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REPORTTOEU-UN
  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda
THE DYNAMICS OF CONFLICTS RELATED TO
LAND AND NATURAL RESOURCES IN RUPA
SUB-COUNTY, KARAMOJA REGION, UGANDA
With funding and support
from the European Union's
Instrument for Stability
The United Nations
Interagency Framework
Team for Preventive Action
EU – UN Partnership on Land, Natural Resources and Conflict Prevention
Charles Kabiswa
Isaac Kabongo
Tom Balemesa
Sylvia Atugonza
Dr. Arthur Bainomugisha
Ecological Christian Organisation
March 2014
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  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda
Source: Ministry of Energy and Mineral Development, MEMD), Department of Geological Survey and Mines, DGSM),
December,  2013
About ECO
Ecological Christian Organization (ECO) is a Ugandan non-governmental organization (NGO) working to improve the
quality of life and sustainable livelihoods of the poor and vulnerable groups in Uganda while building a sustainable
future. ECO supports grassroots community through natural resources governance, climate change and livelihood,
Ecosystems Management and Restoration. www.ecouganda.org
About the Associate Partners:
RIAMRIAM is an umbrella of CSOs operating in Karamoja mandated to coordinate, facilitate, build capacity of
organizations, and provide a common platform through which CSOs can advocate for peace, human rights, gender
equality and economic development. www.riamriamcsn.org
Advocates Coalition for Development and Environment (ACODE) is an independent public policy research and
advocacy think tank registered in Uganda with operations in the Eastern and Southern Africa sub region. Over the
last decade, ACODE has established itself as one of the leading public policy think tanks in Africa. Through research,
advocacy, representation, its convening power and expertise, ACODE has become the premier organisation that
facilitates policy dialogue and debate on emerging and cutting edge public policy issues. www.acode-u.org
Authorship
This Report was prepared by the ECO, Riamiriam and ACODE Team comprised of: Isaac Kabongo, Charles Kabiswa,
Sylvia Atugonza, Tom Balemesa, Roselyn Karatsi and Dr. Arthur Bainomugisha.
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  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda
Table of Contents
EXECUTIVE  SUMMARY                          5
1.  INTRODUCTION                           11
Objectives                                13
Contextual  Factors:  Geography,  Demography,  NRM  and  Conflict  in  Karamoja  Region   13
Land  and  Extractive  Mineral  Sector  in  Karamoja:  An  Overview            14
2.  METHODOLOGY                           19
3.  Natural  Resource  Management  and  Conflict  in  Rupa              22
3.1  Natural  Resources  Prioritization                     22
3.2   Land  and  Mineral  Exploitation                     23
3.3       Patterns  of  NRM  related  Conflicts                  24
3.4   Drivers  of  conflict  related  to  Natural  Resources  Management         26
3.4.1  Land  related  conflicts                     26
   3.4.2  Mineral  related  conflicts                     29
4.  Key  actors,  institutions  and  structures  in  NRM  and  Conflict            36
4.1  Introduction                             36
4.2   Regional  and  International  Mechanisms  on  NRM  and  Conflict         39
4.2.1  The  East  African  Community                  39
   4.2.2  The  Inter-Governmental  Authority  for  Development           40
   4.2.3  The  Lokiriama  Peace  Accord                  41
   4.2.4  The  International  Conference  of  the  Great  Lakes  Region  (IC/GLR)      41
   4.2.5  The  Ngurdoto-Tanzania  Agreement  in  2007            42
   4.2.6  Nairobi  Protocol  of  April  21,  2004  and  Eastern  Africa  Police  Chiefs  
                               Cooperation  Organisation  (EAPCCO)  protocol            43
4.3  National  Mechanisms  on  NRM  and  Conflict                 44
4.4   Government  Policies  on  Natural  Resource  Management           44
4.4.1  The  Constitution  of  Uganda  1995                  44
   4.4.2  The  Mineral  Policy                       46
   4.4.3  The  National  Policy  on  Oil  and  Gas  2008               47
   4.4.4  The  National  Land  Policy  2013                  47
   4.4.5  Wildlife  policy  of  1999                     48
4.5   Traditional  Natural  Resources  Management  Structures            49
4.6   Role  of  CSOs  and  their  level  of  engagement               52
Text
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  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda
4.7    Capacity  of  other  Actors,  institutions  and  structures  in  NRM  related  
        conflicts  in  Rupa  Subcounty                       54
5.  Critical  Issues  in  NRM  Conflict  Mitigation  and  Management             56
5.1.The  interface  between  UWA,  NFA  and  local  community  over  access  to  
land  and  minerals  resources                          57
5.2  Capacity  of  the  actors  to  deal  especially  with  the  emerging  mineral  related  conflicts    58
5.3  Access  to  land  and  mineral  Resources-  Land  Usage  and  Surface  Rights        58
5.4  Co-existence  of  Artisanal  and  Small-scale  Miners  (ASM)  and  Medium  
and  Large  Scale  Mining                                      59
5.  5.  Security  of  Land  Tenure                          60
5.6.  Improved  Information  Flows  and  Communication  channels              63
5.7.  Inadequate  Community  Consultation  and  participation  in  decision  making        64
6.  RECOMMENDATIONS                          66
Table  1:  Exploration  and  Mining  License  Holders  in  Rupa  Sub-county  as  
of  January  31st,  2014                           24
Annex  One:  Exploration  and  Mining  License  Holders  in  Moroto  District  
as  of  January  31st,  2014                          71
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W
ith support from EU-UN, the Ecological Christian
Organization (ECO) in partnership with Riamiriam
and ACODE has conducted an Assessment   of   the  
dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa  
Sub-county,  Karamoja  Region.  This study intended to assess the
current situation, challenges and possible solutions regarding actual
and potential conflicts related to land and mining activities in Rupa
Sub-county. The environment of Karamoja offers a number of natural
resources upon which communities depend for daily functional,
economic  and  social  purposes.  The  region,  a  home  to  about  1.147  
million  people,  it  is  estimated  that  80%  of  the  total  population  is  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.
EXECUTIVE
SUMMARY
5
Overview
B
usoga Kingdom is composed of seven politically organised
districts that include; Kamuli, Jinja, Iganga, Bugiri, Mayuge,
Kaliro, Namutumba and the recently proposed Luuka district.
The Kingdom lies under the African tropical region bordering with
Lake Victoria shoreline in the South, River Nile in the West, Lake
Kyoga in the North and River Mpologoma in the East, located in the
Republic of Uganda, East Africa.
Her inhabitants are known as Basoga and their history is largely a
matter of speculation. However, there are a few facts that emerge
from the historical shadows of the past related to the neighbouring
tribes, the Baganda located in the West, South and Banyoro in the
Northwest direction from Busoga
Busoga is a land of peace-loving people who traditionally live
in small homesteads. The Basoga (people) subscribe to large
communities with similar traditional norms, culture and origin.
Their large families or communities are classified as clans and
so long as they shared common traditional norms, their sense of
freedom would be complete. With these values, the Basoga will
live in harmony with each other and to-date they continue to
extend such hospitality to their visitors.
“The Basoga (people)
subscribe to large
communities with similar
traditional norms”
View of the mighty Nile River which is the Kingdom’s lifeline
Contiued Next Page
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However,   this   peace   is   fraught   with  
another challenge, the increasing quest for
land by internal and external actors. Tensions
over control and benefit of resources tied
to land and minerals are tangible in many
communities throughout Karamoja Region.
Communities describe land disputes as
widespread in Karamoja, with acquisition
of land in the sub-region for the purpose of
establishing game reserves or to commer-
cially exploit minerals such as gold or
uranium pitching residents against the UWA,
local government and commercial investors.
Conflicts are also prevalent between
investors, titleholders and the communities
and in communal land between individuals,
sometimes referred to as the elite (educated/
prominent Karimojong) and the communities.
To better understand the status and
implications of conflicts related to land
and extractive mineral resources in Rupa
Sub-county, Karamoja Region, European
Union (EU) and United Nations (UN) funded
ECO to undertake a Natural Resource
Conflicts assessment in Rupa. It is
within this EU-UN Partnership on Land,
Natural Resources and Conflict that this
assessment was conducted to provide
insight into possible mitigation and response
mechanisms that could in turn improve
prevention of land and natural resources
from contributing to violent conflict in the
Region.
Land and Extractive Mineral
Sector in Karamoja
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  
companies  with  44  concessions  (35EL,  5LL,  
3ML  &  1SML)  covering  a  total  land  area  of  
3772,43sq.km.  By  comparison,  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-county. There
are  currently  10  Mining  companies  with  22  
mineral   concessions   (1   ML,   2   LL   and   19  
EL) in Rupa only. Local people say that it
is not clear how investors come to invest,
especially those who are clearing whole
mountainsides or fencing large areas. There
are companies from India and the Gulf,
as well as contractors from other parts of
Uganda.
Patterns of NRM related Conflicts
Communities in Rupa and Karamoja in
general 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
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with other groups, individuals, communi-
ties, state or corporate actors on issues
related to land and mineral resources and
these included: 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 Karimo-
jong 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; 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
investors1 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 and; Contradictory
natural resource needs and values, e.g.
between wildlife habitat protection and
local livelihood security/UWA gazette 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)
Drivers of Land related conflicts
Land and minerals were reported by the
respondents, as the key drivers of conflict
in Rupa. Conflicts are common between the
investors and communities 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.
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; Land and boundary disputes/
contested boundaries between communi-
ties and between mining companies holding
different concessions due unclear
demarcation of the areas of jurisdiction for
their activities; There exists conflict between
the communities and government and the
agencies like Uganda Wildlife Authority and
1
Investors imply mining companies and individuals who are either mining or prospecting
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National Forestry Authority in some areas
citing Lotithan and Kobebe cases.
Drivers of Mineral related conflicts
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.
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; 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
license 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; Prices of gold whereby
a few monopolies/buyers over bargain the
price of gold to meet their interest thus
exploiting the local miners; 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,
gazetting, degazzeting, access and
compensation, concessions, royalties
and other information related to land and
mineral issues; 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 commu-
nities and lead to conflicts; 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; Reports of
licenses being awarded to companies away
from public scrutiny and of companies
operating fraudulently with expired
exploration licenses and failing to
comply with their obligations towards the
local community are fuelling resentment;
Lack of transparency and public informa-
tion about such transactions, fuels anger
amongst communities. Unclear property
rights and restricted communication as well
as lack of representation, consideration and
protection for traditional resource users (e.g.
pastoralists and small-scale and artisanal
miners), are common cause of conflict;
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Communities expressed high expec-
tations that mining companies would
create jobs and invest in community
development, though often the opposite has
beenthecase,withtheauthoritiesandprivate
investors expelling goldsmiths from the
mines, a crucial source of livelihoods for
local communities and; 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
relateto:(i)theinterfacebetweenUWA,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/ meet-
ing/ tree of men) and Akiriket (Sacred
Assembly) need to be supported,
(v) popularisation of Land and Mineral
policies; (vi) consultation and participa-
tion 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:
There is need for widespread sensitiza-
tion on mining and land legislation, as well
as the peculiarities of the minerals sector,
would help mitigate such risks, indicating a
critical role for local government.
There is need to strengthen the
capacity of actors especially to deal with the
emerging mineral related conflicts. There is
need for harmonized and well coordinated
NRM conflict-resolution approaches and
tools should be created. There is also need
to support efforts directed toward strength-
ening the statutory land administration and
increases knowledge access of the land and
mineral laws to the NGOs CBOs, district
technical staff and local people.
There is need to reconcile and
harmonize the mining and land legislations
as they apply within the context of Karamoja
is urgently needed as is local capacity to
engage in reform processes.
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In cases where exploration companies
are active, geologists must (for their own
security) necessarily engage and sensi-
tize land owners as they enter areas (e.g.
for sample collection), typically through
government channels (LCIII or LCI Chairper-
sons) and to a lesser extent clan chiefs and
elders.
There is need for increased
collaboration between civil society and other
actors like Local and Central govern-
ment in addressing the conflict issues in
Karamoja. This should avail communities
with necessary information from all actors
so as to safeguard them from the negative
effects of development.
Blending of traditional and modern
approaches. 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.
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.
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T
he Karamoja region is one of the most
impoverished regions in Uganda yet it holds
considerable potential for gold, gemstones,
limestone, marble and other minerals. The environ-
ment of Karamoja offers a number of natural resources
upon which communities depend for daily functional,
economic and social purposes. The Karamoja
sub-region comprises the districts of Moroto,
Kotido, Kaabong, Nakapiripirit, Amudat, Abim and
Napak, The sub-region has suffered perennial conflicts
underpinned by a high level of insecurity, cattle
raiding and inter-ethnic violence. The security
challenges in Karamoja relate to the negative impact
of harsh climatic conditions on livelihoods, porous
borders with South Sudan and Kenya, easy access
to small arms within the population, cattle raiding
and prolonged political and economic marginalisa-
tion. 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. Karamoja continues to be
plagued by insecurity and intra-Karimojong tensions, all
of which tend to mask the underlying and less well
known processes of mineral exploration, land grabbing
INTRODUCTION
5
Overview
B
usoga Kingdom is composed of seven politically organised
districts that include; Kamuli, Jinja, Iganga, Bugiri, Mayuge,
Kaliro, Namutumba and the recently proposed Luuka district.
The Kingdom lies under the African tropical region bordering with
Lake Victoria shoreline in the South, River Nile in the West, Lake
Kyoga in the North and River Mpologoma in the East, located in the
Republic of Uganda, East Africa.
Her inhabitants are known as Basoga and their history is largely a
matter of speculation. However, there are a few facts that emerge
from the historical shadows of the past related to the neighbouring
tribes, the Baganda located in the West, South and Banyoro in the
Northwest direction from Busoga
Busoga is a land of peace-loving people who traditionally live
in small homesteads. The Basoga (people) subscribe to large
communities with similar traditional norms, culture and origin.
Their large families or communities are classified as clans and
so long as they shared common traditional norms, their sense of
freedom would be complete. With these values, the Basoga will
live in harmony with each other and to-date they continue to
extend such hospitality to their visitors.
“The Basoga (people)
subscribe to large
communities with similar
traditional norms”
View of the mighty Nile River which is the Kingdom’s lifeline
Contiued Next Page
2
Saferworld, ‘Karamoja Conflict and Security Assessment’, September 2010
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and land gazetting, as well as government-
driven decentralisation processes which
intensify conflicts between pastoralist and
agro- pastoralist groups and livelihoods.
Community land disputes are widely spread
in Karamoja, with continuous acquisition
of land in the sub-region for the purpose of
establishing game reserves or to
commercially exploit minerals such as gold
or uranium, some residentsturn against the
UWA, local government and commercial
investors.   According   to   January   2014  
statistics   from   the   DGSM,   currently   51  
foreign   and   Ugandan   companies   with   136  
concessions,
are actively exploring for large mineral
deposits throughout the region while
estimates also indicate that more than
20,000   Karamajong   women   and   men   are  
permanently or seasonally engaged in
artisanal and small scale mining (ASM)
using crude, hazardous methods as a means
of   day-to-day   survival   (ECO,   2011).   Given  
these tensions, a solid understanding of the
current situation of NRM related conflicts is
critically needed.
The assessment gathered information in
Rupa sub-county on mining licenses, the
areas covered by these licenses, verify
the level of access to that information by
concerned local authorities and communi-
ties; the types of land and natural resources
related conflicts and their drivers. The key
actors, institutions and structures in
NRM and Conflict including regional and
international mechanisms on NRM and
Conflict, the government policies on NRM
have been analysed. The study explores
the role of Traditional Natural Resources
Management Structures and the role of CSO
and their level of engagement including
assessing their capacity, institutions
and structures in mitigating and manag-
ing NRM related conflicts. As work of this
nature has not been conducted in
Rupa-Moroto, the findings of the survey
provides an insight into possible mitigation
and response mechanisms that could in turn
fill a critical gap and improve prevention of
land and natural resources from contributing
to violent conflict not only in Rupa but in the
entire Moroto and the region.
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Objectives
The primary aim of the Study was to
assess the current situation, challenges and
possible solutions regarding actual and
potential conflicts related to land and
mining activities in Rupa Sub-county,
Karamoja. By examining the nexus of
mining, land use and management and
conflict, the findings will inform the
subsequent implementation of the project
interventions and will help to formulate
integrated strategies for addressing them
NRM related conflict. Specific objectives of
the Baseline Study:
1. Determine the occurrence and distribution
of different mineral commodities and mining
activities (exploration, artisanal, small and
large scale mining) across Rupa Sub-county
2.  To identify the key NRM conflict drivers in
Rupa Sub-county, Moroto District
3. Outline the Mineral Policy and related
legislation, institutional roles and responsibili-
ties and their interface with land policy, with
consideration of their joint and individual
applicability given the unique context of
Karamoja.
4. Understand the current and potential role
of key stakeholders, including local govern-
ment and central institutions with respect to
addressing NRM related conflict.
