash beneficiaries are neither heroes nor patriots

Following the oil cash bonanza involving Uganda Revenue Authority bosses together with a host of top government officials, President Museveni has reportedly described the oil cash bonus beneficiaries as ‘heroes’ and explained that the payment was made in good faith to appreciate their effort in the successful arbitration cases that led to the government’s recovery of about $700 million as capital gains tax.

Making a case for increased solar energy financing

Worldwide, many countries have invested huge amount of resources towards the construction of hydroelectric power projects at the expense of solar energy. Currently, Africa boasts of 140 major ongoing hydropower projects to connect citizens to electricity.

The biggest hydropower dams are the Ethiopian Grand Renaissance Dam (6000 MW) and the Grand Inga Dam (39000MW) in DRC. Hydro power projects require high capital investments and offer fewer benefits to citizens in terms of access and affordability.

For instance, Ethiopia and DRC would require US$ 4.7 bn and US$80bn respectively for two hydro projects, yet despite the huge hydro potential these countries have on the Blue Nile and Congo River, electricity access is still low at 27.2% and 13.5% respectively.

Uganda has also constructed two major dams of Karuma and Isimba dams at an astronomical cost of US$1.4b and US$567.7m. These projects with their likely environmental impacts on water, air pollution landscape degradation and displacing people, connect few people on the national grid, yet if similar resources was allocated to solar energy, the benefits would be higher, connect more people with numerous multiplier effects especially in  sparsely populated rural regions, with no major environmental effects.

Solar energy also has been found to be the cleanest forms of energy, according to the International Energy Agency. Despite all this, there is less attention given to solar other than piecemeal interventions in this viable untapped resource.

To begin with, Uganda has a comparative advantage in solar energy because of her closeness to the equator; that ensures the constant supply of sunshine. It is estimated that, Uganda has a renewable energy potential of 5300MW that remains untapped.

The renewable energy policy (2013), further estimates that the country has a 200MW potential of solar electricity that remains unexploited. Most of the solar energy projects have been relegated to private sector players that lack the required capital and appropriate fiscal regime to revolutionalise solar energy.

For instance, Xsabo group recently launched five solar projects that will generate 150MW at a cost of 200m dollars. When compared to the cost Kwh of hydroelectricity, solar is a cheaper option.

It is expected that the cost kWh of hydro will be 5 US cents and 11 US cents from Karuma and Isimba when completed .when you juxtapose the unit of solar from Tororo and Soroti solar plants at 0.11 cents, it makes both economic and rational sense that solar is more much cheaper and affordable than the latter.

For a country that aspires to reduce greenhouse emissions, solar power should be aggressively priotised.It was reported that Soroti solar plant alone will cut Uganda’s carbon emissions by 264,355 tons per year while Tororo will save 7200 tons of CO2 per year. Solar power has no harmful radiation like hydroelectricity.

Why should Uganda put much emphasis in hydro yet most of the population cannot even afford to consume 940MW that is produced. It is reported that 13MW of electricity remain unutilized due to latent demand.

Considering Uganda’s rural-based population, does it make sense to extend the grid when only a few people will consume the product? What is the socio-economic and financial feasibility of such investment for a country that acknowledges affordable energy as a key driver of economic growth?

To begin with, solar, has no monthly bills, does not emit emissions that destroy the environment and studies have shown that, it’s the best form of energy to use in scarce populations, which is applicable to Uganda.

The government usually borrows to finance hydro dams and less priority has been put on solar energy. How many people in rural areas would have been supplied with solar power if shs 100 billion borrowed to finance Kikagati mini hydro dam was reallocated to this cause? What can sh600b do if this compensation money by Karuma dam claimants was channeled to a solar investment? Although there is a free connections policy, many poor people cannot afford the current power tariffs both at household and institutional level.

Most of the hydropower projects are delayed by land compensation, resettling project affected persons and litigations arising from land conflicts and undervaluation. These can be minimized and eliminated in solar driven funded projects.

