Human rights key to unlocking Karamoja’s mineral potential

Tapac and Rupa sub-counties in Moroto District, Karamoja Sub-region are one such areas that were historically forgotten during the colonial period and throughout the post-colonial regimes but have of late received the attention of multi-national corporations (MNCs) to extract her mineral resources to feed mushrooming factories established outside the region, in Tororo, Mbale, Jinja, Kampala and Nakaseke districts.      

Since the early 2000s, government has given special priority to the mining concessions at both international and national levels for resource exploration and mineral extraction in Karamoja. The Ugandan government encourages the mining sector with the aim of strengthening the regional and national economy.

However, there’s evidence that some mining companies use their “mining rights” to deprive rural communities of access to natural resources vital to their livelihoods and economic survival.

While Karamoja remains on the steady path of development, it also posts the highest multi-dimensional poverty index (MPI) in the country: 79.1 percent live in severe poverty compared to the 38.2 percent national average. Yet, Karamoja is rich in mineral resources! Beneath the Karamoja land surface lies more than 50 types of minerals: tin, gold, iron, nickel, copper, cobalt, marble, limestone, graphite, gypsum, wolfram, uranium, and lithium. 

According to the Ugandan mining cadaster (2018), national and international investors have been granted mining concessions for more than 60 per cent of the land in Karamoja. In this context, communities have little leverage to challenge investors or to advocate for their rights and favourable conditions for local development in the face of mineral resource exploitation.

The population of agro-pastoralist and semi-nomadic pastoralists belong to Karimajong, Tepeth and Pokot ethnic groups who hold their land under customary law and have no formal legal title.

It is in Karamoja where there is  more than 300 million tonnes of commercial limestone deposits, some of which are being exploited and transported to Tororo, Jinja, Kampala, Nakaseke and Mbale for cement and tiles manufacturing and other construction products such as slabs, tiles, terrazzo, aggregates and paint making.

The most important open pit limestone mine covering about 4.5 km2 is located in Tapac Sub-county, in the sector called Kosiroi, which belongs to the parish of Katikekile.

One of the organisations working to sensitise communities on their mining rights Resource Rights Africa (RRA), has indicated that one of the companies, offers comparatively low rates for limestone, which has kept artisanal and small scale miners complaining. The table below explains the state of affairs:

Type of Lorry      Tonnage     Rate

1           ‘Sino Truck’       29                   180,000/-

2         ‘Ben Ben’              32                  240,000/-

3         ‘Fuso’                 25                   150,000/-

It is estimated that on a daily basis, between 20 and 40 trucks drive out of  the mining area loaded with stones. A 32-tonnage Lorry is loaded at a paltry price of Shs110,000.  The young boys, who claim to be below 18, complain that the work is herculean but the pay is miserable.

The miners have been demanding for an increase in prices but the cement company has turned a blind eye. Recently, a demonstration for fair prices by local miners in Tapac is said to have been quelled by the company acting with some district and security authorities. Some local community leaders were accused of ‘instigating’ the miners against the company.   

The influx of MNCs and large business entities into Tapac Sub-county and Karamoja region as a whole provides some indication of local development benefits commonly associated with large scale businesses, such as formal employment and spin-off ventures, infrastructure (e.g. roads, water and power), widening tax base and social transformation among others.

However, local organisations working in the mining sector in Karamoja report of serious human rights violations in communities at the hands of multinational business enterprises.  There is, for instance, absence of prior and informed consent from indigenous communities before companies commence operations. Incidents of land grabbing have been recorded in the mining areas.  Some of the business activities seem to have in fact increased the vulnerabilities of communities as opposed to increasing their livelihoods.

What is the persistent problem?

Uganda’s mining law requires a surface rights agreement to be negotiated with landowners prior to active mining, and payments of royalties to lawful landowners once revenues flow. The land in Kosiroi mining area is owned communally and was used as grazing area by the Tepeth community before the mining activities destroyed the vegetation and the soil.

It is said that the mining company is yet to negotiate surface rights with the traditional leaders, even though mining activities have continued for decades.  To date, no binding document can be traced to clarify the relationship between the community as landowner and the entities that retain mining rights.  

The community continues to challenge mining licences, ML 4622 (granted in 2002) and ML 0593 (for 50 square KMs, granted in 2010) granted to Tororo Cement Limited without local consultations. It remains unclear whether the relevant environment impact assessments and audits are done.

The Mining Act stipulates the procedure of acquiring the various licenses, the rights and obligations of a license holder vis-a-vis those of the landowners. The Act further provides for restrictions on the rights of license holders, by providing for: a) the rights of land owners to get compensation for disturbance over their land (surface rights); and b) a right to royalties entitled to a lawful owner or occupier of land (3 per cent of the total royalties paid by a mineral prospector).

The lack of legal evidence of land ownership puts communities at risk of human rights abuses linked to mining activities. In Tapac sSb-county the consequences are visible: land grabbing, loss of access to natural resources, water contamination and soil erosion, forced evictions and conflicts with immigrant families. The failure to pay royalties to traditional landowners has already prompted community members to question their traditional leaders and the role of local government officials in the mining operation.

Relation between the license holder and the Tepeth community in Kosiroi

The history of Kosiroi mining area started in the early 2000 when Tororo Cement Ltd (TCL) started mining based on a mining lease for about 20km2 granted by the Ministry of Energy and Mineral Development in 2002 (ML4622).

The company informed the communities about their “mineral rights” and offered them to crush limestone boulders into small, carriage-able pieces and then the company would “buy the stones” that would be ferried to the plant in Tororo.

Depending on the season (rainy season it is less), between 200 and 500 artisan miners are working in this area, usually in work groups of 4-6 individuals often in family units. Over the last 20 years, more and more migrant workers from all over Uganda, but also from Kenya and DR Congo have come for formal employment in the area just like mining, loading trucks with stones, trading, selling food, goods, alcohol among other items.

What can be done?

Collectively, the relevant state and non-state actors should fast track the passing of the Land Acquisition (Amendment) Bill to, among other issues, harmonise the land acquisition units in agencies that acquire land on behalf of Government;

Secondly, the local governments of Rupa and Tapac ought to consider setting up revenue task forces to track the amount of minerals leaving the sub-county, follow up of the royalties with the central government as well as Moroto District Local Government, to enhance service delivery at community level;

The mining companies need to heed to community demands to have a memorandum of understanding (MoU)  spelling out corporate cocial responsibility (CSR) projects to be undertaken in the community. A CSR committee comprised of community members amd local leaders should be put in place to follow-up the MoU implementation and other community concerns;

Collectively, we need to fast-track the passing of the Mining and Minerals Bill that should among other things enable formalis ation of artisanal and scale miners;

The recently adopted National Action Plan on Business and Human Rights should be simplified and disseminated at the lowest level such that mining companies utilise this framework in their operations – to drive a human rights based approach.

Mr Kaheru is a commissioner at the Uganda Human Rights Commission

[email protected]