5. To make targeted policy and
programmatic recommendations to improve
responses to the identified NRM conflict
drivers and inform conflict-sensitive program-
ming by actors
operating in Karamoja
Contextual Factors: Geography,
Demography, NRM and Conflict in
Karamoja Region
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. For many decades, conflict
and armed violence have undermined
development in the region, resulting
in some of the lowest poverty, human
development and service delivery indica-
tors   for   Uganda   (Saferworld,   2010,   p.6).  
About  7,506  families  with  a  total  population  
of  34,800  people  live  in  Rupa  mineral  rich  
sub-county in Moroto district.
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 con-
flicts3. The recent disarmament process in
Karamoja has significantly reduced gun
possession, restored relative peace and
3Civil Peace Service Programme, ‘Assessment of land related
conflicts and current interventions in Karamoja’, December 2013
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spurredeconomicrecoveryinsomepartsofthe
sub-region4. The return to security has
opened the door for many corporations to
poke their noses into Uganda’s mineral-rich
lands. Karamoja continues to be plagued by
insecurity and intra-Karimojong tensions,
all of which tend to mask the underlying
and less well known processes of mineral
exploration, land grabbing and land
gazetting, as well as government-driven
decentralisation processes which intensify
conflicts between pastoralist and agro-
pastoralist groups and livelihoods. Acute
poverty, poor service delivery, crumbling
infrastructure and perceived marginalisa-
tion are also described as driving conflict
in the sub-region and not having been
effectivelyaddressedbycurrentdevelopment
interventions. The natives, politicians
and opinion leaders in the area warn that
serious conflict might emanate from the
scramble for resources. From the shabby
outposts of Rupa, Bobong, Nakilipa in
Moroto district, to Rata in Amudat district
and Moruita in Nakapiripirit, gold lies in
every tiny pocket of Karamoja, a
region, ironically, enveloped in poverty5.
Communities describe land disputes as
widespread in Karamoja, with acquisition
of land in the sub-region for the purpose of
establishing game reserves or to
commercially exploit minerals such as gold
or uranium pitching residents against the
UWA, local government and commercial
investors6. Land conflicts are evident
in areas gazetted as reserves by the
UgandaWildlifeAuthority(UWA)anddistrict
border areas resulting from the creation of
new Districts and the quest for resources
and fertile land. Conflicts are also prevalent
in mineral-rich areas, between investors,
title holders and the communities and
in communal land between individuals,
sometimes referred to as the elite
(educated/prominent Karimojong) and the
communities7
Land and Extractive Mineral
Sector in Karamoja: An Overview
Approximately  61.67%  of  the  land  area  in  
Karamoja is Exclusive Mineral Exploration
Licenses, Location Licenses and mining
licenses however the status of mining,
extent of concessions, nature and nature or
volume of mineral deposits is not known at
district level; Community knowledge has
remained very law if at it exists in some
areas on mineral rights, land rights,
legal issues, environmental issues and
advocacy engagements, with investors and
leaders at all levels; Investors and Private
Companies  estimated  to  be  over  40  com-
panies are taking advantage of the
community’s ignorance, poverty and
4Saferworld, ‘Karamoja Conflict and Security Assessment’, September 2010
5See Mutaizibwa, ‘Secret gold mining sparks conflict fears in Karamoja’, The Observer, 27 MAY 2012
http://www.observer.ug/index.php?option=com_content&task=view&id=18957&Itemid=114
6Advisory Consortium on Conflict Sensitivity (ACCS), ‘Nothern Uganda Conflict Analysis’, September 2013
7Civil Peace Service Programme, ‘Assessment of land related conflicts and current interventions in Karamoja’, December 2013
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illiteracy to confuse communities with partial
or incomplete information to stealthily acquire
land in the region; there is no community
involvement and consultation over land
acquisition or for exploration set by law and
where it exists obligatory compensation
or royalties to land owners as mandated
by law are unpaid due to lack of proof of
customary ownership. There is lack evidence
of land ownership, the basis of claim and
negotiations for the communities with the
companies for acquisition or compensation
for rights over land is not in place; the intent
of government is questioned by communi-
ties and the suspicion of selling off the entire
mineralwealthoftheKaramojaisalso existent in
the minds of the community and it is merely
consideredtobelandgrabbing,albeitsanction
by either government or those in government;
Exploration and mining is based on
information from private companies
applying for licenses and not understood and
appreciated by the local leaders and
community who view it as a ploy to grab
their land; Local leaders are accusing
government of conniving with mining
companies to grab land of the Karamojong.
These individuals connive with district
officials to stealthily survey land (sometimes
at night), facilitated by concealable hi-tech
handheld digital survey equipment. These
transactions are done in utmost secrecy, and
quickly   concluded.   Rugadya,   et   (2010:   42)  
claimed that Karamojong elites and political
leaders, who had access to information about
degazettement of PUWR, opted not to share
it or publicize it, and instead, used it for
political mileage and self aggrandizement,
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securing for themselves hectares of land and
personal interests in entities investing in
either tourism, mining or commercial
agriculture ventures in Karamoja.
Ultimately, responsiveness to these
critical issues will partly determine whether
Karamoja’s mineral endowments can be used
as a platform for stability, wealth creation
and development while inaction poses the
risk of further undermining environmental
integrity, human wellbeing, tenuous peace
and security and the invaluable cultural
assets  that  are  unique  to  the  region.  The  1995  
Constitution   of   Uganda   (article   237)   vests  
protected areas in government, which holds
them in trust for the people of Uganda. Under
section  44(1)  of  the  Land  Act,  government  
is obliged to protect and conserve natural
resources for the common good of the
people of Uganda. The dominant social
classes mainly target communal lands. They
use their positions and power, because of
the access to information on investment
opportunities, to acquire land likely to
be of interest to investors, which they
alienate from the customary domain by
titling   it.   Although   the   1995   constitution  
places all minerals under the custody of the
government,  the  2003  Mining  Act  prescribes  
that “revenue shall be shared amongst the
central government, the local government
and the lawful occupants of the land”
(section   98.2)   and   that   districts   are  
responsible for receiving and forwarding
applications for various mineral rights,
arbitrating compensation, resolution of
disputes and granting of licenses. While
most of these valuable minerals remain
underexploited, the potential wealth derived
from extracting minerals has already sparked
tensions in mineral-rich communities in
Karamoja; one of these communities is
Rupa Sub-county, the location target for this
project.
So far Government has awarded over
seven mining licenses to international and
local companies in Moroto district. These
include Tororo Cement, African Minerals, India
Marble, Jay Magal Gold Mining Company,
and Dao among others. Tensions over
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control and benefit of resources tied to land
are tangible in Moroto especially in Rupa
Sub-county.  For  example,  in  June  2012  two  
investors were attacked by a mob as they
attempted to off-load equipment for gold
mining in Rupa sub-county, Moroto district
(Karamoja sub-region)9. Communities that
have lived in these villages and grazed their
livestock on fields for centuries are routinely
displaced to make room for gold and copper
mines with little benefit from its extraction.
Allegations are emerging that compradors
working on behalf of powerful individuals
are running an opaque gold mining industry.
Exploiting the internecine conflict
pitting clans against one another, powerful
individuals are said to be carting off vast
amounts of gold and other minerals10. The
licensing of mineral exploration without
adequate community involvement will
continue to drive conflict in many parts
of the region and escalate as more
mineral sites are identified and licensed for
exploitation. District land Boards are also
culprits over leasing large pieces of land in
what apparently appears to be a form of
land grabbing trend. In Rupa sub-county,
Moroto District, a Christian NGO called the
‘Ministry of Prayers Praise’ had been issued
a  lease  for  10,000  acres  of  land  to  construct  a  
University called ‘Karamoja University’. This
raised eye-brows because the area claimed
is rich in minerals, and elders have demanded
that the district relocates the proposed
university project elsewhere, ‘We are
supporting the idea of Karamoja
getting a university but we want it to be
relocated from where the minerals are
because it’s occupying a large part of land
where we could do mining’11.
In  2009  the  government  concluded  a  World  
Bank-funded airborne geophysical study of
over   80   percent   of   the   country’s   landmass  
9See Ariong, Steven, ‘Investors barred from putting up gold mining plant’, Daily Monitor, 30 June 2012.
10See Mutaizibwa, ‘Secret gold mining sparks conflict fears in Karamoja’, The Observer, 27 MAY 2012
http://www.observer.ug/index.php?option=com_content&task=view&id=18957&Itemid=114
11See Steven Ariong, ‘Karimojong elders stop varsity project’, The Daily Monitor, August 12, 2011
http://mobile.monitor.co.ug/News/-/691252/1217428/-/format/xhtml/-/2mxbsh/-/index.html
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to map mineral deposits12. Due to ongoing
security concerns, the survey did not include
the Karamoja sub-region. This has fuelled
uncertainty and reinforced perceptions of
exclusion amongst local communities,
generating disputes as investors move
into the area for tentative exploration
operations. Reports of licenses being awarded
to companies away from public scrutiny and
of companies operating fraudulently with
expired exploration licenses and failing to
comply with their obligations towards the
local community are fuelling resentment.
The sale of communal land to private
investors in mineral-rich areas, for example in
Moroto district of Karamoja, is also on the
rise, and increasingly fuelling conflicts
amongst community members and between
communities and local government
officials and investors. Residents have fear of
having their land taken by investors and the
government, with reports of “secret surveys”
being carried out on their land. Investors
showing up to begin mining exploration
activities without previous knowledge of the
local residents, fuels resentment and
mistrust13. Although large areas are
covered by exploration rights (and a few
sites are licensed for extraction of limestone
and marble) the reality of exploration and
distinctions between “surface rights” and
“mineral rights” is often misunderstood and a
source of conflict at local levels14.
Nevertheless, in Karamoja as found across
Uganda, areas are often rapidly picked
up by speculative exploration companies
leaving little opportunity to legalize ASM
activities. Other factors contributing to
over  85%  of  ASM  operating  outside  of  the  
legal framework seems to include lack of
awareness and capacity to obtain a
license (including cumbersome bureaucratic
procedures and complex legal demands),
unclear and/or discriminatory land
tenure systems contributing to a lack of local
responsibility for sustainable mining
stewardship; communities’ perception of lack
of benefits from legal operation to balance
legal obligations; policy and legal gaps
making illegal operations more profitable
than legal activities; weak law enforcement
and inadequate penalties for illegal operators
when caught (in particular mineral dealers);
and, potentially, a perception among miners
that the law is unfair and out of touch with
reality15
Most mineral trade is illegally transact-
ed across the borders representing gross
revenue loss to the government and the
regional economy. Gold in the region is
reportedly purchased by Somalis and, to a
lesser extent, Kenyans. Also cross border
with South Sudan (links between gold and
the  arms  trade  is  suspected).  However,  since  
most ASM is unlicensed, there is a problem
tracking such illegal practices. The protract-
ed insecurity situation in the region seems to
have given rise to powerful actors that may
engage in lucrative illegal mineral trading
given the relative ease to “get away with it”.
Thus, artisanal miners in Karamoja may also
be operating illegally because they may feel
they have no choice .
12Department of Geological Survey and Mines, ‘Uganda: Mineral Sector for National Economic Development’, www.uganda-mining.go.ug/dgsm-
flyer-low-res.pdf.
13Advisory Consortium on Conflict Sensitivity (ACCS) 2013: Northern Uganda Conflict Analysis. http://www.saferworld.org.uk/downloads/pubdocs/
accs---northern-uganda-conflict-analysis-report.pdf
14Ecological Christian Orgainisation (2011): The Mining and Mineral Sector in Karamoja region: Development Opportunities and Constraints.
15
Ecological Christian Orgainisation (2011): The Mining and Mineral Sector in Karamoja region: Development Opportunities and Constraints.
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The research presented in this report is based primarily on
assessment conducted by ECO, ACODE and RIAMRIAM
staff  between  December  15th,  2013  to  February  24th,  2014.  The  
research team conducted interviews in Rupa sub-county
and Moroto town in Moroto district; and at national level in
Kampala   and   Entebbe.   We   collected   qualitative   data   in   11  
semi-structured   focus   group   interviews   comprising   of   175  
community   members   (100   male   and   75   female   participants)  
in the parishes of Rupa, Lobuneit, Mogoth, Nakadeli and
Pupu. Villages with an eye to variation in natural resource
access and exposure to conflict and highly exposed to NRM
related conflicts were purposively selected for interviews. These
communities were: Nakabaat, Nakiloro for gold mining;
Rata,   Lomareo   for   marble&   gold;   Musupo,   Naturumurum,  
Kadilakeny, Lokitela’kapes, Akwapuwa and Kalenyo for land
use in relation wildlife reserves. For community interviews the
interview guides were conducted in N’gakarimajong using the
translated interview guides.
2. METHODOLOGY
16 Ibid
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The team also conducted interviews with the
members of Moroto District Mineral Watch
Platform,  as  well  with  35  representatives  of  
national and international nongovernmen-
tal organizations, United Nations agencies,
soldiers of the Uganda Peoples’ Defense
Forces,UgandaPolice,miningcompanies(DAO
Africa Limited and Jan Manga Uganda Ltd),
journalists, and other persons with knowledge
of land and minerals in Rupa and Karamoja.
A final round of validation and consen-
sus-building workshops was held in
Moroto  on  12th  March  2014,  where  the  draft  
findings of the report were presented and
discussed with key stakeholders in the field.
Participants from local government, civil
society and communities endorsed the
findings as well as contributing to the
sub-regional and local levels of analysis with
specific recommendations.
This report also draws on synthesis and
analysis of secondary data Maps and reports
from the Dept. of Geological Survey and Mines
describing status of mining in Rupa,
Moroto and Karamoja in general, inclusive
of the concession holders (exploration and
mining licenses), distribution of minerals,
officially reported production (primarily
limestone and marble), unofficial estimates
of “illegal” mineral production of gold and
number of artisanal miners; Land and
Mineral Policy and Legislation, inclusive of a
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recent Statutory Instrument to revise royalty17
sharing arrangements to increase percent-
age sharing benefits to local land owners and
recently   approved   2013   national   land   policy  
for Uganda. This is particularly significant to
Karamoja where the “land owner” definition
(subcounty versus clan) has not yet been
well defined. The EU-UN Guidance Notes on
addressing NRM and conflict prevention. These
Guidance Notes included: (i) Land and Conflict (ii)
Extractive Industries and Conflict (iii) Renewable
Resources and Conflict, (iv) Strengthening Capacity
for Conflict-Sensitive Natural Resource Management.
Source of data also included Moroto District and
Rupa Sub-county Development Plans and a number of
other development agencies’ study reports and press
monitoring related to conflict, land and natural
resources in Karamoja Region.
17
A royalty is essentially a tax imposed on mineral production. While technically this is to be collected by the licensed mineral right holder
(producer), in the case of unlicensed artisanal mining, this is often deferred to a licensed mineral dealer (buyer) upon declaration of intent to
export (in the case of gold).
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3.1 Natural Resources Prioritization
Respondents mentioned that the existing key natural
resources in the community included: Land, minerals,
pasture, water, trees, soil, gardens and wild fruits. The
respondents were asked to rank, the natural resources
most important to their lives and livelihoods; Focus Groups
Discussions overwhelmingly prioritized land, minerals,
pasture, water and trees.
Land is the most important resource. Land, water, pasture
and minerals co- exist and all these natural resources are
found on the land, which makes it the most important18.
Water is very important to our animals and us. It
can be used for crop and tree irrigation, bathing,
washing clothes and utensils, cooking and making local
brew, building bricks and smearing huts among others19.
Gold, Marble, Limestone, redganets, granites, sand,
gravel, and other precious stone that we don’t know are
3. NATURAL
RESOURCE
MANAGEMENT
AND CONFLICT
IN RUPA
18
Key informant interview with office of the DPC Moroto Superintendent of Police Obia George 15th Feb 2014
19Community FGDs, Nakiloro Village (translated from Karamojong)
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some of the minerals that exist in this area.
These minerals, especially Gold, limestone
and marble, are very important to communi-
ties in income generation20. We also use the
stones for grinding food21.
We use pasture for grazing animals and
animal feeds, even wild animals feed on the
pasture. During thatching of our manyattas
and protecting granaries, we use grass and
shrubs. We also eat some shrub species,
which are medicinal. Never the less most of
the time trees are used for charcoal burning
and fuel wood22.
Forests or trees are ranked highly for a
number of uses including: firewood,
charcoal and poles for sale. The trees also
provide us material for fencing kraals,
manyattas and water troughs. They are
also considered sacred when identified as
akiriket; shaded sacred groves for elders’
decision-making and community ceremonies.
We eat tree leaves and fruits and our animals
feed on them too. In treatment of a number of
diseases some trees are used as medicine23.
Wild fruits are important resources for
meeting our feeding, nutrition and
medicinal needs. We highly value these fruits.