The government should therefore operationalise the functions of the national energy committee, district energy offices and local council energy committees that were envisaged in the Renewable Energy Policy 2013 to enable local community participation in energy initiatives.

It is this policy implementation malfeasance contributing to 90% use of biomass for energy needs. Formulating a robust solar energy policy would provide the legal, legislative and fiscal framework and scale up access to clean and affordable electricity and achieve universal sustainable energy for all.

From Newvision by Dan Denis AgabaAFIEGO

Pipeline dreams: Will locals cash in on the oil bonanza?

Before mid-2017, Hotel Brovad in Masaka District was just like any other business in the hospitality industry; still, it is. Then in May that year, the presidents of Uganda and Tanzania signed the Heads of State Agreement concretising the Hoima-Tanga route for the proposed East African Crude Oil Export Pipeline (EACOP).
A week later, the Energy ministers of both countries inked the Intergovernmental Agreement (IGA) that binds the governments on the $3.55b (Shs13 trillion) infrastructure.

Not long after in 2018, the hotel started getting overwhelmed with reservations by people who had something to do with the pipeline.
Then pre-qualification adverts started running in newspapers calling for hotels which can provide decent accommodation, etcetera; the rest is now history, Ms Sarah Kiyimba, the hotel proprietor, says.
“What helped me were the standards; not that I’m boasting in anyway but my hotel is so far the best in Masaka,” she told Daily Monitor.

From the signing of the IGA, back-to-back activities like geo-technical, geophysical, front end engineering designs, environment and social impact assessments, land mapping and surveying of the route, and resettlement action plan studies, which required teams of foreign and local staff to comb the pipeline route from Hoima to Mutukula at the border with Tanzania, followed subsequently.
The pipeline runs through 179 villages in 10 districts—Hoima, Kikuube, Kakumiro, Kyankwanzi, Mubende, Gomba, Ssembabule, Lwengo, Kyotera and Rakai.

With the guest list filling up, Ms Kiyimba said it had a “trickle down” effect, requiring a steady supply of “quality” food stuff but sometimes they have travel for distances.
“We have our network of farmers, butchers, dairies and others in the supply chain but at times their supply fell short,” she said. “Going out to look for others meant we had to subject them to the same [high] standards, and as you know that is where the problem is.”
Hotel and catering is one of the 16 fields, out the 25 detailed in the 2014 industrial baseline survey, which are ring-fenced for Ugandans in the oil and gas sector.

Others are transport and logistics, security, civil works, human resource management, survey, camp management and provision of labour.
The baseline survey titled; ‘A survey to foster opportunities for Ugandans in the Oil and Gas sector’ postulated that the next phases—development and production—of the sector will create between 100,000 and 150,000 direct and indirect jobs over the coming years.

This is, however, subject to the expected investments of at least $15b (Shs36 trillion), including $6b (Shs21 trillion) for development of the Tilenga oil fields in Nwoya and Buliisa districts operated by Total E&P, and Kingfisher operated by Cnooc, and attendant infrastructures like two central processing facilities for filtering crude oil and power generation, and a network of feeder pipelines.

Other big projects anticipated are the pipeline (EACOP) to cost $3.55b (Shs13 trillion) and an oil refinery to cost $3b (Shs11 trillion). Construction of Kabaale International Airport is already ongoing, with the first usable runway expected to be complete by end of this year.

Too much, little capacity
Since the commercial oil volumes were announced in 2006, participation of Ugandans in the nascent sector has been a sticking issue.
Until 2016, the country saw investments to a tune of $3.2b (Shs11 trillion) but local service providers raked in only 28 per cent of that or roughly $900 million (Shs3b) mostly going to logistics, clearing and forwarding, supply chain management, catering services, air transport services (light aircraft carriers to the field) and camp management services.

