Info- sheet. 2014

THE DYNAMICS OF CONFLIC TS RELATED TO LAND AND NATURAL RESOURCES IN RUPA SUB-COUNTY, KARAMOJA REGION, UGANDA

Summary to Key stakeholders

The Karamoja Region a home to about 1.147 million people, 80% of the total population is estimated to be living below the poverty line (UNDP, Human Development Report

Uganda, 2007) relative to the national average of 31% making this region the poorest part of Uganda yet it holds over 50 different economic minerals, including gold, silver, copper, iron, gemstones, limestone and marble. After decades of inter-clan and inter-tribal cattle rustling partly ushered in by a decade of disarmament, many Karimojong and non-Karimojong see a period of peace, at least in relative terms. However, this peace is fraught with another challenge, the increasing quest for land by internal and external actors. Many say it is “the peace” that has given ground to land conflicts1 . The recent disarmament process in Karamoja has significantly reduced gun possession, restored relative peace and spurred economic recovery in some parts of the sub-region2. The return to security has opened the door for many corporations to poke their noses into Uganda’s mineral-rich lands. Thenatives, politicians and opinion leaders in the area warn that serious conflict might emanate from the scramble for resources. Communities describe land disputes as widespread in Karamoja, with acquisition of land in the sub-region for the purpose ofestablishing game reserves or to commercially exploit minerals such as gold or uranium pitching residents against the UWA, local government and commercial investors3. Con-flicts are also prevalent between investors, title holders and the communities and in com-munal land between individuals, sometimes referred to as the elite (educated/prominent Karimojong) and the communities4.

Land and Extractive Mineral Sector in Karamoja The Karamoja region is believed to have Uganda’s largest deposits of valuable minerals such as gold and limestone and has the potential to become the “next frontier of mineral exploitation after oil in the Albertine region. According to January, 2014 statistics from the DGSM, 17,083.34sq.km (61.67%) of the 27,700 sq. km total land area of Karamoja region is licensed for mineral exploration and exploitation activities. The same data indicates that Moroto district has 26 compa-nies with 44 concessions (5LL, 3ML & 1SML) covering a total land area of 3772,43sq.km (Table 2). By comparison,

INTRODUCTION

regional data indicates that the total land area licensed for mineral exploration and exploitation activities is 61.67% of the total land area in Karamoja wherein 11.22% (1917.5sq. km) of this land area lies in Rupa Sub-county5 . There are currently 10 Mining companies with 22 mineral concessions (1 ML, 2 LL and 9 EL) in Rupa only (Table 1). However, the natives, politicians and opinion leaders in the area warn that serious con-flict might emanate from the scramble for resources. Local people say that it is not clear how investors come to invest, especially those who are clear-ing whole mountainsides or fencing large areas. There are companies from India and the Gulf, as well as contractors from other parts of Uganda.6

Patterns of NRM related Conflicts

Discussions with communities in Rupa revealed that they are confronted by different types of NRM related conflicts which are either inter or intra (micro–micro) or micro–macro levels but all relating to the spheres in which the community find themselves interacting with other groups, individuals, communities, state or corporate actors on issues related to land and mineral resources and these included:7

• Disputes over land and resource ownership, e.g. between investors,mining companies, lease holders and the communities and in communal land between individual elites or educated/prominent Karimojong and the communities

• Disputes over land boundaries between individuals or groups

• Conflicts between herders and cultivators (changing Karimojong economy-conflicts between pastoralist and agro-pastoralist approaches)• Disputes ignited by the speculation activities of commercial companies-

Mineral exploration.• Conflict between mining private companies and communal land resource users

With funding and support from the European Union's Instrument for Stability

The United NationsInteragency Framework Teamfor Preventive Action

EU – UN Partnership on Land, Natural Resources and Conflict Prevention

1Civil Peace Service Programme, ‘Assessment of land related conflicts and current interventions in Karamoja’, December 2013 2Saferworld, ‘Karamoja Conflict and Security Assessment’, September 2010 3Advisory Consortium on Conflict Sensitivity (ACCS), ‘Nothern Uganda Conflict Analysis’, September 2013 4Civil Peace Service Programme, ‘Assessment of land related conflicts and current interventions in Karamoja’, December 2013 5This was computed from the data provided by DGSM on Mineral Concession Holders as of 31st January 2014. 6Karamoja Action Research Team, Patta Scott-Villiers, “Eki and Etem in Karamoja: A study of decision-making in a post-conflict society”. 2013 7This is a generalized and summarized responses from all interviews conducted by the research team. They are further discussed in next section-Drivers of conflict related to Natural Resources Management