But all these exist on the soil but soil is also
valued for crop cultivation, plastering
manyattas among others24
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  
companies  with  44  concessions  (35EL,  5LL,  
3ML  &  1SML)  covering  a  total  land  area  of  
3772,43sq.km  (Annex  One).  By  comparison,  
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-county25.   There   are   currently   10  
Mining   companies   with   22   mineral  
concessions   (1   ML,   2   LL   and   19   EL)   in  
Rupa  only  (Table  1).  However,  the  natives,  
politicians and opinion leaders in the area
warn that serious conflict might emanate
from the scramble for resources. Local people
say that it is not clear how investors come
to invest, especially those who are clearing
whole mountainsides or fencing large areas.
There are companies from India and the Gulf,
as well as contractors from other parts of
Uganda26.  
20
Key Informant Interview with Deputy CAO Moroto 17th Feb, 2014
21
Community FGDs, Kadilakeny village (translated from Karamojong)
22
Community FGDs, Nakabaat village (translated from Karamojong)
23
Interview with Opinion Leader Naturumurum village (translated from Karamojong)
24
Community FGDs, Musupo village (translated from Karamojong)
25
This was computed from the data provided by DGSM on Mineral Concession Holders as of 31st January 2014.
26
Karamoja Action Research Team, Patta Scott-Villiers, “Eki and Etem in Karamoja: A study of decision-making in a post-conflict society”. 2013
3.2 Land and Mineral
Exploitation
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Type # License holder Location Granting
date
Expiry
date
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 0805 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 0806 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 0808 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 0809 Gold Hunters Limited Kampala 7/25/11 7/24/14 26/2. Kaabong Gold and Base Metals 54.00 1,080,000
EL 0810 Gold Hunters Limited Kampala 7/28/11 7/27/14 26/2 & 27/1. 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 10/19/1
4
27/3. Moroto Limestone/Marbles 36.90 740,000
EL 1001 Jan Manga (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
EL 1207 Aljouda Mining Company
Limited
Kampala 10/14/13 10/13/1
6
27/3 Moroto Limestone, Gold &
Base Metals
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
LL 1210 Sikander Meghani Kampala 10/17/13 10/16/1
5
27/3 Moroto Gold 0.11 250,000
ML 1129 Jan Manga (U) Ltd Kampala 4/18/13 4/17/34 27/3&4 Moroto Gold 74.20 148,400,000
Table 1: Exploration and Mining License Holders in Rupa Sub-county as of January 31st, 2014
27
Source: Ministry of Energy and Mineral Development, MEMD), Department of Geological Survey and Mines, DGSM), 31st January, 2014
3.3 Patterns of NRM related Conflicts
The recent disarmament process in Karamoja has significantly reduced gun possession,
restored relative peace after decades of inter-clan and inter-tribal cattle rustling.
However,  this  peace  is  confronted  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 mineral
relatedconflicts28.DiscussionswithcommunitiesinRuparevealedthattheyareconfrontedby
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
27
Ministry of Energy and Mineral Development, MEMD), Department of Geological Survey and Mines, DGSM), 31st January, 2014
28
Civil Peace Service Programme, ‘Assessment of land related conflicts and current interventions in Karamoja’, December 2013
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themselves interacting with other groups,
individuals, communities, state or corporate
actors on issues related to land and mineral
resources and these included29:
•   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  compa-
nies and communal land resource users
•   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 investors30
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)
29This 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.
30
Investors imply mining companies and individuals who are either mining or prospecting
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3.4 Drivers of conflict related to Natural Resources
Management
3.4.1 Land related conflicts
The end of armed conflict in Karamoja has
opened up economic opportunities but the
region continues to be affected by disputes
over land and natural resources, including oil,
gold, timber, and the agricultural potential of
the soil. Rupa sub-county is not immune to
these current land related conflicts.
The question of land was never an issue
in the past free Karamoja. People would
grow maize or sorghum anywhere and
graze animals anywhere any time with-
out restriction. But this has changed as
people fight each other over land. Now
that there are minerals all over this
land, the situation has worse and will
continue to be hopeless because land
has become an issue of life and death
on this soil31  
Land and minerals were reported by the
respondents, as the key drivers of conflict
in Rupa and the community interviews
revealed that the current conflicts which
revolved around land and mineral will even
become worse if nothing is done to change
the situation for now and in future. “The
entire sub-county is covered with Gold,
Marble and limestone and other minerals
which we don’t know more so the land on
which these minerals are found is big. The
conflict we currently experience revolves
around land and minerals as there are many
speculators and insecurity of tenure is
widespread because land is communally
owned. As investors move in to exploit these
resources, conflicts over land and minerals
will continue to increase even beyond what
we are experiencing”32.
31
Focus Group Discussion, Rupa
32
Focus Group Discussion, Rupa
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The conflicts are evident between the
investors and communities where mining
and prospecting are taking place sometimes
driven by speculation and rumours over
unclearlandacquisitionbytheinvestorsand
how politicians made a kill in the mining or
prospecting deals, unfulfilled promises and
obligations by investors in terms of royal-
ties 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. One respondent
noted: …the  fencing  off  of  big  chunk  of  land  
by  Jan  Manga  in  Rupa  has  scared  away  
some   local   miners   in   Rupa   and   there   is  
latent  conflict  between  the  two  parties33.  
The study further revealed that the sale/
lease of communal or customary land is
considered an infringement on common
interest and readily triggers conflicts.
Land remains an important factor in
shaping the socio-economic and political
relationshipsbetweenindividuals,investors,
and the state. The difficult transition from
customary land to private ownership,
coupled with a lack of knowledge amongst
many ordinary citizens about land
legislation and the difficulty in obtaining
property titles is a common source of
conflict in Rupa. “Land conflicts and
disputes are so many and are even becom-
ing too many for us to document. They are
complex for example; before you respond
to an investor who needs surface rights,
you have community elders/members
claiming land ownership without proof
of ownership since it doesn’t exist in
communal land ownership. Then the
next day you hear cases of communities
complaining about investors who come
and go without consultation. The investors
expect us to endorse prospecting and
exploration licence applications in the
shortest time, which limits scrutiny of the
documents. On the other hand you have the
conflicting law between land usage/owner-
ship and surface rights... and so muchmore.
All these day to day experiences make the
mineral and land issues very complex with
disputes that become almost impossible
to handle given the magnitude and the
frequency within which they occur, many
times it difficult to reach a consensus with
different conflict parties”34
Respondents in Rupa sub-county cited Land
and boundary disputes/ contested boundar-
ies to be one of the conflict drivers. “All
you see around is conflict; this is between
families, institutions like local govern-
ment, churches, schools, investors and the
community. It is all originated by
boundary disputes, complete ownership
issues and sharing of proceeds from
the natural resources”35 . There are a
number of conflicts in the area; Rupa and
Katikekile sub-counties have a dispute of
over boundaries because of the minerals.
This is a conflict that existed before the
minerals were discovered but the presence
of the minerals has intensified the disputes.
We have been trying to help resolve this
issue together with the ministry of land and
local authorities but with little success”36.
33
Key Informant Interview, Moroto town
34
Key Informant interview with an official in Moroto local government
35
Key Informant interview with Office of the DPC Moroto Superintendent Police Obia George 15th Feb, 2014
36
Key Informant Interview with Deputy DISO Moroto Charles Muhanguzi 17th Feb, 2014
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37
Key Informat Interview Moroto
38
Interview with Lokeris Paul, an elder –Kadilakeny village
Cases of the boundary disputes were
also cited to be between mining compa-
nies holding different concessions. Some
respondents also noted the presence of
conflict between the investors themselves,
though they feared to mention an example
for security reasons. The conflicts come
from unclear demarcation of the areas of
jurisdiction for their activities. The same
respondent noted that the conflicts are
not easy to resolve because of the fragile
nature of the actors. “They have immunity,
come in unclearly, some could be armed
and in fact we are not sure of who we are
dealing with”37.
There exists conflict between the commu-
nities and government and their agencies
like Uganda Wildlife Authority and National
Forestry Authority in some areas. The
UWA protected areas for the establish-
ment of national parks or natural reserves,
is seen by the community as an attempt
which prevent or limit access to traditional
sources of livelihoods for the community
members. The conflict between the UWA
and residents of Rupa is a dispute over
access to Lotithan and Kobebe. Extension
ofUgandaWildlifeAuthority(Nayoko’tiang)
to areas with high potential of crop and
livestock production is one of the causes of
conflict over land use in communities. “The
Authority has taken away lands where we
would farm and graze our livestock. This
has also prohibited us from settling in such
fertile lands. ‘Kobebe is our cradle land, but
because of insecurity, we moved to this
present place called Kadilakeny village.
After the gun was taken away, govern-
ment allowed us to go back to our former
homesteads. There was a big challenge
of water for both human and livestock.
Through our elected leaders, we requested
government to construct a dam and
Kobebe dam was constructed. All this time
round UWA was nowhere to be seen and
we settled with our small crop fields and
grass thatched shades, UWA came in and
harassed us by burning our shades and
destroying our crops claiming that we had
encroached in the wildlife reserves. We
were forced to come back to Kadilakeny
area where we are not sure how long we
will stay because we are told some minerals
have been discovered”38
Respondents further reveal that there
seems to be a preference of wild life to stay
in Lotithan by the government other than
the people-who are trying to resettle after
the conflict. Community members knew of
the Bokora-Matheniko Game Reserve, but
little did they know of Lotithan gazetting,
a place they claim to be their land. The
area is suitable for agriculture and grazing
with water points like Kobebe dam. One
respondent from Rupa noted: …the issues
with NFA and UWA are a serious cause
for conflict over access and utilisation
of the land and water points, given our
background this is a very serious issue
that deserves attention before it gets out
of hand. For instance we are the ones who
chose Kobebe for the construction of the
dam, then how can it considered part of
thereserve”.Whereasthecommunitymem-
bers’ claim is based on tradition, livelihood
and ancestral right, the Wildlife Authority
invokes legal statutes and the necessity
for conservation for these disputed areas.
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3.4.2 Mineral related conflicts
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.
“Officials of any company got carrying
Karamoja minerals this month will be
arrested,” resolved the councilors. Mr. Joseph
Otita, the councilor for Rupa Sub-county, told
the council that a big chunk of land in Rupa,
a mineral-rich area, has been gazzetted by
unknown people and that some of them
have already processed land titles without
the knowledge of the local community and
the district39.
Community members expressed con-
cern over insufficient consultation and
participation of local communities in the
process of exploration and exploitation of
resources found in their land as it is creating
resentment and driving conflicts across
the area. “We  have  been  mining  Gold  in  
Nakabaat  for  many  years  even  before  the  
coming   of   the   foreign   companies,   when  
they  came  they  quickly  set  up  permanent  
buildings  and  water  facilities  for  themselves  
midway   between   Nakiloro   and   Nakabaat.  
No  one  informed  us  about  their  coming  but  
we  then  moved  away  from  that  area  deep  
down  the  valleys  were  we  finally  settled  to  
continue   with   the   mining.   After   few  
months  we  were  then  told  to  move  further.  
Unfortunately  some  of  the  people  who  would  
have   defended   us   instead   were   moving  
with   them   and   they   played   a   big   role   to  
convince  us  that  the  investors  were  directed  
by  government  to  come  and  develop  the  area  
by  extracting  gold.  We  now  stay  here  but  we  
feel  insecure  and  always  in  fear  and  under  
threat,  thinking  that  any  time  we  may  be  
told  to  move  further  and  further.  Surprisingly  
we  are  not  even  allowed  to  use  the  water  
points  the  companies  have  set  up.  They  have  
support  of  the  army  and  some  selfish  local  
leaders”40 Such irregularities have fuelled
uncertainty and reinforced perceptions
of exclusion amongst local communities,
generating disputes as investors move into
the area for tentative exploration operations.
38
Interview with Lokeris Paul, an elder –Kadilakeny village
39
See Ariong, Steven, ‘Moroto council suspends all mining activities’, Daily Monitor, 15 September 2011. http://www.monitor.co.ug/News/National/-
/688334/1236554/-/bj8jxsz/-/index.html
40
Interview with local miner in Nakabaat Village
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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) too conflict due to need for
controlling mining activities, land, unclear
terms of operation and, the perception that
investors come to know of the minerals
before   the   local   people   How   come   the  
people from Kampala know about
minerals other than us the locals?41. While
another noted: In all the conflicts perceived
and experienced land is very critical, in fact
as people are looking for where to settle,
animals too have no where to graze, it’s
saddening42 The experience of Nakabaat
local miners with mining companies as
told by Awosit Marita is harsh ‘besides
sending us to the valleys, the investors
don’t allow us to use the water they have
piped all the way from Nakiloro river down
through to Nakabaat mining site. Life is
very challenging for us in this area especially
in this dry season of the year. The popula-
tion of the three different communities in
this place is growing steadily and yet we
have no source of basic necessities of life.
This is a very bitter experience; we feel we
are being treated unfairly in our own land’.
Price control is also a major cause of conflict
over minerals in Nakabaat and other mining
communities in Rupa. A few monopolies/
buyers over-bargain to meet their selfish
interest while exploiting the local miners.
According to the local miners, “We have had
many cases where an increase or decrease
in the price of gold has been a source of
conflict as one buyer wants to out compete
the other. Police always comes in settle such
disputes, buyers and miners always fight
because of the slight change in the
prices. We always feel cheated especially by
one buyer who always does not want other
buyers on the scene”43. We fear to complain
for any basic services including low prices
set by the few monopolies (gold buyers) that
claimtheyareallowedbygovernmenttocome
and buy gold from us. Many of them have
strongprotectionfrompolice/armyofficers”44
Respondents from all the FDGS claimed
these conflicts are the responsibility of
government, 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, gazetting, degazzeting,
access and compensation, concessions,
royalties and other information related to
land and mineral issues. We are told that
Musupo, which is a forest reserve yet we
hear part of it, was given to the investors.
There was no consultation with the local
people when the land was being allocated.
It was also noted that the local leadership at
districtlevelareresponsiblefortheconflictin
Musupo because they don’t inform the local
community of the coming of the investors,
community members are surprised when
investors come being directed by local
leaders to such places of interest.
41
FGD interview, Rupa Parish
42
FGD interview, Rupa Parish
43Interview with Awosit Martina a local miner – Nakabaat village.
44Interview with local miner in Nakabaat Village
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The local government and other government
agencies are argued to address these
many complaints and confusion through
continuous dialogue.
The local government asserts that they
are sometimes blamed with no clear basis
yet some conflicts are a result of 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 they are perceived with suspicion by
local communities which leads to conflicts.
“The gazetting of the Matheniko game
reserve also caused a conflict because
the community wants the land especially
because of the minerals. The Tepeth claim
the boundary is in the valley and the
Matheniko claim the boundary is on the
foot of the mountain. This conflict is mainly
because of mineral extraction and they
are both fighting for ownership of the land
that has more minerals. Tapach is too is
accusing Local government of not giving
them a chance to manage their resources.
But the district says that it’s the central
government in charge. There is an as-
pect of ignorance that needs to be sorted;
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the people need to be enlightened. The
challenge however is the community
confronts the local government instead of
asking. From the ground analysis it is not
logical for the sub-county to accuse the
local government. They should instead ask
government to pay them their royalties”45.
The general misinterpretation or poor
understanding of the land and mining laws
seems to increase mineral and land related
conflicts.   Although   the   1995   constitution  
places all minerals under the custody of the
government,  the  2003  Mining  Act  prescribes  
that “revenue shall be shared amongst
the central government, the local govern-
ment and the lawful occupants of the land”
(section  98.2)  and  that  districts  are  responsible  
for receiving and forwarding applications for
various mineral rights, arbitrating compen-
sation, resolution of disputes and granting of
licenses which is information that the local
people lack.
The struggle for mining holes is
manifest in the mining sites because of the
increasing population. Since the disarma-
ment was completed, people have spread
out from where they were confined, going
back to their places. This movement has
increased the pressure on land and revealed
disagreements between those who have
claims to it; a case in point is the Karimojong
and the Uganda Wildlife Authority (UWA).
The increasing population has further led to
increased pressure on other resources like
water. And exploitation of minerals and land
use are seen as a major cause of conflict.
“The population in Nakabaat is growing
rapidly, as a result local miners struggle for
mining sites. And in some other areas the
land and minerals have been sold yet we
thought we would settle their, UWA is on
alert to arrest any one who goes there”46.
Reports of licenses being awarded to
companies away from public scrutiny and
of companies operating fraudulently with
expired exploration licenses and failing
to comply with their obligations towards
the local community continue to upturn
45
Key Informant interview with office of the DPC Moroto Suprintendet of Police Obia George 15th Feb 2014
46
Interview with Natur Teresa, a local miner, Kadilakeny village
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resentment. “Involvement in unclear deals
by investors intensifies conflict; initially
some other investor had the prospecting
licence which he sold to Dao and got a
dealers licence. Such an event causes
confusion in the community if they don’t
come out clear though the law does not
prevent the investors from this kind of
dealings47.
