Cabinet paper on giving Mabira forest to SCOUL

Apr 02, 2007

The Minister of Water and Environment, Maria Mutagamba, last month presented a paper to the Cabinet explaining why part of Mabira forest should be given to the Mehta Group for sugarcane growing.

The Minister of Water and Environment, Maria Mutagamba, last month presented a paper to the Cabinet explaining why part of Mabira forest should be given to the Mehta Group for sugarcane growing. Below is the paper

By Maria Mutagamba
Colleagues, Mabira forest was first gazetted as a Central Forest Reserve under Legal Notice No. 87 of 1932 as an area of 29,592 hectares. In Legal Notice No. 41 of 1948, the forest reserve was regazetted with an area of 30,003 hectares. Therefore, Mabira Central Forest Reserve covers 29,964 hectares of Tropical Moist forest.

Within the Central Forest Reserves there are pockets of areas (enclaves) which are settled on and are used for human activities. Most of the activities carried out in the enclaves include agricultural activities for tea, coffee, rubber and sugarcane plantations. Therefore, some of the sugarcane plantations belonging to M/S Sugar Corporation of Uganda Ltd (SCOUL) are located on the enclaves. Besides producing sugar, SCOUL is also producing electricity from biofuels in addition to providing social services to the neighbouring communities.

SCOUL has requested the Government to provide him additional 7,100 hectares of land in order to expand his sugar production and electrical energy generation. The Government has carried out several consultations with the communities. An inter-ministerial committee study was also formed and its recommendations indeed indicate that degazettment of some parts of the forest can only be done if the relevant laws are complied with. The purpose of this Cabinet Paper, therefore, is to seek provision of alternative lands which shall be gazetted in exchange of the forest lands which shall be degazzetted.

Background
As you are aware, the Mabira Central Forest Reserve occupies greatly undulating terrain with numerous flat-topped hills with attitudes of 1070-1340m above sea level. The area is drained by two main rivers, Musamya and Sezibwa, which flow northwards into Lake Kyoga. Therefore, the forest reserve is located between Lake Victoria and Lake Kyoga and it serves as the water and catchment ecosystem for the two rivers and lakes. In addition, 95% of the forest is occupied by CeltisChrystophyll (Lufugo-Nkalate) medium altitude moist semi-deciduous forest and 5% by Piptadeniastrum-Albizia-celtis (Mpewere-Mugavu) medium altitude moist evergreen forest.

Colleagues, the encroachments of the 1980’s left some parts of the forest heavily degraded. However, by 1992, the Government evicted most of the encroachers from the forest. Therefore, those areas which were degraded are slowly recovering and the types of vegetation in those portions is young or colonising mixed forest dominated by Maesopsis eminii (Musizi), Celtis(Lufugo), Holoptelea ( Mumuli) and Baikeae insignis(Nkoba).

However, the forest has core conservation value and it is a home for some of the endemic species of flora (Caesalpinia volkensii) and fauna (birds-Tit Hylia; butterflies-Epitola catuna, Pseudathyma plutonica, Neptis trigonophora, SaIly antalensis, Acraea rogersi, Caenides dacena; Mothsotthogonioptiluni sp.c; Mammals-Crocidura selina) and it consists of a rich biodiversity. For example, the forest supports species found in no other areas of Uganda. Therefore, the forest is a research centre for students and the global research community. For example, an Eco-tourism centre for tourism and environmental education facilities has been established in the forest. The National Forestry Authority granted a permit to Alarm Group together with the Mauroo chain which have established a 5-star eco-lodge. Therefore, there is potential for developing eco-tourism around Mabira Forest. This sustainable use of the resource has potential for generating revenue and services for the surrounding communities. In addition, the National Forestry Authority has developed a management plan for Mabira Forest Reserve. The plan includes zoning the forest into strict nature reserves, research and education areas, the buffer zone for non-timber products and ecosystem services, and production zones for timber and non-timber forest products and services (See table 1).

The production zones of Mabira forest are a source of sustainable supply of round wood for plywood and veneer industry. Currently, Nileply Ltd, the only producer of plywood and veneer in the country with a total investment of more than US $9m, has been licensed to source their veneer logs from Mabira. Therefore, from wood supply, the forest products have potential for producing sh1,080b from 14,000m3 of wood per year.

Proposal for expansion of Sugar Corporation of Uganda Ltd (SCOUL)

SCOUL was founded in 1924 for the purpose of growing sugarcane and produce sugar on a commercial scale. Most of the land was leased from various landlords between 1930s and 1950s. Therefore, with time the ownership has been bequeathed to their offsprings whose interest might be different from their forefathers. Therefore, some of the young beneficiaries are often tempted to sell their parcel of lands for commercial use.