Table 2: Exploration and Mining License Holders in Moroto District as of January 31st, 2014

Type # Licence Holder Location Granting Date

ExpiryDate

Sheet # District Commodity /Mineral

Area/ Km2

Mineral rent per year (UGX)

EL 0319 Moroto Cement Industries (U) Limited

Kampala 5/6/08 5/5/15 27/1 Moroto Marble, Limestone 62.50 1,260,000

EL 0425 AVR Engineering & Infrastructure Limited

Kampala 2/20/09 2/19/14 36/1 Moroto Iron & Basemetals 10.00 200,000

EL 0426 AVR Engineering & Infrastructure Limited

Kampala 2/20/09 2/19/14 27/3 Moroto Gold & Basemetals 2.00 40,000

EL 0735 Great Lakes Cement Limited

Jinja 3/25/11 3/24/14 27/3. Moroto Limestone & Marble 11.00 220,000

EL 0751 Jinja Marble Products (U) Limited

Jinja 4/11/11 4/10/14 27/3. Moroto Marble 56.50 1,140,000

EL 0851 East African Mining Limited Kampala 9/22/11 9/21/14 27/1. Moroto Gold, PGEs and Base Metals

72.00 1,440,000

EL 0852 East African Mining Limited Kampala 9/22/11 9/21/14 27/1. Moroto Gold, PGEs and Base Metals

86.00 1,720,000

EL 0876 Pramukh Steel Limited Jinja 10/20/11 10/19/14 27/3. Moroto Limestone/Marbles 36.90 740,000

EL 0977 Kripto International Limited. Kampala 4/24/12 4/23/15 36/1 Moroto Gold, PGM, Uranium & Base Metals

10.00 200,000

EL 0978 Kripto International Limited. Kampala 4/24/12 4/23/15 27/3. Moroto Gold, PGM, Uranium & Base Metals

2.00 40,000

EL 0995 Ndovu Investments Ltd Jinja 7/3/12 7/2/15 36/2. Moroto Marble & Gypsum 7.00 140,000

EL 0996 Ndovu Investments Ltd Jinja 7/3/12 7/2/15 36/2&4. Moroto Marble & Gypsum 308.60 6,180,000

EL 1001 Jan Mangal (U) Ltd Kampala 7/20/12 7/19/15 27/3&4. Moroto Gold & Base Metals 74.20 1,500,000

EL 1016 Great Lakes Mining Ltd Kampala 8/10/12 8/9/15 18A/3. Moroto REE & Base Metals 55.00 1,100,000

EL 1071 Angaro Investment Company Ltd

Moroto 2/18/13 2/17/16 36/3 & 45/1

Moroto Gold and Base Metals

102.00 2,040,000

EL 1079 Blackstone Ichiban Ltd Kampala 2/5/13 2/4/16 36/1 - 4 Moroto Gold and Base Metals

411.00 8,220,000

EL 1080 Blackstone Ichiban Ltd Kampala 2/5/13 2/4/16 27/3,4, 36/1& 2

Moroto Gold and Base Metals

212.50 4,260,000

EL 1081 Rhino United Agencies Ltd Moroto 2/18/13 2/17/16 36/1 - 3 Moroto Gold and Base Metals

97.00 1,940,000

EL 1083 Infinity Minerals Ltd Kampala 2/11/13 2/10/16 27/3&4 Moroto Gold and Base Metals

437.00 8,740,000

EL 1090 Dao Africa Limited Kampala 2/20/13 2/19/16 27/1 Moroto Limestone and Marble

40.70 820,000

EL 1091 Emmanuel Kyoyeta Makaga Kampala 2/20/13 2/19/16 27/3 Moroto Gold, Base Metals, Limestone and

Marble

40.00 800,000

EL 1100 Earth Cement (U) Limited Kampala 2/22/13 2/21/16 27/3 Moroto Limestone 50.00 1,000,000

EL 1101 Earth Cement (U) Limited Kampala 2/22/13 2/21/16 36/2 Moroto Limestone 51.00 1,020,000