The sale and lease of communal land to
private investors in Rupa is also on the
rise, and increasingly contributing to
conflicts amongst community members and
between communities and local government
officials and investors. Participants
described residents’ fear of having their
land taken by investors and the govern-
ment, with reports of secret surveys being
carried out on their land. They noted that
investors showed up to begin mining and
exploration activities without previous
knowledge of the local residents, which
fuels resentment and mistrust “…. Whatever
companies are working on is not clear
even to the district leaders, CSOs and the
communities. We just see graders
clearing the land and not even our elders are
informed. They come in with a lot of immu-
nity and exploit the ignorance of the people
for their benefits”48
Lack of transparency and inability to share
information with the public about such
transactions is a recipe for anger amongst
communities. Unclear property rights and
restricted communication as well as lack of
representation, consideration and protection
for traditional resource users (e.g. pastoral-
ists and small scale and artisanal miners) are
a common cause of conflict. According to
the study findings, the licensing of mineral
exploration without adequate community
involvement will keep driving and escalat-
ing conflicts in many parts of the region
as more mineral sites are identified and
licensed for exploitation. Regarding the
question on whether or not, local communi-
ties are consulted when it comes to land use
and  minerals;  of  the  ten  FDGs  in  10  
47
Key Informant interview with office of the DPC Moroto Suprintendent of Police Obia George 15th Feb, 2014
48Key Informant Interview in Moroto town.
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villages consulted by the research team only
one FGD could explain how the investors
get access to the land. In Namoru-Pokoi
(a newly discovered mine in Naturumrum
village), the experience was that there
was a company (an Indian) that consulted
the community but only twice to beg the
community to allow them to access this area
in order to extract marble.
“We said no because we would not want
to sell our land to such people. The
company was not satisfied with our
decision and promised to come back later
to adequately discuss with us, only to our
surprise a different company in the names
of Alhajji has accessed Namoru-pokoi area
this time. We were not aware of this”49  .  
An except is Musupo whereby the
participants reported some levels of
community consultation. The local leaders
(LC  1s  of  3  villages  and  an  opinion  leader)  
who were among the participants testified
that the community was consulted about
DAO Africa Limited a marble company.
A number of times community dialogue was
held to inform the local community of their
intention. They also promised in writing to
support the communities by constructing
basic facilities of schools, health centers
provide employment for the local population
and construct a housing facility for elders
worth   UGX   300,000,000.   “Eight   (8)   of   our  
elders including district local authori-
ties   were   invited   by   DAO   &   Jan   Manga  
mining companies to Kampala to discuss
how the company’s presence in the area
would benefit the communities. All was
agreed upon and sealed through documen-
tation and signing of the agreement but
nothing has ever happen”50  .
“There are complaints from the
community about investors who promise to
do a number of things to get the community
cooperation. They just disappear with the
precious stones without fulfilling their prom-
ises. Abuse of the licenses is key in driving
conflict besides the other origins. It is said
that Dao Africa Limited was initially selling
a product that it had no right to sell since it
did not have a mining licence at the time.”51
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. In Rupa, the foreign
presence of Jan Manga Limited has
prompted mistrust among locals. It is
popularly assumed that the benefits will
flow toward the wealthy, leaving the poor
even poorer. “We don’t know where the
gold is going, we only hear the land is sold
to investors and we are afraid we will not
see any benefits from the gold. At least
if the landowners are able to build their
permanent houses as a result of gold, then
we would see the impact of Gold. Lokora
for instance has no schools and it would be
nice to have the investors in the areas put
up a school. The situation is horrible and
wanting as the locals have nothing to show
from Gold”52
49
Interview with Lokol Losigiria – an opinion leader of Naturumurum village.
50
Interview with Mzee Ochwe Zachary – LC 1 Musupo Village
51
Key Informant interview with office of the DPC Moroto Suprintendent of Police Obia George 15th Feb, 2014
52
Key Informant Interview with employee at the gold mine Jan Mangal 15th Feb 2014
35
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  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda
“There is almost no schools in the
sub-county of Rupa and ignorance is so high.
Some people use caves as their shelter without
caring about the risk of getting killed when
it rains. They hide their money instead of
using it to develop themselves. Despite the
risks that come with mining there are no
hospitals or health centers near the fields and
the few that survive the injuries incurred are
taken care of by the NGOs come to their rescue
in the mines. There have been some deaths
and injuries incurred in caves but people still
go there”53.
Some general causes of conflict gathered from
the respondents included the geographical
nature of Karamoja which has been exploited
for unhealthy reasons like cattle rustling, arms
trafficking, and avoidance of disarmament all
leading to resolving conflicts in the region.
Another respondent analysed the
conflicts in Karamoja in a historical perspective
giving the background of colonization that
involved sharing border lands with Kenya
and South Sudan, the government grabbing
of land and giving it to wild life in anticipa-
tion to curb rustling and ease disarmament
which were good intentions but have led
to latent conflict amidst the relative peace.
Central government officials often appropriate
taxandroyaltyrevenuesfromminingcompanies
without adequately consulting and compensat-
ing communities. This mismatch is closely tied
to the absence of democratic or participatory
decision-making processes and fuels conflict.
In some communities according to a district
official there is livelihood insecurity, he
preferred anonymity as he described
the situation; …there is a time bomb as
unknown people are taking unknown land
as people are sleeping, by the time they
wake up all the land will have been taken.
Poverty was noted as a significant
driving factor in all these land conflicts, and the
increasing commercialisation of land, teamed
with communities’ growing realization of
its worth, is dramatically increasing land
disputes. Widespread extreme poverty and
a complex tenure system leave communi-
ties vulnerable to property rights abuses and
exposed to a growing risk of violent conflicts.
53
Key informant Interview with employee at the gold mine Nakabat 15th Feb 2014
36
REPORTTOEU-UN
  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda
4. KEY ACTORS,
INSTITUTIONS
AND STRUCTURES
IN NRM AND
CONFLICT
4.1 Introduction
There are various actors, institutions and structures
in Natural Resource Management and Conflict54. The
Fig.1  below  shows  the  different  levels  of  interaction  
among regional and national actors, institutions’ and
structures’. The structures are perceived as the laws
and principles, while the institutions are the formal
legal persons like the regional economic bodies.
They are interrelated which affects their relationship
accordingly. The cloud call out sign shows the
structures. The dotted blue
shows the relationship between predominantly
national level actors, institutions and structures. The
dark shows the deep relationship among the
actors at continental level. The green oval institutions
and their structures feed into the orange oval major
actors and vice versa.
54
USIP(2010) Measuring Progress in Conflict Environments Eds John Agoglia et-al, looks at % of natural resources brought under transparent
government regulation, compliance with International standards and level of investment in public and private sector in natural resources as key
indicators in Natural resource bases conflicts.
37
REPORTTOEU-UN
  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda
Fig.1  The  regional  and  national  key  actors,  institutions  and  structures  in  NRM  and  Conflict
Continental-EU/UN,AU
(Regional Economic Bodies
National
Central and Local
Government
Private Investors
Policies
Community
Intergovernmental
(IGAD, EAC,
Lokiriama)
Statutory bodies
(UWA,NFA)
Ministries (Energy and
Mineral Development, Water
and Environment, Lands,
Housing and Urban
DevelopmentCustoms and
National Laws
Acts and
Regulations
Treaties, Protocols
and Charters
Protocols
Formal and Informal
structures
Constitution,
Acts, Byelaws
Constitution
CSOs
Acts and
regulation
s
Source: Secondary and field data, Illustration by Tom Balemesa
38
REPORTTOEU-UN
  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda
Below is the local level actor analysis (Rupa Sub county).
55
Source: Field Data, illustration by Tom Balemesa K
The government occupies the central role due to its mandate
Media plays a facilitating role for all actors
There exists a perceived and observed broken relationship between CSOs and Local
Government, Government, Community with local leaders and Government of Uganda, Community and
their local leaders, NFA and Community.
There is bad relationship between warrior groups, Government of Uganda and
Communities, Investors and Communities
There is a direct relationship between customary institutions and Community
There is observable and perceived good relationship between the different agencies of
government
The connection between Investors, Government and NFA was not clear
There was a mixed relationship between CSOs and Community.
NFA
Warrior
groups
CSOs
UWA
Local
Government
Investors
Community
Government
of Uganda
Community
Leaders Customary
institutions
Media
Media
Media
Media
Media
55
Design adopted from Africa Center for Constructive Resolution of Disputes (ACCORD) (2002), Transforming Conflict Facilitators Reference
Manual, Durban South Africa and Miall, Ramsbotham and Woodhouse (1999) Contemporary Conflict Resolution. Wiley Publishers.
39
REPORTTOEU-UN
  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda
Natural resources are an important component in understanding the nature of conflict in
Africa because of their effect on such conflict. Arguably, natural resources are embedded in an
environment, geographic, geopolitical and interdependent space where actions by one
individual or group may generate effects far beyond specific localities or even national
jurisdictions. This is particularly true of shared trans-boundary resources as the term is widely
understood56. It’s from this background that regional and international mechanisms on natural
resource management and conflict shall be discussed.
4.2.1 The East African Community
The  East  African  Community  came  into  existence  in  Arusha  on  30  November  1999.  The  Treaty  
entered  into  force  on  7  July  2000  following  the  conclusion  of  the  process  of  its  ratification  and  
deposit of the Instruments of Ratification with the Secretary General by all the three Partner
States57. The East African Community has a protocol on Environment and Natural Resources
Management  that  came  into  force  in  April  2006.  Particularly  there  is:
Art.7  on  Co-operation  on  Environment  and  Natural  Resources  Management,
Art.18.  on  Management  of  Mineral  Resources  for  which  Section1  states,  The Partner States
shall develop and harmonise common policies, laws and strategies for access to and
exploitation of mineral resources for the socio-economic development of the Community.
Article   22,   Management   of   Rangelands,   Article   23,   Combating   Desertification   and  
Mitigating Effects of Drought58. The East African Community too has in place a protocol on Peace and
Security  that  came  into  BM8I  V    force  in  February  2013.  Its  scope  of  operation  is  shown  below  in  Box  1:
4.2 Regional and International Mechanisms on NRM
and Conflict
In this protocol the scope of operation includes:
a) conflict prevention, management and resolution;
(b) prevention of genocide;
(c) combating terrorism;
(d) combating and suppressing piracy;
(e) peace support operations;
(f) disaster risk reduction, management and crisis response;
(g) management of refugees;
(h) control of proliferation of illicit small arms and light weapons;
(i) combating transnational and cross border crimes; including drug and human trafficking, illegal
migration, money laundering, cyber crime and motor vehicle theft;
(j) addressing and combating cattle rustling;
(k) Prisons and Correctional Services including exchange of prisoners, detention, custody
and rehabilitation of offenders.
56
Philip Arthur Njuguna Mwanika • ISS Paper 216 • SEPTEMBER 2010 Natural Resources Conflict Management Processes and Strategies in Africa
57
http://www.eac.int/index.php?option=com_content&view=article&id=44&Itemid=54
58
http://www.eac.int/index.php?option=com_docman&task=doc_view&gid=5&Itemid=163
40
REPORTTOEU-UN
  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda
Below are some of the articles in the
protocol and some of their provisions;
Article   4   -   Conflict   Prevention,   Manage-
ment and Resolution has the following
subsections related to
1.   The   Partner   States   undertake   to  
develop an East African Community
conflict prevention, management and
resolution mechanism.
2.      For   purposes   of   paragraph   1,   Partner  
States shall manage and seek to
resolve any dispute or conflict within
and between two or more Partner States
or with foreign countries by peaceful
means.
3.   The   Community   may,   in   consultation  
with the United Nations Security
Council and the Peace and
Security Council of the African Union,
offer to mediate in disputes or conflicts
within and between two or more
Partner States or with foreign countries.
Article.13   Preventing   and   Combating      
Cattle Rustling for instance has the following
subsections:
1.      The   Partner   States   that   do   not   have  
policies and laws to prevent and
combat cattle rustling agree to develop
and adopt policies, law and strategies
to achieve this.
2.    The  Partner  States  agree  to  harmonise  
their policies, laws and strategies to
prevent and combat cattle rustling59.
4.2.2 The Inter-Governmental
Authority for Development
It is another actor, institution with
structures regarding Natural Resource
Management and Conflict. The institu-
tion has the Conflict Early Warning and
Response Mechanism (CEWARN) since
200260. This is a collaborative effort of the
sevenIGADMemberStates(Djibouti,Eritrea,
Ethiopia,Kenya,Somalia,SudanandUganda)
targeted at mitigating and preventing
violent conflicts in the sub-region. Through
its national network of governmental and
non-governmental stakeholders – Con-
flict Early Warning and Response Units
(CEWERUs); National Research Institutes
(NRIs) and Field Monitors (FMs), CEWARN
undertakes its conflict early warning and
response function in three clusters or
pilot areas. These are the Karamoja Cluster
(covering the cross-border areas of
Ethiopia, Kenya, Sudan and Uganda); the
Somali Cluster (covering the cross-border
areas of Ethiopia, Kenya and Somalia) as
well as the Dikhil Cluster (covering the
cross-border areas of Djibouti and
Ethiopia)61.
A cluster meeting focusing on Karamoja
was hosted by Janet Museveni with Cluster
affairs from Ethiopia, Kenya, South
Sudan and Uganda convened in Kampala’s
Munyonyo   Commonwealth   resort   on   14  
October  2013.  The  meeting  concluded  with  
the launch of an annual ministerial forum
as well as a collective commitment on
59
East African Community (2013) East African Protocol on Peace and Security, p.12
60
http://cewarn.org/index.php?option=com_content&view=article&id=51&Itemid=53
61
Ibid
41
REPORTTOEU-UN
  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda
harmonizing peace, security and development
initiatives across the Cluster. In the same
meeting  was  a  12-point  communiqué  issued  
by the meeting, ministers committed to the
establishment of strong institutional arrange-
ments that ensure multi-state coordination
and harmonization of interventions
4.2.3 TheLokiriamaPeaceAccord
This  was  signed  in  December  1973  as  another  
initiative that was brokered between the
Turkana people of Kenya and the Matheniko
of Uganda. Inter-tribal conflict amongst the
two pastoral communities between the Kenya
Uganda borders characterized by armed
clashes that led hundreds of lives being lost
informed the crafting of the peace accord.
The need to co-exist peacefully was greatly
influenced by the tragic Nakiloro River
encounter between the two communities
where hundreds perished. For many years,
a fore mentioned communities had engaged
in violent conflicts mostly over the access
and control of the resources revolving around
livestock and pasture.62
As a result of the peace treaty, the two
communities have had peaceful co-exis-
tence for more than four decades. The Peace
accord has withstood the test of time and has
enabled  over  20,000  Turkana  herders  to  move  
to Uganda to access pasture and water
during the reporting period. This celebration,
which also brought on board the Toposa of
South Sudan, the Nyang’atom of South Omo
zone of Ethiopia, the Pokot of Kenya, the Jie
and Dodoth of Uganda was attended by over
500  people63.
4.2.4 The International
Conference of the Great
Lakes Region (IC/GLR)
This is an intergovernmental organization of
African countries in the African Great Lakes
region. It is a multilateral framework in the
diplomacy of conflict management that has
also been a major actor regarding natural
resources conflict management. It stemmed
from the conflicts and tragedies in the region,
especially the genocide in Rwanda and the
situation in the DRC, which constituted a
threat to international peace and security64.
In   2000   the   UN   Security   Council,   through  
its  resolutions  1291  and  1304,  called  for  an  
62
Ibid
63
http://www.ke.undp.org/content/kenya/en/home/ourwork/PBCR/successstories/lokiriama-peace-accord/
64
Opcit Philip Arthur Njuguna Mwanika, Natural Resources Conflict Management Processes and Strategies in Africa
42
REPORTTOEU-UN
  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda
international conference on peace,
security, democracy and development in the
Great Lakes region. Later that year such a
conference was established with its joint
UN–AU Secretariat in Nairobi, Kenya. The
11   core   countries   are   Angola,   Burundi,  
Central African Republic, Republic of
Congo, DRC, Kenya, Rwanda, Sudan, Tanzania,
Uganda  and  Zambia.  In  November  2004  the  
11  heads  of  state  and  government  of  the  IC/
GLR member countries unanimously adopted
the Dar es Salaam Declaration on Peace,
Security and Development in the Great
Lakes Region in Dar es Salaam, Tanzania.
