Govt should not undermine people’s trust by building power dam at Murchison Falls

The Minister of State for Energy and Mineral Development, Simon D’junga, through a recent NBS Television News broadcast, stated that government still has interest in the feasibility study on the conversion of the Murchison/Uhuru Falls into a power dam.

Such a provocation cannot go unchallenged. The policy of Nema on feasibility studies in Uganda, is awkward. It empowers the investor to employ the analyst of his or her choice and on most occasions, that analyst will side with his or her employer on the basis of “he who pays the piper calls the tune.”

A good number of development projects that call for the application of feasibility studies before final clearance, continue to suffer from that malady – so will the anticipated feasibility study on the Murchison Falls, if it were applied.

I expect D’junga to know through government records that President Museveni, along with other world leaders, signed Resolution 40 of Agenda 21 in Rio de Jenero in 1992, to guarantee the protection and preservation of all existing natural forest covers and wetlands, including the Murchison Falls National Park, in their respective countries.

Whether the proposed dam is developed at Uhuru Falls or the Murchison Falls, the difference is the same.

The entire Murchison Falls National Park terrain is spectacular and constitutes in nature, what no country in Africa possesses.

To a large extent, Uganda is what it is in nature, partially because of Murchison Falls wonders.

People have pronounced themselves on the proposed feasibility study at the Murchison Falls and consensus has been reached that those falls must be protected and there is no need for their existence to be subjected to an Environmental Impact Assessment study.

The people’s voice is supported by Articles 237(2)(e), 20 and 1 of the Constitution. Under those provisions of the Basic Law, government acts as the people’s employee and holds such resources in trust for the people of Uganda.

Any attempt by Cabinet to subject the Murchison Falls/Uhuru Falls to further scrutiny in the form of a feasibility study, would be undermining the people’s trust. I, therefore, call upon the government to abandon the programme that intends to conduct a feasibility study on Murchison Falls for the purpose of constructing a hydro-power dam.

If government goes ahead to undermine the people’s trust in regard to Murchison Falls, people may invoke Article 29(d) of the Constitution to demonstrate their concern for the protection and preservation of the mighty falls. The force behind such a call, could even outshine the famous save Mabira demonstration held in Kampala more than 10 years ago.

Victoria Nile grossly suffers from siltation and should be freed from excessive damming. We should watch out on what is about to happen if the construction of dams on Uganda’s river basins is not controlled. Excessive damming on the Nile waters is bound to weaken the flow of water due to deforestation, siltation and wetland reclamation.

The state of the environment in Uganda is at stake. The depletion of forests has moved from 24 per cent in the 1990s to a mere 8 per cent today.

That in reality has a bearing on the current severe poverty levels, indebtedness and unaffordable electricity tariffs. The search for more clean energy to drive innovation and industrial development, remains meaningless as long as it is not affordable to a cross section of the population. Hydro-electricity in Uganda is not affordable.

Parliament recently passed a Resolution through the Speaker’s efforts in protection of the Murchison Falls. In Uganda, however, such a resolution can always be ignored as was the case with the resolution passed by the 6th Parliament to save Uganda Commercial Bank from privatisation.

We thank the Bunyoro-Kitara Kingdom for being bold to oppose the construction of a power dam in the Murchison Falls National Park. According to the kingdom, Murchison Falls National Park is not only projected as paradise in tourism, but the Banyoro regularly visit those Falls to pay homage to their ancestors in search of natural blessings. Bunyoro should lead a court action to save Murchison Falls.

In the constitutional case of Commonwealth Vs Tasmania (1983) popularly known as the Tasmanian Dam Case, the Applicants opposed the construction of a hydro-electric dam on the Gordon River in Tasmania in protection of nature and the tourism glory.

In a four to three majority rule of the seven judges, the Constitutional Court held that the Federal State had legitimately prevented the construction of the dam in line with the World Heritage Act and the provision banning the construction of the dam was found valid.

Mr Lukyamuzi is a former MP for Rubaga South and president of Conservative Party.