However, between 2014, when global prices of crude oil plunged, and 2017 as government and oil companies—Total E&P, Cnooc, and Tullow, embarked on the discussions for the next development phase, activities dropped significantly, almost edging some local contractors out of business. The recent shuffling over the oil pipeline negotiations has enlivened the industry with high hopes and expectations yet again.
Mr Ernest Rubondo, the executive director of the Petroleum Authority of Uganda, the oil sector regulator, said several local companies have already been involved in the preparatory activities for the oil pipeline “which is good trendsetter.”

“For the activities that we anticipate, those we are doing preparation.Our role as a regulator is to ensure that there is steady flow of information about the opportunities; we want Ugandan enterprises to know that something is coming, and they should prepare. Whether they do that is mostly up to them,” Mr Rubondo said.
When Gulf Interstate Engineering completed the technical FEED studies, which detailed characteristics of the pipeline and what material will be required to put it together, Mr Rubondo said they compelled the company to organise sessions for local companies about available opportunities.

“By now, we really assume that Ugandans should be aware that opportunities that are coming,” he said.
Late last year, PAU revealed that it approved $428m (Shs1.5 trillion) as the total budget for oil companies’ activities in 2018, an in increase by $200m (Shs735b) approved in 2017, but with the much anticipated final investment decision (FID) in June this year—notwithstanding the incoming politicking, which usually dissuades investors—for development of the oil fields and pipeline, costs and budgets are expected to increase to $1b (Shs1.5t).

As a regulator of local content in the oil sector, PAU has also put in place initiatives such as the National Supplier Database—an online roster for all service providers—and the National Talent Register, an online one-stop centre for all jobs in the industry—to boost and cushion local service providers/contractors, but still that has not allayed fears and anxieties of locals losing out.

In broad terms, local content is defined as “the value addition by Ugandans using Ugandan materials, with services produced by Ugandans and Ugandan firms” with the aim of keeping money from the sector within the country while at the same time promoting local industries.

Setbacks
Mr Tony Okao Otoa, the head of Stanbic Bank’s business incubator programme aimed at uplifting SMEs, speaking at the national content conference on February 9, said several local suppliers have “some really good business concepts” but are mainly set back by failure to adhere to standards, lack of business plans and financial records, and poor banking and borrowing history, which makes it hard for them to compete favourably with either established local companies or foreign firms.

The issue of poor standards is probably one the most pressing issues facing local service providers.
Those that happen to meet standards, maintain neat records, or have succinct business plans, often face an uphill task of the huge capital requirements, and yet the banks also, out of fear of piling more non-performing loans portfolios, have learnt to tread carefully.
There has been a proposal of either maximum capitalisation of Uganda Development Bank or establishment of a local content fund—tokened by both government and service providers.

Mr Emmanuel Mugarura, the executive officer of the Association of Uganda Oil and Gas Providers (AUGOS), said there are many opportunities that a Ugandan company can enjoy, but the challenges are many too.
These include high cost of doing business, competition from more experienced players, lack of specialised and certified personnel.

“The local service providers are better prepared than they were six years ago. Most companies have invested in training and certification. We have more skilled people than ever before. Others have built partnerships and are ready to take on the task. The delay was a blessing in disguise,” he said.

Mr Mugarura also said conversations with oil companies and other players in the sector are continuous on aspects such as capacity building, information sharing and ability to build a strong local workforce thatshould run the industry.
“What is encouraging is that they seem to agree with us on the path we want to take,” he said.

In the oil pipeline’s case, Mr Mugarura said the dilemma is while it is transporting Uganda’s oil, the larger part of is in Tanzania—another jurisdiction hence different culture and rules.
He said the Tanzanian government is a little more sympathetic to their own citizens, their companies and people enjoy more protection from their government.

Perspective
“But you have to look at this holistically. Oil is an international commodity and the geopolitics transcend an individual country’s interests. So, as we go into the actual work, you may find there is uniformity in execution and work. So, I am not worried about that. All we need is a more and better understanding of the industry so that we can reap more with less risks and casualties.”