In this declaration they declared positive
determination to form the Great Lakes
region into a space of sustainable peace
and security, political and social stability,
and shared growth and development for all
its  states  and  people.  In  December  2006  the  
heads of state and government convened
again in Nairobi and signed a pact on
security, stability and development. This
pact incorporates the Dar es Salaam
Declaration’s programmes of action and
protocols65
4.2.5 The Ngurdoto-Tanzania
Agreement in 2007
This came into existence after prior
agreements a cross border initiatives
between Uganda and Democratic
Republic of Congo (DRC). Its history is
traced  from  1990  when  an  agreement  for  
‘’cooperation for the exploration of hydro
carbons and exploitation of common fields’’
was signed with DRC (the Zaire). The
agreement sets the precedent for Joint
Exploration and Exploitation of Shared
Petroleum Deposits within the Albertine
Graben66. The nitty-gritties of the shared
65
The International Conference on the Great Lakes Region Pact on Security, Stability and Development in the Great Lakes Region of 15 December
2006 can be accessed in the ‘Repository’ section of the official ICGLR webpage http://www.icglr.org/
66
Tim Altork(n.d) The Ngurdoto-Tanzania Agreement in 2007 available at http://www.ehow.com/facts_7195673_ngurdoto-agreement.html accessed
on 1/03/2014
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DYNAMICS REPORT.

  • 1. 1 REPORTTOEU-UN  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda THE DYNAMICS OF CONFLICTS RELATED TO LAND AND NATURAL RESOURCES IN RUPA SUB-COUNTY, KARAMOJA REGION, UGANDA With funding and support from the European Union's Instrument for Stability The United Nations Interagency Framework Team for Preventive Action EU – UN Partnership on Land, Natural Resources and Conflict Prevention Charles Kabiswa Isaac Kabongo Tom Balemesa Sylvia Atugonza Dr. Arthur Bainomugisha Ecological Christian Organisation March 2014
  • 2. 2 REPORTTOEU-UN  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda Source: Ministry of Energy and Mineral Development, MEMD), Department of Geological Survey and Mines, DGSM), December,  2013 About ECO Ecological Christian Organization (ECO) is a Ugandan non-governmental organization (NGO) working to improve the quality of life and sustainable livelihoods of the poor and vulnerable groups in Uganda while building a sustainable future. ECO supports grassroots community through natural resources governance, climate change and livelihood, Ecosystems Management and Restoration. www.ecouganda.org About the Associate Partners: RIAMRIAM is an umbrella of CSOs operating in Karamoja mandated to coordinate, facilitate, build capacity of organizations, and provide a common platform through which CSOs can advocate for peace, human rights, gender equality and economic development. www.riamriamcsn.org Advocates Coalition for Development and Environment (ACODE) is an independent public policy research and advocacy think tank registered in Uganda with operations in the Eastern and Southern Africa sub region. Over the last decade, ACODE has established itself as one of the leading public policy think tanks in Africa. Through research, advocacy, representation, its convening power and expertise, ACODE has become the premier organisation that facilitates policy dialogue and debate on emerging and cutting edge public policy issues. www.acode-u.org Authorship This Report was prepared by the ECO, Riamiriam and ACODE Team comprised of: Isaac Kabongo, Charles Kabiswa, Sylvia Atugonza, Tom Balemesa, Roselyn Karatsi and Dr. Arthur Bainomugisha.
  • 3. 3 REPORTTOEU-UN  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda Table of Contents EXECUTIVE  SUMMARY                  5 1.  INTRODUCTION                   11 Objectives                       13 Contextual  Factors:  Geography,  Demography,  NRM  and  Conflict  in  Karamoja  Region   13 Land  and  Extractive  Mineral  Sector  in  Karamoja:  An  Overview         14 2.  METHODOLOGY                   19 3.  Natural  Resource  Management  and  Conflict  in  Rupa           22 3.1  Natural  Resources  Prioritization               22 3.2   Land  and  Mineral  Exploitation               23 3.3       Patterns  of  NRM  related  Conflicts             24 3.4   Drivers  of  conflict  related  to  Natural  Resources  Management       26 3.4.1  Land  related  conflicts               26   3.4.2  Mineral  related  conflicts               29 4.  Key  actors,  institutions  and  structures  in  NRM  and  Conflict         36 4.1  Introduction                     36 4.2   Regional  and  International  Mechanisms  on  NRM  and  Conflict       39 4.2.1  The  East  African  Community             39   4.2.2  The  Inter-Governmental  Authority  for  Development         40   4.2.3  The  Lokiriama  Peace  Accord             41   4.2.4  The  International  Conference  of  the  Great  Lakes  Region  (IC/GLR)     41   4.2.5  The  Ngurdoto-Tanzania  Agreement  in  2007         42   4.2.6  Nairobi  Protocol  of  April  21,  2004  and  Eastern  Africa  Police  Chiefs                                Cooperation  Organisation  (EAPCCO)  protocol         43 4.3  National  Mechanisms  on  NRM  and  Conflict             44 4.4   Government  Policies  on  Natural  Resource  Management         44 4.4.1  The  Constitution  of  Uganda  1995             44   4.4.2  The  Mineral  Policy                 46   4.4.3  The  National  Policy  on  Oil  and  Gas  2008           47   4.4.4  The  National  Land  Policy  2013             47   4.4.5  Wildlife  policy  of  1999               48 4.5   Traditional  Natural  Resources  Management  Structures         49 4.6   Role  of  CSOs  and  their  level  of  engagement           52 Text
  • 4. 4 REPORTTOEU-UN  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda 4.7    Capacity  of  other  Actors,  institutions  and  structures  in  NRM  related          conflicts  in  Rupa  Subcounty                 54 5.  Critical  Issues  in  NRM  Conflict  Mitigation  and  Management           56 5.1.The  interface  between  UWA,  NFA  and  local  community  over  access  to   land  and  minerals  resources                   57 5.2  Capacity  of  the  actors  to  deal  especially  with  the  emerging  mineral  related  conflicts    58 5.3  Access  to  land  and  mineral  Resources-  Land  Usage  and  Surface  Rights       58 5.4  Co-existence  of  Artisanal  and  Small-scale  Miners  (ASM)  and  Medium   and  Large  Scale  Mining                               59 5.  5.  Security  of  Land  Tenure                   60 5.6.  Improved  Information  Flows  and  Communication  channels           63 5.7.  Inadequate  Community  Consultation  and  participation  in  decision  making       64 6.  RECOMMENDATIONS                   66 Table  1:  Exploration  and  Mining  License  Holders  in  Rupa  Sub-county  as   of  January  31st,  2014                   24 Annex  One:  Exploration  and  Mining  License  Holders  in  Moroto  District   as  of  January  31st,  2014                   71
  • 5. 5 REPORTTOEU-UN  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda W ith support from EU-UN, the Ecological Christian Organization (ECO) in partnership with Riamiriam and ACODE has conducted an Assessment   of   the   dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa   Sub-county,  Karamoja  Region.  This study intended to assess the current situation, challenges and possible solutions regarding actual and potential conflicts related to land and mining activities in Rupa Sub-county. The environment of Karamoja offers a number of natural resources upon which communities depend for daily functional, economic  and  social  purposes.  The  region,  a  home  to  about  1.147   million  people,  it  is  estimated  that  80%  of  the  total  population  is  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. EXECUTIVE SUMMARY 5 Overview B usoga Kingdom is composed of seven politically organised districts that include; Kamuli, Jinja, Iganga, Bugiri, Mayuge, Kaliro, Namutumba and the recently proposed Luuka district. The Kingdom lies under the African tropical region bordering with Lake Victoria shoreline in the South, River Nile in the West, Lake Kyoga in the North and River Mpologoma in the East, located in the Republic of Uganda, East Africa. Her inhabitants are known as Basoga and their history is largely a matter of speculation. However, there are a few facts that emerge from the historical shadows of the past related to the neighbouring tribes, the Baganda located in the West, South and Banyoro in the Northwest direction from Busoga Busoga is a land of peace-loving people who traditionally live in small homesteads. The Basoga (people) subscribe to large communities with similar traditional norms, culture and origin. Their large families or communities are classified as clans and so long as they shared common traditional norms, their sense of freedom would be complete. With these values, the Basoga will live in harmony with each other and to-date they continue to extend such hospitality to their visitors. “The Basoga (people) subscribe to large communities with similar traditional norms” View of the mighty Nile River which is the Kingdom’s lifeline Contiued Next Page
  • 6. 6 REPORTTOEU-UN  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda However,   this   peace   is   fraught   with   another challenge, the increasing quest for land by internal and external actors. Tensions over control and benefit of resources tied to land and minerals are tangible in many communities throughout Karamoja Region. Communities describe land disputes as widespread in Karamoja, with acquisition of land in the sub-region for the purpose of establishing game reserves or to commer- cially exploit minerals such as gold or uranium pitching residents against the UWA, local government and commercial investors. Conflicts are also prevalent between investors, titleholders and the communities and in communal land between individuals, sometimes referred to as the elite (educated/ prominent Karimojong) and the communities. To better understand the status and implications of conflicts related to land and extractive mineral resources in Rupa Sub-county, Karamoja Region, European Union (EU) and United Nations (UN) funded ECO to undertake a Natural Resource Conflicts assessment in Rupa. It is within this EU-UN Partnership on Land, Natural Resources and Conflict that this assessment was conducted to provide insight into possible mitigation and response mechanisms that could in turn improve prevention of land and natural resources from contributing to violent conflict in the Region. Land and Extractive Mineral Sector in Karamoja 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   companies  with  44  concessions  (35EL,  5LL,   3ML  &  1SML)  covering  a  total  land  area  of   3772,43sq.km.  By  comparison,  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-county. There are  currently  10  Mining  companies  with  22   mineral   concessions   (1   ML,   2   LL   and   19   EL) in Rupa only. Local people say that it is not clear how investors come to invest, especially those who are clearing whole mountainsides or fencing large areas. There are companies from India and the Gulf, as well as contractors from other parts of Uganda. Patterns of NRM related Conflicts Communities in Rupa and Karamoja in general 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
  • 7. 7 REPORTTOEU-UN  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda with other groups, individuals, communi- ties, state or corporate actors on issues related to land and mineral resources and these included: 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 Karimo- jong 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; 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 investors1 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 and; Contradictory natural resource needs and values, e.g. between wildlife habitat protection and local livelihood security/UWA gazette 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) Drivers of Land related conflicts Land and minerals were reported by the respondents, as the key drivers of conflict in Rupa. Conflicts are common between the investors and communities 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. 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; Land and boundary disputes/ contested boundaries between communi- ties and between mining companies holding different concessions due unclear demarcation of the areas of jurisdiction for their activities; There exists conflict between the communities and government and the agencies like Uganda Wildlife Authority and 1 Investors imply mining companies and individuals who are either mining or prospecting
  • 8. 8 REPORTTOEU-UN  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda National Forestry Authority in some areas citing Lotithan and Kobebe cases. Drivers of Mineral related conflicts 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. 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; 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 license 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; Prices of gold whereby a few monopolies/buyers over bargain the price of gold to meet their interest thus exploiting the local miners; 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, gazetting, degazzeting, access and compensation, concessions, royalties and other information related to land and mineral issues; 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 commu- nities and lead to conflicts; 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; Reports of licenses being awarded to companies away from public scrutiny and of companies operating fraudulently with expired exploration licenses and failing to comply with their obligations towards the local community are fuelling resentment; Lack of transparency and public informa- tion about such transactions, fuels anger amongst communities. Unclear property rights and restricted communication as well as lack of representation, consideration and protection for traditional resource users (e.g. pastoralists and small-scale and artisanal miners), are common cause of conflict;
  • 9. 9 REPORTTOEU-UN  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda Communities expressed high expec- tations that mining companies would create jobs and invest in community development, though often the opposite has beenthecase,withtheauthoritiesandprivate investors expelling goldsmiths from the mines, a crucial source of livelihoods for local communities and; 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 relateto:(i)theinterfacebetweenUWA,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/ meet- ing/ tree of men) and Akiriket (Sacred Assembly) need to be supported, (v) popularisation of Land and Mineral policies; (vi) consultation and participa- tion 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: There is need for widespread sensitiza- tion on mining and land legislation, as well as the peculiarities of the minerals sector, would help mitigate such risks, indicating a critical role for local government. There is need to strengthen the capacity of actors especially to deal with the emerging mineral related conflicts. There is need for harmonized and well coordinated NRM conflict-resolution approaches and tools should be created. There is also need to support efforts directed toward strength- ening the statutory land administration and increases knowledge access of the land and mineral laws to the NGOs CBOs, district technical staff and local people. There is need to reconcile and harmonize the mining and land legislations as they apply within the context of Karamoja is urgently needed as is local capacity to engage in reform processes.
  • 10. 10 REPORTTOEU-UN  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda In cases where exploration companies are active, geologists must (for their own security) necessarily engage and sensi- tize land owners as they enter areas (e.g. for sample collection), typically through government channels (LCIII or LCI Chairper- sons) and to a lesser extent clan chiefs and elders. There is need for increased collaboration between civil society and other actors like Local and Central govern- ment in addressing the conflict issues in Karamoja. This should avail communities with necessary information from all actors so as to safeguard them from the negative effects of development. Blending of traditional and modern approaches. 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. 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.
  • 11. 11 REPORTTOEU-UN  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda T he Karamoja region is one of the most impoverished regions in Uganda yet it holds considerable potential for gold, gemstones, limestone, marble and other minerals. The environ- ment of Karamoja offers a number of natural resources upon which communities depend for daily functional, economic and social purposes. The Karamoja sub-region comprises the districts of Moroto, Kotido, Kaabong, Nakapiripirit, Amudat, Abim and Napak, The sub-region has suffered perennial conflicts underpinned by a high level of insecurity, cattle raiding and inter-ethnic violence. The security challenges in Karamoja relate to the negative impact of harsh climatic conditions on livelihoods, porous borders with South Sudan and Kenya, easy access to small arms within the population, cattle raiding and prolonged political and economic marginalisa- tion. 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. Karamoja continues to be plagued by insecurity and intra-Karimojong tensions, all of which tend to mask the underlying and less well known processes of mineral exploration, land grabbing INTRODUCTION 5 Overview B usoga Kingdom is composed of seven politically organised districts that include; Kamuli, Jinja, Iganga, Bugiri, Mayuge, Kaliro, Namutumba and the recently proposed Luuka district. The Kingdom lies under the African tropical region bordering with Lake Victoria shoreline in the South, River Nile in the West, Lake Kyoga in the North and River Mpologoma in the East, located in the Republic of Uganda, East Africa. Her inhabitants are known as Basoga and their history is largely a matter of speculation. However, there are a few facts that emerge from the historical shadows of the past related to the neighbouring tribes, the Baganda located in the West, South and Banyoro in the Northwest direction from Busoga Busoga is a land of peace-loving people who traditionally live in small homesteads. The Basoga (people) subscribe to large communities with similar traditional norms, culture and origin. Their large families or communities are classified as clans and so long as they shared common traditional norms, their sense of freedom would be complete. With these values, the Basoga will live in harmony with each other and to-date they continue to extend such hospitality to their visitors. “The Basoga (people) subscribe to large communities with similar traditional norms” View of the mighty Nile River which is the Kingdom’s lifeline Contiued Next Page 2 Saferworld, ‘Karamoja Conflict and Security Assessment’, September 2010
  • 12. 12 REPORTTOEU-UN  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda and land gazetting, as well as government- driven decentralisation processes which intensify conflicts between pastoralist and agro- pastoralist groups and livelihoods. Community land disputes are widely spread in Karamoja, with continuous acquisition of land in the sub-region for the purpose of establishing game reserves or to commercially exploit minerals such as gold or uranium, some residentsturn against the UWA, local government and commercial investors.   According   to   January   2014   statistics   from   the   DGSM,   currently   51   foreign   and   Ugandan   companies   with   136   concessions, are actively exploring for large mineral deposits throughout the region while estimates also indicate that more than 20,000   Karamajong   women   and   men   are   permanently or seasonally engaged in artisanal and small scale mining (ASM) using crude, hazardous methods as a means of   day-to-day   survival   (ECO,   2011).   Given   these tensions, a solid understanding of the current situation of NRM related conflicts is critically needed. The assessment gathered information in Rupa sub-county on mining licenses, the areas covered by these licenses, verify the level of access to that information by concerned local authorities and communi- ties; the types of land and natural resources related conflicts and their drivers. The key actors, institutions and structures in NRM and Conflict including regional and international mechanisms on NRM and Conflict, the government policies on NRM have been analysed. The study explores the role of Traditional Natural Resources Management Structures and the role of CSO and their level of engagement including assessing their capacity, institutions and structures in mitigating and manag- ing NRM related conflicts. As work of this nature has not been conducted in Rupa-Moroto, the findings of the survey provides an insight into possible mitigation and response mechanisms that could in turn fill a critical gap and improve prevention of land and natural resources from contributing to violent conflict not only in Rupa but in the entire Moroto and the region.