SCOUL is currently producing 50,000–55,000 tonnes of sugar per annum. SCOUL is planning to improve production from 100,000 to 110,000 tonnes per annum. Therefore SCOUL requested His Excellency the President to provide him additional 7,100 hectares of land within the Mabira Central Forest Reserves, (Table 1 and Map 2). Although SCOUL engaged the outgrowers, they could not deliver the required sugarcane due to their subsistence farming and very small holdings. In addition, the Mailo landlords in Mukono district are not interested in participating in sugarcane production.

By providing additional land to SCOUL, increased sugar production will save foreign exchange of US$20m–25m per annum. In addition, SCOUL will produce additional 10–12MW of electricity which can be supplied to UGMA, CABLE and to the national Grid. Furthermore, additional 3,500 jobs will be created with an annual earning of sh3b and infrastructure investment (schools, houses, dispensaries) worth sh3.5b. SCOUL will also develop 300 kilometres of the road in the newly allotted areas at an investment of sh2b.

Furthermore, the taxes in the form of VAT, excise duty, PAYE and import duties accruing from the additional production will benefit the Government to the tune of sh11.5b.

Besides financial and infrastructure benefits, SCOUL is planning to produce power alcohol which is a biofuel which can be mixed with petrol to the extent of 10-15%. This initiative will enable us to diversity energy production and sources like Brazil and other countries whose power production is above 10,000MW per annum compared to our installed capacity of 350MW per annum.

In the process of developing the requested additional area which is within the production zone of Mabira forest, which is also adjoining the current nucleus estates, SCOUL shall preserve the ecology of the place by not developing areas near the banks of River Nile, and the shores of Lake Victoria. The tourist trek routes in the forest shall also be preserved. SCOUL shall continue participating in tree planting on those areas which are not suitable for sugarcane production.


Legal requirements for degazetting Mabira Central Forest Reserve

Section 38 of the National Forestry and Tree Planting Act, 2003 and Section 19(3) of the National Environment AcT (Cap 153) require a developer to conduct an Environment Impact Assessment (EIA) for any project which is likely to have significant impact on the environment. In addition, Section 8 (2)(a) requires that in the reduction of part of the central forest reserve, an area at least equivalent in size to the reduction shall be simultaneously declared a central forest reserve while Sub-section (b) requires that in the removal of the whole forest reserve, an area at least equivalent in size to the abolished reserve shall be simultaneously declared a central forest reserve. Furthermore, Section 8(3) requires that before a new area is declared a central forest reserve, the environmental impact assessment must find the area to be of equivalent or greater environmental value. In addition Sub-section (4)(c) emphasises protection of rivers, streams, lakes, lake shores, river banks, wetlands and wildlife in cases where degazettment takes place.

International Conventions to which Uganda is a signatory

Uganda is a signatory to several international environment conventions which urge member states to carry out environment impact assessments for any projects which are likely to have significant impact on ecosystem (Biodiversity Convention, Article 14). Each contracting party in accordance with its particular conditions and capabilities is urged to develop national strategies, plans and programmes for sustainable use of the bio-diversity and integrate the conservation and sustainable use of biological diversity into sector programmes and policies (Biodiversity Convention, Article 6). In accordance with the Charter of the United Nations and principles of international law, each state has sovereign right to exploit their own resources pursuant to their own environmental policies and has responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other states or areas beyond the limits of their national jurisdiction (Biodiversity Convention, Article 3).

Uganda is also a signatory to the United Nations Framework

Convention on climate change and the Kyoto Protocol which have demonstrated that human activities in the recent past have accelerated global warming. Developing party members are urged to take adaptive measures to minimise the impact of global warming while developed party members are urged to reduce their green house emissions.

Uganda is also a signatory to the United Nations Convention to Combat Desertification. The convention urges member states to take steps to improve environmental sustainable governance in order to halt environmental degradation which is linked to poverty. The convention demonstrated that sustainable land management is highly linked to rural community livelihood. Uganda is also a signatory to the RAMSAR Convention which emphasises sustainable use of the resources.

