Tilenga project could extinguish native Bagungu

Nov 21, 2018

Considering the situation of Bagungu, and the current human rights regime, this article will enunciate that the issue of indigeneity of Bagungu

By Herbert Munyomo

Bagungu, Batiabwa, Bakibiro and Bakobya peoples are among the ethnic groups native to Tilenga project area. Developed by Tullow Oil pty and Total E&P, Tilenga project will among others transport crude oil from Buliisa and Nwoya districts to a refinery in Hoima district.

At a public hearing of the environmental and social impact assessment report for Tilenga project, held recently in Buliisa district, attendees were socked to hear oil companies' claim that based on stakeholder consultation and review of existing reports, the classification of any group in the Tilenga project area as indigenous peoples in the context of International Finance Corporation was not considered applicable in the local setting.

On the contrary however, considering the situation of Bagungu, and the current human rights regime, this article will enunciate that the issue of indigeneity of Bagungu - in the context of international law - is whatsoever not a matter of clientele favour. It's a matter of law and fact.

To cite the Uganda report of the African Commission's Working Group on Indigenous Populations/Communities "The over all characteristics of groups identifying themselves as indigenous peoples are that their cultures and ways of life differ considerably from the dominant society and their cultures are under threat, in some cases to the point of extinction. A key characteristic for most of them is that the survival of their particular way of life depends on access and rights to their traditional lands and the natural resources thereon. They suffer from discrimination as they are regarded as less developed and less advanced than other more dominant sectors of society. They often live in inaccessible regions, often geographically isolated, and suffer from various forms of marginalization, both politically and socially. They are subjected to domination and exploitation within national political and economic structures that are commonly designed to reflect the interests and activities of the national majority...."

Grain of law: article 1.2 of ILO Convention 169 provides that self-identification as indigenous shall be regarded as a fundamental criterion for determining the group to which the provisions of ILO convention apply. Although Uganda is not party to this convention, article 60 of the Banjul Charter to which Uganda is party, gives the African Commission the mandate to have recourse to international law principles on Human and Peoples' Rights.

In part, the article states: "The commission shall draw inspirations from international law on Human and Peoples' Rights, particularly from the Charter of the United Nations… as well as from the provisions of various instruments adopted within the Specialized Agencies of United Nations…".

Analysis of the African Charter and its jurisprudence relating to "peoples" will indicate that both the individual and collective rights provided for in the African Charter should be applicable to the promotion and protection of the human rights of indigenous peoples. The relevant articles include: article 2,3,5,17,19,20,21,22 and 60. Moreover, Uganda is a signatory to the International Covenant on Civil and Political Rights and International Covenant on Economic, Social and Cultural Rights. The country is therefore, under legal obligation to honour rights granted to indigenous peoples under twin article 1 of ICCPR and ICESCR as well as article 27 of the ICCPR.

From the foregoing, unless one is being obtuse, one should find it very dishonest for oil companies to claim that the classification of Bagungu, Batiabwa, Bakibiro and Bakobya as indigenous peoples in the context of International law is not applicable in the milieu of Tilenga project.

Writer is the President of Lake Albert Indigenous Peoples Survival Movement (LIPSUM)

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