  • 13. 13 REPORTTOEU-UN  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda Objectives The primary aim of the Study was to assess the current situation, challenges and possible solutions regarding actual and potential conflicts related to land and mining activities in Rupa Sub-county, Karamoja. By examining the nexus of mining, land use and management and conflict, the findings will inform the subsequent implementation of the project interventions and will help to formulate integrated strategies for addressing them NRM related conflict. Specific objectives of the Baseline Study: 1. Determine the occurrence and distribution of different mineral commodities and mining activities (exploration, artisanal, small and large scale mining) across Rupa Sub-county 2.  To identify the key NRM conflict drivers in Rupa Sub-county, Moroto District 3. Outline the Mineral Policy and related legislation, institutional roles and responsibili- ties and their interface with land policy, with consideration of their joint and individual applicability given the unique context of Karamoja. 4. Understand the current and potential role of key stakeholders, including local govern- ment and central institutions with respect to addressing NRM related conflict. 5. To make targeted policy and programmatic recommendations to improve responses to the identified NRM conflict drivers and inform conflict-sensitive program- ming by actors operating in Karamoja Contextual Factors: Geography, Demography, NRM and Conflict in Karamoja Region 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. For many decades, conflict and armed violence have undermined development in the region, resulting in some of the lowest poverty, human development and service delivery indica- tors   for   Uganda   (Saferworld,   2010,   p.6).   About  7,506  families  with  a  total  population   of  34,800  people  live  in  Rupa  mineral  rich   sub-county in Moroto district. 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 con- flicts3. The recent disarmament process in Karamoja has significantly reduced gun possession, restored relative peace and 3Civil Peace Service Programme, ‘Assessment of land related conflicts and current interventions in Karamoja’, December 2013
  • 14. 14 REPORTTOEU-UN  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda spurredeconomicrecoveryinsomepartsofthe sub-region4. The return to security has opened the door for many corporations to poke their noses into Uganda’s mineral-rich lands. Karamoja continues to be plagued by insecurity and intra-Karimojong tensions, all of which tend to mask the underlying and less well known processes of mineral exploration, land grabbing and land gazetting, as well as government-driven decentralisation processes which intensify conflicts between pastoralist and agro- pastoralist groups and livelihoods. Acute poverty, poor service delivery, crumbling infrastructure and perceived marginalisa- tion are also described as driving conflict in the sub-region and not having been effectivelyaddressedbycurrentdevelopment interventions. The natives, politicians and opinion leaders in the area warn that serious conflict might emanate from the scramble for resources. From the shabby outposts of Rupa, Bobong, Nakilipa in Moroto district, to Rata in Amudat district and Moruita in Nakapiripirit, gold lies in every tiny pocket of Karamoja, a region, ironically, enveloped in poverty5. Communities describe land disputes as widespread in Karamoja, with acquisition of land in the sub-region for the purpose of establishing game reserves or to commercially exploit minerals such as gold or uranium pitching residents against the UWA, local government and commercial investors6. Land conflicts are evident in areas gazetted as reserves by the UgandaWildlifeAuthority(UWA)anddistrict border areas resulting from the creation of new Districts and the quest for resources and fertile land. Conflicts are also prevalent in mineral-rich areas, between investors, title holders and the communities and in communal land between individuals, sometimes referred to as the elite (educated/prominent Karimojong) and the communities7 Land and Extractive Mineral Sector in Karamoja: An Overview Approximately  61.67%  of  the  land  area  in   Karamoja is Exclusive Mineral Exploration Licenses, Location Licenses and mining licenses however the status of mining, extent of concessions, nature and nature or volume of mineral deposits is not known at district level; Community knowledge has remained very law if at it exists in some areas on mineral rights, land rights, legal issues, environmental issues and advocacy engagements, with investors and leaders at all levels; Investors and Private Companies  estimated  to  be  over  40  com- panies are taking advantage of the community’s ignorance, poverty and 4Saferworld, ‘Karamoja Conflict and Security Assessment’, September 2010 5See Mutaizibwa, ‘Secret gold mining sparks conflict fears in Karamoja’, The Observer, 27 MAY 2012 http://www.observer.ug/index.php?option=com_content&task=view&id=18957&Itemid=114 6Advisory Consortium on Conflict Sensitivity (ACCS), ‘Nothern Uganda Conflict Analysis’, September 2013 7Civil Peace Service Programme, ‘Assessment of land related conflicts and current interventions in Karamoja’, December 2013
  • 15. 15 REPORTTOEU-UN  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda illiteracy to confuse communities with partial or incomplete information to stealthily acquire land in the region; there is no community involvement and consultation over land acquisition or for exploration set by law and where it exists obligatory compensation or royalties to land owners as mandated by law are unpaid due to lack of proof of customary ownership. There is lack evidence of land ownership, the basis of claim and negotiations for the communities with the companies for acquisition or compensation for rights over land is not in place; the intent of government is questioned by communi- ties and the suspicion of selling off the entire mineralwealthoftheKaramojaisalso existent in the minds of the community and it is merely consideredtobelandgrabbing,albeitsanction by either government or those in government; Exploration and mining is based on information from private companies applying for licenses and not understood and appreciated by the local leaders and community who view it as a ploy to grab their land; Local leaders are accusing government of conniving with mining companies to grab land of the Karamojong. These individuals connive with district officials to stealthily survey land (sometimes at night), facilitated by concealable hi-tech handheld digital survey equipment. These transactions are done in utmost secrecy, and quickly   concluded.   Rugadya,   et   (2010:   42)   claimed that Karamojong elites and political leaders, who had access to information about degazettement of PUWR, opted not to share it or publicize it, and instead, used it for political mileage and self aggrandizement,
  • 16. 16 REPORTTOEU-UN  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda securing for themselves hectares of land and personal interests in entities investing in either tourism, mining or commercial agriculture ventures in Karamoja. Ultimately, responsiveness to these critical issues will partly determine whether Karamoja’s mineral endowments can be used as a platform for stability, wealth creation and development while inaction poses the risk of further undermining environmental integrity, human wellbeing, tenuous peace and security and the invaluable cultural assets  that  are  unique  to  the  region.  The  1995   Constitution   of   Uganda   (article   237)   vests   protected areas in government, which holds them in trust for the people of Uganda. Under section  44(1)  of  the  Land  Act,  government   is obliged to protect and conserve natural resources for the common good of the people of Uganda. The dominant social classes mainly target communal lands. They use their positions and power, because of the access to information on investment opportunities, to acquire land likely to be of interest to investors, which they alienate from the customary domain by titling   it.   Although   the   1995   constitution   places all minerals under the custody of the government,  the  2003  Mining  Act  prescribes   that “revenue shall be shared amongst the central government, the local government and the lawful occupants of the land” (section   98.2)   and   that   districts   are   responsible for receiving and forwarding applications for various mineral rights, arbitrating compensation, resolution of disputes and granting of licenses. While most of these valuable minerals remain underexploited, the potential wealth derived from extracting minerals has already sparked tensions in mineral-rich communities in Karamoja; one of these communities is Rupa Sub-county, the location target for this project. So far Government has awarded over seven mining licenses to international and local companies in Moroto district. These include Tororo Cement, African Minerals, India Marble, Jay Magal Gold Mining Company, and Dao among others. Tensions over
  • 17. 17 REPORTTOEU-UN  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda control and benefit of resources tied to land are tangible in Moroto especially in Rupa Sub-county.  For  example,  in  June  2012  two   investors were attacked by a mob as they attempted to off-load equipment for gold mining in Rupa sub-county, Moroto district (Karamoja sub-region)9. Communities that have lived in these villages and grazed their livestock on fields for centuries are routinely displaced to make room for gold and copper mines with little benefit from its extraction. Allegations are emerging that compradors working on behalf of powerful individuals are running an opaque gold mining industry. Exploiting the internecine conflict pitting clans against one another, powerful individuals are said to be carting off vast amounts of gold and other minerals10. The licensing of mineral exploration without adequate community involvement will continue to drive conflict in many parts of the region and escalate as more mineral sites are identified and licensed for exploitation. District land Boards are also culprits over leasing large pieces of land in what apparently appears to be a form of land grabbing trend. In Rupa sub-county, Moroto District, a Christian NGO called the ‘Ministry of Prayers Praise’ had been issued a  lease  for  10,000  acres  of  land  to  construct  a   University called ‘Karamoja University’. This raised eye-brows because the area claimed is rich in minerals, and elders have demanded that the district relocates the proposed university project elsewhere, ‘We are supporting the idea of Karamoja getting a university but we want it to be relocated from where the minerals are because it’s occupying a large part of land where we could do mining’11. In  2009  the  government  concluded  a  World   Bank-funded airborne geophysical study of over   80   percent   of   the   country’s   landmass   9See Ariong, Steven, ‘Investors barred from putting up gold mining plant’, Daily Monitor, 30 June 2012. 10See Mutaizibwa, ‘Secret gold mining sparks conflict fears in Karamoja’, The Observer, 27 MAY 2012 http://www.observer.ug/index.php?option=com_content&task=view&id=18957&Itemid=114 11See Steven Ariong, ‘Karimojong elders stop varsity project’, The Daily Monitor, August 12, 2011 http://mobile.monitor.co.ug/News/-/691252/1217428/-/format/xhtml/-/2mxbsh/-/index.html
  • 18. 18 REPORTTOEU-UN  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda to map mineral deposits12. Due to ongoing security concerns, the survey did not include the Karamoja sub-region. This has fuelled uncertainty and reinforced perceptions of exclusion amongst local communities, generating disputes as investors move into the area for tentative exploration operations. Reports of licenses being awarded to companies away from public scrutiny and of companies operating fraudulently with expired exploration licenses and failing to comply with their obligations towards the local community are fuelling resentment. The sale of communal land to private investors in mineral-rich areas, for example in Moroto district of Karamoja, is also on the rise, and increasingly fuelling conflicts amongst community members and between communities and local government officials and investors. Residents have fear of having their land taken by investors and the government, with reports of “secret surveys” being carried out on their land. Investors showing up to begin mining exploration activities without previous knowledge of the local residents, fuels resentment and mistrust13. Although large areas are covered by exploration rights (and a few sites are licensed for extraction of limestone and marble) the reality of exploration and distinctions between “surface rights” and “mineral rights” is often misunderstood and a source of conflict at local levels14. Nevertheless, in Karamoja as found across Uganda, areas are often rapidly picked up by speculative exploration companies leaving little opportunity to legalize ASM activities. Other factors contributing to over  85%  of  ASM  operating  outside  of  the   legal framework seems to include lack of awareness and capacity to obtain a license (including cumbersome bureaucratic procedures and complex legal demands), unclear and/or discriminatory land tenure systems contributing to a lack of local responsibility for sustainable mining stewardship; communities’ perception of lack of benefits from legal operation to balance legal obligations; policy and legal gaps making illegal operations more profitable than legal activities; weak law enforcement and inadequate penalties for illegal operators when caught (in particular mineral dealers); and, potentially, a perception among miners that the law is unfair and out of touch with reality15 Most mineral trade is illegally transact- ed across the borders representing gross revenue loss to the government and the regional economy. Gold in the region is reportedly purchased by Somalis and, to a lesser extent, Kenyans. Also cross border with South Sudan (links between gold and the  arms  trade  is  suspected).  However,  since   most ASM is unlicensed, there is a problem tracking such illegal practices. The protract- ed insecurity situation in the region seems to have given rise to powerful actors that may engage in lucrative illegal mineral trading given the relative ease to “get away with it”. Thus, artisanal miners in Karamoja may also be operating illegally because they may feel they have no choice . 12Department of Geological Survey and Mines, ‘Uganda: Mineral Sector for National Economic Development’, www.uganda-mining.go.ug/dgsm- flyer-low-res.pdf. 13Advisory Consortium on Conflict Sensitivity (ACCS) 2013: Northern Uganda Conflict Analysis. http://www.saferworld.org.uk/downloads/pubdocs/ accs---northern-uganda-conflict-analysis-report.pdf 14Ecological Christian Orgainisation (2011): The Mining and Mineral Sector in Karamoja region: Development Opportunities and Constraints. 15 Ecological Christian Orgainisation (2011): The Mining and Mineral Sector in Karamoja region: Development Opportunities and Constraints.
  • 19. 19 REPORTTOEU-UN  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda The research presented in this report is based primarily on assessment conducted by ECO, ACODE and RIAMRIAM staff  between  December  15th,  2013  to  February  24th,  2014.  The   research team conducted interviews in Rupa sub-county and Moroto town in Moroto district; and at national level in Kampala   and   Entebbe.   We   collected   qualitative   data   in   11   semi-structured   focus   group   interviews   comprising   of   175   community   members   (100   male   and   75   female   participants)   in the parishes of Rupa, Lobuneit, Mogoth, Nakadeli and Pupu. Villages with an eye to variation in natural resource access and exposure to conflict and highly exposed to NRM related conflicts were purposively selected for interviews. These communities were: Nakabaat, Nakiloro for gold mining; Rata,   Lomareo   for   marble&   gold;   Musupo,   Naturumurum,   Kadilakeny, Lokitela’kapes, Akwapuwa and Kalenyo for land use in relation wildlife reserves. For community interviews the interview guides were conducted in N’gakarimajong using the translated interview guides. 2. METHODOLOGY 16 Ibid
  • 20. 20 REPORTTOEU-UN  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda The team also conducted interviews with the members of Moroto District Mineral Watch Platform,  as  well  with  35  representatives  of   national and international nongovernmen- tal organizations, United Nations agencies, soldiers of the Uganda Peoples’ Defense Forces,UgandaPolice,miningcompanies(DAO Africa Limited and Jan Manga Uganda Ltd), journalists, and other persons with knowledge of land and minerals in Rupa and Karamoja. A final round of validation and consen- sus-building workshops was held in Moroto  on  12th  March  2014,  where  the  draft   findings of the report were presented and discussed with key stakeholders in the field. Participants from local government, civil society and communities endorsed the findings as well as contributing to the sub-regional and local levels of analysis with specific recommendations. This report also draws on synthesis and analysis of secondary data Maps and reports from the Dept. of Geological Survey and Mines describing status of mining in Rupa, Moroto and Karamoja in general, inclusive of the concession holders (exploration and mining licenses), distribution of minerals, officially reported production (primarily limestone and marble), unofficial estimates of “illegal” mineral production of gold and number of artisanal miners; Land and Mineral Policy and Legislation, inclusive of a
  • 21. 21 REPORTTOEU-UN  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda recent Statutory Instrument to revise royalty17 sharing arrangements to increase percent- age sharing benefits to local land owners and recently   approved   2013   national   land   policy   for Uganda. This is particularly significant to Karamoja where the “land owner” definition (subcounty versus clan) has not yet been well defined. The EU-UN Guidance Notes on addressing NRM and conflict prevention. These Guidance Notes included: (i) Land and Conflict (ii) Extractive Industries and Conflict (iii) Renewable Resources and Conflict, (iv) Strengthening Capacity for Conflict-Sensitive Natural Resource Management. Source of data also included Moroto District and Rupa Sub-county Development Plans and a number of other development agencies’ study reports and press monitoring related to conflict, land and natural resources in Karamoja Region. 17 A royalty is essentially a tax imposed on mineral production. While technically this is to be collected by the licensed mineral right holder (producer), in the case of unlicensed artisanal mining, this is often deferred to a licensed mineral dealer (buyer) upon declaration of intent to export (in the case of gold).