During the inter-government ministerial meeting held on January 25 in Kampala as part of ongoing oil pipeline negotiations, the Tanzanian Energy minister, Mr Medard Kalemani, said they have so far mobilised some 250 contractors to engage in the Engineering, Procurement, and Construction (EPC) phase which will likely start in Tanzania as Uganda runs through politics.

Asked about rallying local contractors for the same, Mr Rubondo said “for us we are interested in the process; I would be very hesitant to start counting that we have 500 or even 1,000 companies because they are several processes that lead to that.”

Notwithstanding, Mr Rubondo hinted on ongoing discussions with the Energy and Water Utilities Regulatory Authority, which is charged with monitoring performance and standards, about possibility of cross-border movement of local contractors and construction material—than going scouting in foreign markets.

Sources familiar with ongoing inter-government negotiations told Daily Monitor that local content is an emotive issue on the Tanzanian side.
Speaking in Dar-es-Salaam, the Tanzanian lead negotiator on the pipeline, Mr Goodluck Shirima, said while capacity on building pipelines is limited, comparatively Tanzania has been doing related work for some time—have built the Tanzania-Zambia Mafuta (Tazama) pipeline.

“We have experience, but we have to boost capacity. We are humble people; we believe in dialoguing and not so in quarreling as a solution,” he said.
Mr Shirima also said the Tanzanian private sector “is in agreement with government initiatives” to reap big from the project.
“In Tanzania, we have local content regulations but in outlook, we don’t want to inhibit opportunities for citizens,” he said.

Mr Maxim Marchenko, the EACOP project director, told Daily Monitor that local participation and local content is at the centre of their plans, and discussions with the different parties are ongoing.
He said for the EPC phase, an estimated 50,000 tonnes of construction material will be required.

Ms Aminah Bukenya, the Cnooc’s senior public relations manager, said “the plan is to maximise as much as possible the use of local manpower, local goods and service providers; this indeed is in line with the national content regulations.”

“To promote its national content performance, Cnooc developed its own national content strategy, with an aim to identify the opportunities for National Content, help the national suppliers to be able to take the opportunities, and support the national companies to play a more active role in the oil and gas industry,” she added.

Training capacity

The aspect of training and equipping potential employees with the right skill set is another cause for worry. In several towns on the pipeline route, communities have been told to prepare to supply labour during the construction phase, but do they match the required skills?
Efforts: The World Bank and Germany’s GIZ through the assessment and skilling project reinforced some training courses in, among others, welding at technical institutes in Hoima and Lwengo, but is a drop in the ocean given the extent of work project. Ms Susan Murekatete, one the recent graduates in 2G pipeline welding at Lwengo Technical Institute, told Daily Monitor that her first prospect is work in the oil industry but “openings in the sector are a seesaw.” As regards closing the skills gap, Mr James Bagaya, the Academic registrar of Uganda Petroleum Institute Kigumba (UPIK), said they have mandate to train as many as 250 students—technicians and craftsmen—per year but have limited facilities.

Limitations: “We are running diploma and certificate courses and we would like all these courses to be internationally certified to make our graduates more placed in the oil and gas sector. However, the challenge is the cost associated with international certification, for instance, we have so far trained more than 140 who underwent a generic curriculum accredited by Uganda,” Mr Bagaya said. Yet, the baseline survey highlighted the need to strengthen education in terms of compliance to oil and gas certification requirements and on-the-job practical training.

From MONITOR

AFIEGO’s January 2019 newsletter

In our January newsletter.

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Africa Institute for Energy Governance (AFIEGO) is a dynamic public policy and advocacy registered non-governmental organisation (NGO) that is dedicated to influencing energy policies to benefit the poor and vulnerable. Through its vision, AFIEGO’s seeks to realise a society that equitably uses energy resources for socio-economic development.

The organisation is based in Kampala, operates field offices in the Albertine region districts of Hoima and Kasese and works in Uganda in addition to the Great Lakes regions to realise its vision.

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