EL 1115 Infinity Minerals Ltd Kampala 3/22/13 3/21/16 26/2&18/4

Moroto & Kaabong

Gold and Base Metals

480.00 9,600,000

EL 1126 MCB Resources Limited Kampala 4/9/13 4/8/16 27/1 Moroto Gold and Base Metals

19.84 400,000

EL 1157 Clear Water Mining Limited Kampala 5/28/13 5/27/16 26/1&3 Moroto Gold and Base Metals

272.00 5,440,000

EL 1161 Clear Water Mining Limited Kampala 5/30/13 5/29/16 27/1 Moroto Gold and Base Metals

131.24 2,640,000

EL 1164 Sikander Meghani Kampala 6/4/13 6/3/16 27/3 Moroto Gold and Base Metals

2.00 40,000

EL 1165 Dao Marble Limited Kampala 6/13/13 6/12/16 27/3 Moroto Limestone, Chromite, Gold & PGMs

124.23 2,500,000

EL 1172 Clear Water Mining Limited Kampala 7/4/13 7/3/16 26/1&2 Moroto Gold, Base Metal 224.00 4,480,000

EL 1175 Kiboko Cement Industries Limited

Kampala 7/5/13 7/4/16 27/1&2 Moroto Limestone, Marble 41.44 840,000

EL 1206 Aljouda Mining Company Limited

Kampala 10/14/13 10/13/16 27/3 Moroto Limestone, Gold & Base Metals

13.64 280,000



15.00 320,000

EL 1239 Clear Water Mining Limited Kampala 11/18/13 11/17/16 36/1 Moroto Gold and Base Metals

7.00 140,000

LL 1171 Jinja Marble Products (U) Limited

Jinja 6/24/13 6/23/15 27/3 Moroto Marble 0.16 250,000

LL 1210 Sikander Meghani Kampala 10/17/13 10/16/15 27/3 Moroto Gold 0.11 250,000


2

LL 1260 Lokwang Peter Moroto 12/10/13 12/9/15 27/3 Moroto Limestone and Marble

0.08 250,000

LL 1261 Lokwang Peter Moroto 12/10/13 12/9/15 27/3 Moroto Limestone and Marble

0.08 250,000

ML 0593 Tororo Cement Limited Tororo 4/16/10 4/15/31 36/2 Moroto Limestone 49.77 99,540,000

ML 1129 Jan Mangal (U) Ltd Kampala 4/18/13 4/17/34 27/3&4 Moroto Gold 74.20 148,400,000

ML 1230 Moroto Cement Industries (U) Limited

1/17/14 1/16/17 27/1 Moroto Marble, Limestone 62.57 125,160,000

SML 4622 Tororo Cement Limited Tororo 12/20/02 12/19/23 36/2 Moroto Limestone 20.01 40,020,000

Source: Ministry of Energy and Mineral Development, MEMD), Department of Geological Survey and Mines, DGSM), January, 2014

To obtain a copy of the full published report, pleasecontact:

Ecological Christian Organization (ECO)Plot 2140, Old Kira road, P.O. Box 34485, Kampala-UgandaTel: 0464-660273 / 0414-535212, Email: [email protected]: www.ecouganda.org

A Land and minerals were reported by the as the key drivers of conflict in Rupa. The conflicts are common between the investors and communi-ties where mining and prospecting are taking place sometimes driven by speculation and rumours over unclear land acquisition by the investors and how politicians made a kill in the mining or prospecting deals, unfulfilled promises by investors in terms of royalties and compensation, investors ignoring of surface rights regarding communal land, royalties and utilising wrong channels of communities to enter communities to do a start-up of their activities.

A The sale and lease of communal land to private investors in Rupa is also on the rise, and increasingly fuelling conflicts amongst community members and between communities and local government officials and investors.

A Land and boundary disputes/ contested boundaries between communities and between mining companies holding different concessions due unclear demarcation of the areas of jurisdiction for their activities.

A There exists conflict between the communities and government and their agencies like Uganda Wildlife Authority and National Forestry Au-thority in some areas citing Lotithan and Kobebe cases.

Mineral related conflicts

A Rupa sub-county boasts large deposits of valuable stones and minerals like gold, limestone, copper, tantalum, tin and phosphate.