  • 22. 22 REPORTTOEU-UN  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda 3.1 Natural Resources Prioritization Respondents mentioned that the existing key natural resources in the community included: Land, minerals, pasture, water, trees, soil, gardens and wild fruits. The respondents were asked to rank, the natural resources most important to their lives and livelihoods; Focus Groups Discussions overwhelmingly prioritized land, minerals, pasture, water and trees. Land is the most important resource. Land, water, pasture and minerals co- exist and all these natural resources are found on the land, which makes it the most important18. Water is very important to our animals and us. It can be used for crop and tree irrigation, bathing, washing clothes and utensils, cooking and making local brew, building bricks and smearing huts among others19. Gold, Marble, Limestone, redganets, granites, sand, gravel, and other precious stone that we don’t know are 3. NATURAL RESOURCE MANAGEMENT AND CONFLICT IN RUPA 18 Key informant interview with office of the DPC Moroto Superintendent of Police Obia George 15th Feb 2014 19Community FGDs, Nakiloro Village (translated from Karamojong)
  • 23. 23 REPORTTOEU-UN  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda some of the minerals that exist in this area. These minerals, especially Gold, limestone and marble, are very important to communi- ties in income generation20. We also use the stones for grinding food21. We use pasture for grazing animals and animal feeds, even wild animals feed on the pasture. During thatching of our manyattas and protecting granaries, we use grass and shrubs. We also eat some shrub species, which are medicinal. Never the less most of the time trees are used for charcoal burning and fuel wood22. Forests or trees are ranked highly for a number of uses including: firewood, charcoal and poles for sale. The trees also provide us material for fencing kraals, manyattas and water troughs. They are also considered sacred when identified as akiriket; shaded sacred groves for elders’ decision-making and community ceremonies. We eat tree leaves and fruits and our animals feed on them too. In treatment of a number of diseases some trees are used as medicine23. Wild fruits are important resources for meeting our feeding, nutrition and medicinal needs. We highly value these fruits. But all these exist on the soil but soil is also valued for crop cultivation, plastering manyattas among others24 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   companies  with  44  concessions  (35EL,  5LL,   3ML  &  1SML)  covering  a  total  land  area  of   3772,43sq.km  (Annex  One).  By  comparison,   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-county25.   There   are   currently   10   Mining   companies   with   22   mineral   concessions   (1   ML,   2   LL   and   19   EL)   in   Rupa  only  (Table  1).  However,  the  natives,   politicians and opinion leaders in the area warn that serious conflict might emanate from the scramble for resources. Local people say that it is not clear how investors come to invest, especially those who are clearing whole mountainsides or fencing large areas. There are companies from India and the Gulf, as well as contractors from other parts of Uganda26.   20 Key Informant Interview with Deputy CAO Moroto 17th Feb, 2014 21 Community FGDs, Kadilakeny village (translated from Karamojong) 22 Community FGDs, Nakabaat village (translated from Karamojong) 23 Interview with Opinion Leader Naturumurum village (translated from Karamojong) 24 Community FGDs, Musupo village (translated from Karamojong) 25 This was computed from the data provided by DGSM on Mineral Concession Holders as of 31st January 2014. 26 Karamoja Action Research Team, Patta Scott-Villiers, “Eki and Etem in Karamoja: A study of decision-making in a post-conflict society”. 2013 3.2 Land and Mineral Exploitation
  • 24. 24 REPORTTOEU-UN  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda Type # License holder Location Granting date Expiry date 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 0805 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 0806 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 0808 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 0809 Gold Hunters Limited Kampala 7/25/11 7/24/14 26/2. Kaabong Gold and Base Metals 54.00 1,080,000 EL 0810 Gold Hunters Limited Kampala 7/28/11 7/27/14 26/2 & 27/1. 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 10/19/1 4 27/3. Moroto Limestone/Marbles 36.90 740,000 EL 1001 Jan Manga (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 EL 1207 Aljouda Mining Company Limited Kampala 10/14/13 10/13/1 6 27/3 Moroto Limestone, Gold & Base Metals 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 LL 1210 Sikander Meghani Kampala 10/17/13 10/16/1 5 27/3 Moroto Gold 0.11 250,000 ML 1129 Jan Manga (U) Ltd Kampala 4/18/13 4/17/34 27/3&4 Moroto Gold 74.20 148,400,000 Table 1: Exploration and Mining License Holders in Rupa Sub-county as of January 31st, 2014 27 Source: Ministry of Energy and Mineral Development, MEMD), Department of Geological Survey and Mines, DGSM), 31st January, 2014 3.3 Patterns of NRM related Conflicts The recent disarmament process in Karamoja has significantly reduced gun possession, restored relative peace after decades of inter-clan and inter-tribal cattle rustling. However,  this  peace  is  confronted  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 mineral relatedconflicts28.DiscussionswithcommunitiesinRuparevealedthattheyareconfrontedby 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 27 Ministry of Energy and Mineral Development, MEMD), Department of Geological Survey and Mines, DGSM), 31st January, 2014 28 Civil Peace Service Programme, ‘Assessment of land related conflicts and current interventions in Karamoja’, December 2013
  • 25. 25 REPORTTOEU-UN  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda themselves interacting with other groups, individuals, communities, state or corporate actors on issues related to land and mineral resources and these included29: •   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  compa- nies and communal land resource users •   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 investors30 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) 29This 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. 30 Investors imply mining companies and individuals who are either mining or prospecting
  • 26. 26 REPORTTOEU-UN  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda 3.4 Drivers of conflict related to Natural Resources Management 3.4.1 Land related conflicts The end of armed conflict in Karamoja has opened up economic opportunities but the region continues to be affected by disputes over land and natural resources, including oil, gold, timber, and the agricultural potential of the soil. Rupa sub-county is not immune to these current land related conflicts. The question of land was never an issue in the past free Karamoja. People would grow maize or sorghum anywhere and graze animals anywhere any time with- out restriction. But this has changed as people fight each other over land. Now that there are minerals all over this land, the situation has worse and will continue to be hopeless because land has become an issue of life and death on this soil31   Land and minerals were reported by the respondents, as the key drivers of conflict in Rupa and the community interviews revealed that the current conflicts which revolved around land and mineral will even become worse if nothing is done to change the situation for now and in future. “The entire sub-county is covered with Gold, Marble and limestone and other minerals which we don’t know more so the land on which these minerals are found is big. The conflict we currently experience revolves around land and minerals as there are many speculators and insecurity of tenure is widespread because land is communally owned. As investors move in to exploit these resources, conflicts over land and minerals will continue to increase even beyond what we are experiencing”32. 31 Focus Group Discussion, Rupa 32 Focus Group Discussion, Rupa
  • 27. 27 REPORTTOEU-UN  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda The conflicts are evident between the investors and communities where mining and prospecting are taking place sometimes driven by speculation and rumours over unclearlandacquisitionbytheinvestorsand how politicians made a kill in the mining or prospecting deals, unfulfilled promises and obligations by investors in terms of royal- ties 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. One respondent noted: …the  fencing  off  of  big  chunk  of  land   by  Jan  Manga  in  Rupa  has  scared  away   some   local   miners   in   Rupa   and   there   is   latent  conflict  between  the  two  parties33.   The study further revealed that the sale/ lease of communal or customary land is considered an infringement on common interest and readily triggers conflicts. Land remains an important factor in shaping the socio-economic and political relationshipsbetweenindividuals,investors, and the state. The difficult transition from customary land to private ownership, coupled with a lack of knowledge amongst many ordinary citizens about land legislation and the difficulty in obtaining property titles is a common source of conflict in Rupa. “Land conflicts and disputes are so many and are even becom- ing too many for us to document. They are complex for example; before you respond to an investor who needs surface rights, you have community elders/members claiming land ownership without proof of ownership since it doesn’t exist in communal land ownership. Then the next day you hear cases of communities complaining about investors who come and go without consultation. The investors expect us to endorse prospecting and exploration licence applications in the shortest time, which limits scrutiny of the documents. On the other hand you have the conflicting law between land usage/owner- ship and surface rights... and so muchmore. All these day to day experiences make the mineral and land issues very complex with disputes that become almost impossible to handle given the magnitude and the frequency within which they occur, many times it difficult to reach a consensus with different conflict parties”34 Respondents in Rupa sub-county cited Land and boundary disputes/ contested boundar- ies to be one of the conflict drivers. “All you see around is conflict; this is between families, institutions like local govern- ment, churches, schools, investors and the community. It is all originated by boundary disputes, complete ownership issues and sharing of proceeds from the natural resources”35 . There are a number of conflicts in the area; Rupa and Katikekile sub-counties have a dispute of over boundaries because of the minerals. This is a conflict that existed before the minerals were discovered but the presence of the minerals has intensified the disputes. We have been trying to help resolve this issue together with the ministry of land and local authorities but with little success”36. 33 Key Informant Interview, Moroto town 34 Key Informant interview with an official in Moroto local government 35 Key Informant interview with Office of the DPC Moroto Superintendent Police Obia George 15th Feb, 2014 36 Key Informant Interview with Deputy DISO Moroto Charles Muhanguzi 17th Feb, 2014
  • 28. 28 REPORTTOEU-UN  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda 37 Key Informat Interview Moroto 38 Interview with Lokeris Paul, an elder –Kadilakeny village Cases of the boundary disputes were also cited to be between mining compa- nies holding different concessions. Some respondents also noted the presence of conflict between the investors themselves, though they feared to mention an example for security reasons. The conflicts come from unclear demarcation of the areas of jurisdiction for their activities. The same respondent noted that the conflicts are not easy to resolve because of the fragile nature of the actors. “They have immunity, come in unclearly, some could be armed and in fact we are not sure of who we are dealing with”37. There exists conflict between the commu- nities and government and their agencies like Uganda Wildlife Authority and National Forestry Authority in some areas. The UWA protected areas for the establish- ment of national parks or natural reserves, is seen by the community as an attempt which prevent or limit access to traditional sources of livelihoods for the community members. The conflict between the UWA and residents of Rupa is a dispute over access to Lotithan and Kobebe. Extension ofUgandaWildlifeAuthority(Nayoko’tiang) to areas with high potential of crop and livestock production is one of the causes of conflict over land use in communities. “The Authority has taken away lands where we would farm and graze our livestock. This has also prohibited us from settling in such fertile lands. ‘Kobebe is our cradle land, but because of insecurity, we moved to this present place called Kadilakeny village. After the gun was taken away, govern- ment allowed us to go back to our former homesteads. There was a big challenge of water for both human and livestock. Through our elected leaders, we requested government to construct a dam and Kobebe dam was constructed. All this time round UWA was nowhere to be seen and we settled with our small crop fields and grass thatched shades, UWA came in and harassed us by burning our shades and destroying our crops claiming that we had encroached in the wildlife reserves. We were forced to come back to Kadilakeny area where we are not sure how long we will stay because we are told some minerals have been discovered”38 Respondents further reveal that there seems to be a preference of wild life to stay in Lotithan by the government other than the people-who are trying to resettle after the conflict. Community members knew of the Bokora-Matheniko Game Reserve, but little did they know of Lotithan gazetting, a place they claim to be their land. The area is suitable for agriculture and grazing with water points like Kobebe dam. One respondent from Rupa noted: …the issues with NFA and UWA are a serious cause for conflict over access and utilisation of the land and water points, given our background this is a very serious issue that deserves attention before it gets out of hand. For instance we are the ones who chose Kobebe for the construction of the dam, then how can it considered part of thereserve”.Whereasthecommunitymem- bers’ claim is based on tradition, livelihood and ancestral right, the Wildlife Authority invokes legal statutes and the necessity for conservation for these disputed areas.
  • 29. 29 REPORTTOEU-UN  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda 3.4.2 Mineral related conflicts 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. “Officials of any company got carrying Karamoja minerals this month will be arrested,” resolved the councilors. Mr. Joseph Otita, the councilor for Rupa Sub-county, told the council that a big chunk of land in Rupa, a mineral-rich area, has been gazzetted by unknown people and that some of them have already processed land titles without the knowledge of the local community and the district39. Community members expressed con- cern over insufficient consultation and participation of local communities in the process of exploration and exploitation of resources found in their land as it is creating resentment and driving conflicts across the area. “We  have  been  mining  Gold  in   Nakabaat  for  many  years  even  before  the   coming   of   the   foreign   companies,   when   they  came  they  quickly  set  up  permanent   buildings  and  water  facilities  for  themselves   midway   between   Nakiloro   and   Nakabaat.   No  one  informed  us  about  their  coming  but   we  then  moved  away  from  that  area  deep   down  the  valleys  were  we  finally  settled  to   continue   with   the   mining.   After   few   months  we  were  then  told  to  move  further.   Unfortunately  some  of  the  people  who  would   have   defended   us   instead   were   moving   with   them   and   they   played   a   big   role   to   convince  us  that  the  investors  were  directed   by  government  to  come  and  develop  the  area   by  extracting  gold.  We  now  stay  here  but  we   feel  insecure  and  always  in  fear  and  under   threat,  thinking  that  any  time  we  may  be   told  to  move  further  and  further.  Surprisingly   we  are  not  even  allowed  to  use  the  water   points  the  companies  have  set  up.  They  have   support  of  the  army  and  some  selfish  local   leaders”40 Such irregularities have fuelled uncertainty and reinforced perceptions of exclusion amongst local communities, generating disputes as investors move into the area for tentative exploration operations. 38 Interview with Lokeris Paul, an elder –Kadilakeny village 39 See Ariong, Steven, ‘Moroto council suspends all mining activities’, Daily Monitor, 15 September 2011. http://www.monitor.co.ug/News/National/- /688334/1236554/-/bj8jxsz/-/index.html 40 Interview with local miner in Nakabaat Village
  • 30. 30 REPORTTOEU-UN  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda 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) too conflict due to need for controlling mining activities, land, unclear terms of operation and, the perception that investors come to know of the minerals before   the   local   people   How   come   the   people from Kampala know about minerals other than us the locals?41. While another noted: In all the conflicts perceived and experienced land is very critical, in fact as people are looking for where to settle, animals too have no where to graze, it’s saddening42 The experience of Nakabaat local miners with mining companies as told by Awosit Marita is harsh ‘besides sending us to the valleys, the investors don’t allow us to use the water they have piped all the way from Nakiloro river down through to Nakabaat mining site. Life is very challenging for us in this area especially in this dry season of the year. The popula- tion of the three different communities in this place is growing steadily and yet we have no source of basic necessities of life. This is a very bitter experience; we feel we are being treated unfairly in our own land’. Price control is also a major cause of conflict over minerals in Nakabaat and other mining communities in Rupa. A few monopolies/ buyers over-bargain to meet their selfish interest while exploiting the local miners. According to the local miners, “We have had many cases where an increase or decrease in the price of gold has been a source of conflict as one buyer wants to out compete the other. Police always comes in settle such disputes, buyers and miners always fight because of the slight change in the prices. We always feel cheated especially by one buyer who always does not want other buyers on the scene”43. We fear to complain for any basic services including low prices set by the few monopolies (gold buyers) that claimtheyareallowedbygovernmenttocome and buy gold from us. Many of them have strongprotectionfrompolice/armyofficers”44 Respondents from all the FDGS claimed these conflicts are the responsibility of government, 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, gazetting, degazzeting, access and compensation, concessions, royalties and other information related to land and mineral issues. We are told that Musupo, which is a forest reserve yet we hear part of it, was given to the investors. There was no consultation with the local people when the land was being allocated. It was also noted that the local leadership at districtlevelareresponsiblefortheconflictin Musupo because they don’t inform the local community of the coming of the investors, community members are surprised when investors come being directed by local leaders to such places of interest. 41 FGD interview, Rupa Parish 42 FGD interview, Rupa Parish 43Interview with Awosit Martina a local miner – Nakabaat village. 44Interview with local miner in Nakabaat Village
  • 31. 31 REPORTTOEU-UN  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda The local government and other government agencies are argued to address these many complaints and confusion through continuous dialogue. The local government asserts that they are sometimes blamed with no clear basis yet some conflicts are a result of 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 they are perceived with suspicion by local communities which leads to conflicts. “The gazetting of the Matheniko game reserve also caused a conflict because the community wants the land especially because of the minerals. The Tepeth claim the boundary is in the valley and the Matheniko claim the boundary is on the foot of the mountain. This conflict is mainly because of mineral extraction and they are both fighting for ownership of the land that has more minerals. Tapach is too is accusing Local government of not giving them a chance to manage their resources. But the district says that it’s the central government in charge. There is an as- pect of ignorance that needs to be sorted;
  • 32. 32 REPORTTOEU-UN  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda the people need to be enlightened. The challenge however is the community confronts the local government instead of asking. From the ground analysis it is not logical for the sub-county to accuse the local government. They should instead ask government to pay them their royalties”45. The general misinterpretation or poor understanding of the land and mining laws seems to increase mineral and land related conflicts.   Although   the   1995   constitution   places all minerals under the custody of the government,  the  2003  Mining  Act  prescribes   that “revenue shall be shared amongst the central government, the local govern- ment and the lawful occupants of the land” (section  98.2)  and  that  districts  are  responsible   for receiving and forwarding applications for various mineral rights, arbitrating compen- sation, resolution of disputes and granting of licenses which is information that the local people lack. The struggle for mining holes is manifest in the mining sites because of the increasing population. Since the disarma- ment was completed, people have spread out from where they were confined, going back to their places. This movement has increased the pressure on land and revealed disagreements between those who have claims to it; a case in point is the Karimojong and the Uganda Wildlife Authority (UWA). The increasing population has further led to increased pressure on other resources like water. And exploitation of minerals and land use are seen as a major cause of conflict. “The population in Nakabaat is growing rapidly, as a result local miners struggle for mining sites. And in some other areas the land and minerals have been sold yet we thought we would settle their, UWA is on alert to arrest any one who goes there”46. Reports of licenses being awarded to companies away from public scrutiny and of companies operating fraudulently with expired exploration licenses and failing to comply with their obligations towards the local community continue to upturn 45 Key Informant interview with office of the DPC Moroto Suprintendet of Police Obia George 15th Feb 2014 46 Interview with Natur Teresa, a local miner, Kadilakeny village
  • 33. 33 REPORTTOEU-UN  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda resentment. “Involvement in unclear deals by investors intensifies conflict; initially some other investor had the prospecting licence which he sold to Dao and got a dealers licence. Such an event causes confusion in the community if they don’t come out clear though the law does not prevent the investors from this kind of dealings47. The sale and lease of communal land to private investors in Rupa is also on the rise, and increasingly contributing to conflicts amongst community members and between communities and local government officials and investors. Participants described residents’ fear of having their land taken by investors and the govern- ment, with reports of secret surveys being carried out on their land. They noted that investors showed up to begin mining and exploration activities without previous knowledge of the local residents, which fuels resentment and mistrust “…. Whatever companies are working on is not clear even to the district leaders, CSOs and the communities. We just see graders clearing the land and not even our elders are informed. They come in with a lot of immu- nity and exploit the ignorance of the people for their benefits”48 Lack of transparency and inability to share information with the public about such transactions is a recipe for anger amongst communities. Unclear property rights and restricted communication as well as lack of representation, consideration and protection for traditional resource users (e.g. pastoral- ists and small scale and artisanal miners) are a common cause of conflict. According to the study findings, the licensing of mineral exploration without adequate community involvement will keep driving and escalat- ing conflicts in many parts of the region as more mineral sites are identified and licensed for exploitation. Regarding the question on whether or not, local communi- ties are consulted when it comes to land use and  minerals;  of  the  ten  FDGs  in  10   47 Key Informant interview with office of the DPC Moroto Suprintendent of Police Obia George 15th Feb, 2014 48Key Informant Interview in Moroto town.