Consultations for availing land to Mehta

The Inter-ministerial Committee which began its work in October 2006 held consultative meetings in order to establish existence of mother trees that would facilitate regeneration, assess the level of encroachment, activities of NFA, especially tree planting, assess how long it would take for natural trees to regenerate. The team was composed of the Ministry of Tourism, Trade and Industry; Ministry of Water and Environment; Ministry of Agriculture, Animal Industry and Fisheries; area Members of Parliament; Chairman of the Parliamentary Committee on Natural Resources; the Resident District Commissioner; the National Forestry Authority and local leaders. The Minister for Tourism, Trade and Industry chaired the Committee. Field assessments and several consultative meetings were held with the communities and local leaders of Ntunda, Wakisi, Nagojje and Najjembe sub-counties.

lt was generally observed that the areas requested by SCOUL had suffered severe encroachment in 1970’s and 1980’s. Although the National Forestry Authority evicted the encroachers in 1990’s, it did not carry out enrichment tree planting. Therefore the area is occupied by tree species like paper mulberry which have neither timber nor economic value. It was generally observed that it would take 6–8 decades for tree species of economic value to evolve and produce timber after a long time of waiting. Councillors and the MP for Buikwe County West observed that benefits like infrastructure, social services like schools and clinics, creation of employment and increased sugar production outweigh the existing ecological benefits of preserving the production zones. The sub-counties noted earlier passed resolutions in their councils recommending that Mehta should be given those lands which were
initially degraded.

A technical consultative group was of the view that Mabira Forest Reserve should be reserved for its national heritage status and related eco-system services and that Mehta could improve sugar production by engaging outgrowers and improving terms of payments which would act as incentives. The Ministerial Committee recommended that:

Mehta should be allotted areas A and B (see table) which were initially degraded. Enclaves within Mabira Forest Reserves should be allotted to SCOUL for sugarcane production.

Land from the Ministry of Agriculture, Animal Industry and Fisheries (MAAIF) which was handed over to the Prime Minister’s Office for investment could be gazetted in exchange of some of the areas which have been identified for degazettment for sugarcane production.

SCOUL and the neighbouring communities should grow trees in those areas which are unsuitable for sugarcane production.

Above the core mandate of NFA to manage central forest reserves, they should also be tasked to provide technical support to Local Governments and other stakeholders in planting trees on bare hills and other fragile soils

Expansion of SCOUL is part of the strategy to widen the scope of outgrower participation.

In addition to sugar production and creation of jobs, the Ministerial Committee noted that electrical power generation from biofuels should be encouraged and explored further.

In addition to consulting the communities and local leaders, I have requested my colleague the Minister of Lands, Housing and Urban Development to provide me alternative land for gazetting as forest lands.

This would have speeded up the degazattement process as required by law. However, I did not succeed in getting any response. I copied these letters to my colleagues the Ministers of Agriculture, Animal Industry and Fisheries; Tourism, Trade and Industry; Energy and Minerals; the Private Secretary to the President; and the Prime Minister, among others. Therefore, getting alternative lands has not been feasible.

Conclusion

At the next convenient meeting of Cabinet, I shall request colleagues to note that:

Mabira forest was first gazetted as a Central Forest Reserve in 1932 with a total area of 29,592 hectares. The forest is a home of endemic flora and fauna and the forest provides ecosystem services. The portions of the forest measuring 7,904.829 hectares were severely encroached in the 1980s. Although the encroachers were evicted in 1990s, those areas were not replanted with timber tree species. Hence those areas are colonised by non-timber tree species and timber tree species are expected to evolve over a long time.

Our national laws and international conventions to which Uganda is a signatory require that environment impact assessment be carried out for activities which are likely to have impact on the forest.

Since 1924, SCOUL has been growing sugarcane and producing sugar on a commercial scale. SCOUL has requested government to provide them additional 7,100 hectares from those areas of Mabira Forest which were previously heavily degraded. This will increase the sugar production in addition to benefiting the communities with social services like schools, clinics, staff houses and access roads.

Local leaders and their MP as well as the inter-ministerial committee supported the request by SCOUL.

My previous requests to colleagues for alternative lands which would be gazetted as forest reserves in order to enable simultaneous degazettment of those areas of Mabira Forest has not been responded to.

The inter-ministerial committee had recommended that lands from the Ministry of Agriculture which were passed over to the Prime Minister’s office for supporting investors could be gazetted as central forest reserves in exchange for the lands which shall be degazetted from Mabira Forest Reserve.

I request colleagues to direct the Ministry of Agriculture, Animal Industry and Fisheries, and the Ministry of Lands, Housing and Urban Development to provide alternative land(s) of equal or higher value to be gazetted as Central Forest Reserve(s) as we simultaneously degazette areas of Mabira Forest as provided for under the National Forestry and Tree Planting Act.

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