While most of these valuable minerals remain underexploited, the potential wealth derived from extracting minerals has already sparked

tensions.

A Community members reported insufficient consultation and participation of local communities in the process of exploration and exploitation of resources found in their land is creating resentment and driving conflicts across the area.

A There conflicts between small scale miners themselves-driven mainly by jealous and need for access to perceived areas of better mining

results, sharing of proceeds, alcoholism and other causes. Small scale miners and the investors (mining companies or mining licence

holders) which are driven by need for control of the mining activities, land, unclear terms of operation, the perception that investors came to know of the minerals before the local people and what underlies it as one FGD a respondent noted with concern.

A Prices of gold whereby a few monopolies/buyers over bargain the price of gold to meet their interest thus exploiting the local miners.

A Attributed these conflicts to have been mainly the responsibility of governments, local leaders, Uganda Wild Life Authority, Forestry

department for their failure to come out clear and engage in discussions with the local people about issues of demarcation, gazett-

ing, degazzeting, access and compensation, concessions, royalties and other information related to land and mineral issues.

A The local government insists that sometimes they are blamed with no clear basis and attributes some conflicts to the general lack of

public awareness about the exact location and abundance of valuable resources leading to speculation and rumours, while private investors’ exploration activities, though often well within the bounds of

the law, are perceived with suspicion by local communities and lead to conflicts.

A The increasing population in the mining sites and people struggling for mining holes, the exploitation of minerals and land use was reported to be a major cause of conflict in this area.

A Reports of licences being awarded to companies away from public scrutiny and of companies operating fraudulently with expired exploration licences and failing to comply with their obligations towards the local community are fuelling resentment.

A Lack of transparency and public information about such transactions, fuels anger amongst communities. Unclear property

rights and restricted communication as well as lack of representa-tion, consideration and protection for traditional resource users (e.g.

pastoralists and smallscale and artisanal miners), are common cause of conflict.

A Communities expressed high expectations that mining companies would create jobs and invest in community development, though

often the opposite has been the case, with the authorities and private investors expelling goldsmiths from the mines, a crucial source of

livelihoods for local communities.

A Some general causes of conflict included rustling; arms trafficking, background of colonisation that involved sharing border lands with Kenya and South Sudan; tax and royalty revenues issues and, poverty.

Critical Issues in NRM Conflict Mitigation and Management

Assessment of the dynamics of conflicts related to land and natural resources in Rupa Sub-county elicits a number of critical needs and issues. These primarily relate to: (i) the interface between UWA, NFA and local community over access to land, minerals and other natural resources; (ii) capacity of the actors to deal especially with the emerging mineral related conflicts; (iii) core governance issues including those related to transparency, accountability and benefit sharing; (iv) Traditional Natural Resources Management Structures like the Etem/Ekokwa (men’s gathering/ meeting/ tree of men) and Akiriket (Sacred Assembly) need to be supported, (v) popularisation of Land and Mineral policies; (vi) consultation and participation of local communities in the process of exploration and exploitation of resources; (vii) Effective Information Flows and Communication Channels; (viii) Security of Land Tenure and; (ix) Co-existence of Artisanal and Small-scale Miners (ASM) and Medium and Large Scale Mining. Responsiveness to these issues will likely determine whether Karamoja’s land and mineral endowments can be used as a platform for peace, stability and development while inaction poses the risk of further undermining the mitigation and response mechanisms directed towards prevention of land and mineral resources from contributing to violent conflict in Rupa and the entire Karamoja.

RECOMMENDATIONS:

A There is need for widespread sensitization on mining and land legisla-tion, as well as the peculiarities of the minerals sector, would help mitigate such risks, indicating a critical role for local government.

A There is need to strengthen the capacity of actors especially to deal with the emerging mineral related conflicts. The need for harmonized and

well coordinated NRM conflict-resolution approaches and tools should be created. There is also need to support efforts directed toward strengthening the statutory land administration and increases knowledge access of the land and mineral laws to the NGOs CBOs, district technical staff and local people.

A There is need to reconcile and harmonize the mining and land legisla-tions as they apply within the context of Karamoja is urgently needed as is local capacity to engage in reform processes.