  • 34. 34 REPORTTOEU-UN  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda villages consulted by the research team only one FGD could explain how the investors get access to the land. In Namoru-Pokoi (a newly discovered mine in Naturumrum village), the experience was that there was a company (an Indian) that consulted the community but only twice to beg the community to allow them to access this area in order to extract marble. “We said no because we would not want to sell our land to such people. The company was not satisfied with our decision and promised to come back later to adequately discuss with us, only to our surprise a different company in the names of Alhajji has accessed Namoru-pokoi area this time. We were not aware of this”49  .   An except is Musupo whereby the participants reported some levels of community consultation. The local leaders (LC  1s  of  3  villages  and  an  opinion  leader)   who were among the participants testified that the community was consulted about DAO Africa Limited a marble company. A number of times community dialogue was held to inform the local community of their intention. They also promised in writing to support the communities by constructing basic facilities of schools, health centers provide employment for the local population and construct a housing facility for elders worth   UGX   300,000,000.   “Eight   (8)   of   our   elders including district local authori- ties   were   invited   by   DAO   &   Jan   Manga   mining companies to Kampala to discuss how the company’s presence in the area would benefit the communities. All was agreed upon and sealed through documen- tation and signing of the agreement but nothing has ever happen”50  . “There are complaints from the community about investors who promise to do a number of things to get the community cooperation. They just disappear with the precious stones without fulfilling their prom- ises. Abuse of the licenses is key in driving conflict besides the other origins. It is said that Dao Africa Limited was initially selling a product that it had no right to sell since it did not have a mining licence at the time.”51 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. In Rupa, the foreign presence of Jan Manga Limited has prompted mistrust among locals. It is popularly assumed that the benefits will flow toward the wealthy, leaving the poor even poorer. “We don’t know where the gold is going, we only hear the land is sold to investors and we are afraid we will not see any benefits from the gold. At least if the landowners are able to build their permanent houses as a result of gold, then we would see the impact of Gold. Lokora for instance has no schools and it would be nice to have the investors in the areas put up a school. The situation is horrible and wanting as the locals have nothing to show from Gold”52 49 Interview with Lokol Losigiria – an opinion leader of Naturumurum village. 50 Interview with Mzee Ochwe Zachary – LC 1 Musupo Village 51 Key Informant interview with office of the DPC Moroto Suprintendent of Police Obia George 15th Feb, 2014 52 Key Informant Interview with employee at the gold mine Jan Mangal 15th Feb 2014
  • 35. 35 REPORTTOEU-UN  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda “There is almost no schools in the sub-county of Rupa and ignorance is so high. Some people use caves as their shelter without caring about the risk of getting killed when it rains. They hide their money instead of using it to develop themselves. Despite the risks that come with mining there are no hospitals or health centers near the fields and the few that survive the injuries incurred are taken care of by the NGOs come to their rescue in the mines. There have been some deaths and injuries incurred in caves but people still go there”53. Some general causes of conflict gathered from the respondents included the geographical nature of Karamoja which has been exploited for unhealthy reasons like cattle rustling, arms trafficking, and avoidance of disarmament all leading to resolving conflicts in the region. Another respondent analysed the conflicts in Karamoja in a historical perspective giving the background of colonization that involved sharing border lands with Kenya and South Sudan, the government grabbing of land and giving it to wild life in anticipa- tion to curb rustling and ease disarmament which were good intentions but have led to latent conflict amidst the relative peace. Central government officials often appropriate taxandroyaltyrevenuesfromminingcompanies without adequately consulting and compensat- ing communities. This mismatch is closely tied to the absence of democratic or participatory decision-making processes and fuels conflict. In some communities according to a district official there is livelihood insecurity, he preferred anonymity as he described the situation; …there is a time bomb as unknown people are taking unknown land as people are sleeping, by the time they wake up all the land will have been taken. Poverty was noted as a significant driving factor in all these land conflicts, and the increasing commercialisation of land, teamed with communities’ growing realization of its worth, is dramatically increasing land disputes. Widespread extreme poverty and a complex tenure system leave communi- ties vulnerable to property rights abuses and exposed to a growing risk of violent conflicts. 53 Key informant Interview with employee at the gold mine Nakabat 15th Feb 2014
  • 36. 36 REPORTTOEU-UN  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda 4. KEY ACTORS, INSTITUTIONS AND STRUCTURES IN NRM AND CONFLICT 4.1 Introduction There are various actors, institutions and structures in Natural Resource Management and Conflict54. The Fig.1  below  shows  the  different  levels  of  interaction   among regional and national actors, institutions’ and structures’. The structures are perceived as the laws and principles, while the institutions are the formal legal persons like the regional economic bodies. They are interrelated which affects their relationship accordingly. The cloud call out sign shows the structures. The dotted blue shows the relationship between predominantly national level actors, institutions and structures. The dark shows the deep relationship among the actors at continental level. The green oval institutions and their structures feed into the orange oval major actors and vice versa. 54 USIP(2010) Measuring Progress in Conflict Environments Eds John Agoglia et-al, looks at % of natural resources brought under transparent government regulation, compliance with International standards and level of investment in public and private sector in natural resources as key indicators in Natural resource bases conflicts.
  • 37. 37 REPORTTOEU-UN  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda Fig.1  The  regional  and  national  key  actors,  institutions  and  structures  in  NRM  and  Conflict Continental-EU/UN,AU (Regional Economic Bodies National Central and Local Government Private Investors Policies Community Intergovernmental (IGAD, EAC, Lokiriama) Statutory bodies (UWA,NFA) Ministries (Energy and Mineral Development, Water and Environment, Lands, Housing and Urban DevelopmentCustoms and National Laws Acts and Regulations Treaties, Protocols and Charters Protocols Formal and Informal structures Constitution, Acts, Byelaws Constitution CSOs Acts and regulation s Source: Secondary and field data, Illustration by Tom Balemesa
  • 38. 38 REPORTTOEU-UN  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda Below is the local level actor analysis (Rupa Sub county). 55 Source: Field Data, illustration by Tom Balemesa K The government occupies the central role due to its mandate Media plays a facilitating role for all actors There exists a perceived and observed broken relationship between CSOs and Local Government, Government, Community with local leaders and Government of Uganda, Community and their local leaders, NFA and Community. There is bad relationship between warrior groups, Government of Uganda and Communities, Investors and Communities There is a direct relationship between customary institutions and Community There is observable and perceived good relationship between the different agencies of government The connection between Investors, Government and NFA was not clear There was a mixed relationship between CSOs and Community. NFA Warrior groups CSOs UWA Local Government Investors Community Government of Uganda Community Leaders Customary institutions Media Media Media Media Media 55 Design adopted from Africa Center for Constructive Resolution of Disputes (ACCORD) (2002), Transforming Conflict Facilitators Reference Manual, Durban South Africa and Miall, Ramsbotham and Woodhouse (1999) Contemporary Conflict Resolution. Wiley Publishers.
  • 39. 39 REPORTTOEU-UN  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda Natural resources are an important component in understanding the nature of conflict in Africa because of their effect on such conflict. Arguably, natural resources are embedded in an environment, geographic, geopolitical and interdependent space where actions by one individual or group may generate effects far beyond specific localities or even national jurisdictions. This is particularly true of shared trans-boundary resources as the term is widely understood56. It’s from this background that regional and international mechanisms on natural resource management and conflict shall be discussed. 4.2.1 The East African Community The  East  African  Community  came  into  existence  in  Arusha  on  30  November  1999.  The  Treaty   entered  into  force  on  7  July  2000  following  the  conclusion  of  the  process  of  its  ratification  and   deposit of the Instruments of Ratification with the Secretary General by all the three Partner States57. The East African Community has a protocol on Environment and Natural Resources Management  that  came  into  force  in  April  2006.  Particularly  there  is: Art.7  on  Co-operation  on  Environment  and  Natural  Resources  Management, Art.18.  on  Management  of  Mineral  Resources  for  which  Section1  states,  The Partner States shall develop and harmonise common policies, laws and strategies for access to and exploitation of mineral resources for the socio-economic development of the Community. Article   22,   Management   of   Rangelands,   Article   23,   Combating   Desertification   and   Mitigating Effects of Drought58. The East African Community too has in place a protocol on Peace and Security  that  came  into  BM8I  V    force  in  February  2013.  Its  scope  of  operation  is  shown  below  in  Box  1: 4.2 Regional and International Mechanisms on NRM and Conflict In this protocol the scope of operation includes: a) conflict prevention, management and resolution; (b) prevention of genocide; (c) combating terrorism; (d) combating and suppressing piracy; (e) peace support operations; (f) disaster risk reduction, management and crisis response; (g) management of refugees; (h) control of proliferation of illicit small arms and light weapons; (i) combating transnational and cross border crimes; including drug and human trafficking, illegal migration, money laundering, cyber crime and motor vehicle theft; (j) addressing and combating cattle rustling; (k) Prisons and Correctional Services including exchange of prisoners, detention, custody and rehabilitation of offenders. 56 Philip Arthur Njuguna Mwanika • ISS Paper 216 • SEPTEMBER 2010 Natural Resources Conflict Management Processes and Strategies in Africa 57 http://www.eac.int/index.php?option=com_content&view=article&id=44&Itemid=54 58 http://www.eac.int/index.php?option=com_docman&task=doc_view&gid=5&Itemid=163
  • 40. 40 REPORTTOEU-UN  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda Below are some of the articles in the protocol and some of their provisions; Article   4   -   Conflict   Prevention,   Manage- ment and Resolution has the following subsections related to 1.   The   Partner   States   undertake   to   develop an East African Community conflict prevention, management and resolution mechanism. 2.     For   purposes   of   paragraph   1,   Partner   States shall manage and seek to resolve any dispute or conflict within and between two or more Partner States or with foreign countries by peaceful means. 3.   The   Community   may,   in   consultation   with the United Nations Security Council and the Peace and Security Council of the African Union, offer to mediate in disputes or conflicts within and between two or more Partner States or with foreign countries. Article.13   Preventing   and   Combating       Cattle Rustling for instance has the following subsections: 1.     The   Partner   States   that   do   not   have   policies and laws to prevent and combat cattle rustling agree to develop and adopt policies, law and strategies to achieve this. 2.    The  Partner  States  agree  to  harmonise   their policies, laws and strategies to prevent and combat cattle rustling59. 4.2.2 The Inter-Governmental Authority for Development It is another actor, institution with structures regarding Natural Resource Management and Conflict. The institu- tion has the Conflict Early Warning and Response Mechanism (CEWARN) since 200260. This is a collaborative effort of the sevenIGADMemberStates(Djibouti,Eritrea, Ethiopia,Kenya,Somalia,SudanandUganda) targeted at mitigating and preventing violent conflicts in the sub-region. Through its national network of governmental and non-governmental stakeholders – Con- flict Early Warning and Response Units (CEWERUs); National Research Institutes (NRIs) and Field Monitors (FMs), CEWARN undertakes its conflict early warning and response function in three clusters or pilot areas. These are the Karamoja Cluster (covering the cross-border areas of Ethiopia, Kenya, Sudan and Uganda); the Somali Cluster (covering the cross-border areas of Ethiopia, Kenya and Somalia) as well as the Dikhil Cluster (covering the cross-border areas of Djibouti and Ethiopia)61. A cluster meeting focusing on Karamoja was hosted by Janet Museveni with Cluster affairs from Ethiopia, Kenya, South Sudan and Uganda convened in Kampala’s Munyonyo   Commonwealth   resort   on   14   October  2013.  The  meeting  concluded  with   the launch of an annual ministerial forum as well as a collective commitment on 59 East African Community (2013) East African Protocol on Peace and Security, p.12 60 http://cewarn.org/index.php?option=com_content&view=article&id=51&Itemid=53 61 Ibid
  • 41. 41 REPORTTOEU-UN  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda harmonizing peace, security and development initiatives across the Cluster. In the same meeting  was  a  12-point  communiqué  issued   by the meeting, ministers committed to the establishment of strong institutional arrange- ments that ensure multi-state coordination and harmonization of interventions 4.2.3 TheLokiriamaPeaceAccord This  was  signed  in  December  1973  as  another   initiative that was brokered between the Turkana people of Kenya and the Matheniko of Uganda. Inter-tribal conflict amongst the two pastoral communities between the Kenya Uganda borders characterized by armed clashes that led hundreds of lives being lost informed the crafting of the peace accord. The need to co-exist peacefully was greatly influenced by the tragic Nakiloro River encounter between the two communities where hundreds perished. For many years, a fore mentioned communities had engaged in violent conflicts mostly over the access and control of the resources revolving around livestock and pasture.62 As a result of the peace treaty, the two communities have had peaceful co-exis- tence for more than four decades. The Peace accord has withstood the test of time and has enabled  over  20,000  Turkana  herders  to  move   to Uganda to access pasture and water during the reporting period. This celebration, which also brought on board the Toposa of South Sudan, the Nyang’atom of South Omo zone of Ethiopia, the Pokot of Kenya, the Jie and Dodoth of Uganda was attended by over 500  people63. 4.2.4 The International Conference of the Great Lakes Region (IC/GLR) This is an intergovernmental organization of African countries in the African Great Lakes region. It is a multilateral framework in the diplomacy of conflict management that has also been a major actor regarding natural resources conflict management. It stemmed from the conflicts and tragedies in the region, especially the genocide in Rwanda and the situation in the DRC, which constituted a threat to international peace and security64. In   2000   the   UN   Security   Council,   through   its  resolutions  1291  and  1304,  called  for  an   62 Ibid 63 http://www.ke.undp.org/content/kenya/en/home/ourwork/PBCR/successstories/lokiriama-peace-accord/ 64 Opcit Philip Arthur Njuguna Mwanika, Natural Resources Conflict Management Processes and Strategies in Africa
  • 42. 42 REPORTTOEU-UN  The  dynamics  of  conflicts  related  to  land  and  natural  resources  in  Rupa,  Karamoja,  Uganda international conference on peace, security, democracy and development in the Great Lakes region. Later that year such a conference was established with its joint UN–AU Secretariat in Nairobi, Kenya. The 11   core   countries   are   Angola,   Burundi,   Central African Republic, Republic of Congo, DRC, Kenya, Rwanda, Sudan, Tanzania, Uganda  and  Zambia.  In  November  2004  the   11  heads  of  state  and  government  of  the  IC/ GLR member countries unanimously adopted the Dar es Salaam Declaration on Peace, Security and Development in the Great Lakes Region in Dar es Salaam, Tanzania. In this declaration they declared positive determination to form the Great Lakes region into a space of sustainable peace and security, political and social stability, and shared growth and development for all its  states  and  people.  In  December  2006  the   heads of state and government convened again in Nairobi and signed a pact on security, stability and development. This pact incorporates the Dar es Salaam Declaration’s programmes of action and protocols65 4.2.5 The Ngurdoto-Tanzania Agreement in 2007 This came into existence after prior agreements a cross border initiatives between Uganda and Democratic Republic of Congo (DRC). Its history is traced  from  1990  when  an  agreement  for   ‘’cooperation for the exploration of hydro carbons and exploitation of common fields’’ was signed with DRC (the Zaire). The agreement sets the precedent for Joint Exploration and Exploitation of Shared Petroleum Deposits within the Albertine Graben66. The nitty-gritties of the shared 65 The International Conference on the Great Lakes Region Pact on Security, Stability and Development in the Great Lakes Region of 15 December 2006 can be accessed in the ‘Repository’ section of the official ICGLR webpage http://www.icglr.org/ 66 Tim Altork(n.d) The Ngurdoto-Tanzania Agreement in 2007 available at http://www.ehow.com/facts_7195673_ngurdoto-agreement.html accessed on 1/03/2014