A In cases where exploration companies are active, geologists must (for their own security) necessarily engage and sensitize land owners as they enter areas (e.g. for sample collection), typically through government channels (LCIII or LCI Chairpersons) and to a lesser extent clan chiefs and elders.

A There is need for increased collaboration between civil society and other actors like Local and Central government in addressing the conflict issues in Karamoja. This should avail communities with necessary infor-mation from all actors so as to safeguard them from the negative effects of development.

A Traditional systems like the Etem and Akiririkit need to be supported

There is need to support or contribute to formalization and improvements to ASM including building functioning effective local and regional ASM associations.

A Building upon and Coordinating with Existing Initiatives and other partners. A significant number of initiatives related to peace and security, land, mining, livelihoods, environmental protection and community health, among other critical issues.

Table 1: Exploration and Mining License Holders in Rupa Sub-county as of January 31st, 2014

• Conflicts among the small scale miners themselves-driven mainly by jealous and need for access to perceived areas of better mining results, sharing of proceeds, alcoholism and other causes. Small scale miners and the investors8 which are driven by need for control of the mining activities, land, unclear terms of operation, the perception that investors came to know of the minerals before the local people.

• Boundary disputes over access to resources

• Contradictory natural resource needs and values, e.g. between wildlife habitat protection and local livelihood security/UWA-gazetted reserve and reduction in access to grazing land and farming opportunities (Land conflicts are evident in areas gazetted as reserves by the Uganda Wildlife Authority-UWA)

Type Number

Licence holder Location Granting date

Expirydate

Sheet number

District Commodity / mineral Area/km2

mineral rent per year

(ugx) EL 0803 Gold Hunters Limited Kampala 7/25/11 7/24/14 18/3&4. Kaabong Gold and Base Metals 48.00 960,000

EL 0804 Gold Hunters Limited Kampala 7/25/11 7/24/14 26/2 & 27/1. Kaabong Gold and Base Metals 54.00 1,080,000



EL 0807 Gold Hunters Limited Kampala 7/25/11 7/24/14 18/3&4. Kaabong Gold and Base Metals 48.00 960,000


EL 0809 Gold Hunters Limited Kampala 7/25/11 7/24/14 26/2. Kaabong Gold and Base Metals 54.00 1,080,000


EL 0851 East African Mining Limited

Kampala 9/22/11 9/21/14 27/1. Moroto Gold, PGEs and Base Metals

72.00 1,440,000

EL 0852 East African Mining Limited

Kampala 9/22/11 9/21/14 27/1. Moroto Gold, PGEs and Base Metals

86.00 1,720,000

EL 0876 Pramukh Steel Limited Jinja 10/20/11 10/19/14 27/3. Moroto Limestone/Marbles 36.90 740,000

EL 1001 Jan Mangal (U) Ltd Kampala 7/20/12 7/19/15 27/3&4. Moroto Gold & Base Metals 74.20 1,500,000

EL 1016 Great Lakes Mining Ltd

Kampala 8/10/12 8/9/15 18A/3. Moroto REE & Base Metals 55.00 1,100,000

EL 1083 Infinity Minerals Ltd Kampala 2/11/13 2/10/16 27/3&4 Moroto Gold and Base Metals 437.00 8,740,000

EL 1090 Dao Africa Limited Kampala 2/20/13 2/19/16 27/1 Moroto Limestone and Marble 40.70 820,000

EL 1115 Infinity Minerals Ltd Kampala 3/22/13 3/21/16 26/2&18/4 Moroto & Kaabong

Gold and Base Metals 480.00 9,600,000

EL 1164 Sikander Meghani Kampala 6/4/13 6/3/16 27/3 Moroto Gold and Base Metals 2.00 40,000

EL 1165 Dao Marble Limited Kampala 6/13/13 6/12/16 27/3 Moroto Limestone, Chromite, Gold & PGMs

124.23 2,500,000



15.00 320,000

LL 1171 Jinja Marble Products (U) Limited

Jinja 6/24/13 6/23/15 27/3 Moroto Marble 0.16 250,000


ML 1129 Jan Mangal (U) Ltd Kampala 4/18/13 4/17/34 27/3&4 Moroto Gold 74.20 148,400,000

Drivers of conflict related to Natural Resources Management in Rupa:

8Investors imply mining companies and individuals who are either mining or prospecting

Land related conflicts

Info- sheet. 2014

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