Gov't drafts National Action Plan on business, human rights

Nov 09, 2020

He said that all the negative effects constitute abuse of human rights, mainly affecting the vulnerable groups (women, children, people with disabilities and the uneducated).

In March 2019, residents of Ngorymwet Parish, in Kween district woke to up an unanticipated eviction which left over 500 displaced.

The land measuring about 7000 acres had been allegedly allocated to an investor for rice farming.

Some of the residents claimed to have been beaten and tortured by the security personnel when they attempted to resist, asking for compensation to find where to go.

One of the residents claimed that over 100 grass-thatched houses were also set ablaze and people's property destroyed.

Land evictions remain one of the biggest problems in the country, which has left many people wandering refugees due to lack of compensation.

New action plan

As part of the move to address such injustices, the Government through the ministry of Gender Labour and Social Development (MoLGSD), has developed a National Action Plan (NAP) on Business and Human Rights (NAPHR)for protecting citizens against any form of human right abuses by investors and at businesses.

The Minister of Labour Gender and Social Development, Frank Tumwebaze, said government realised that though the private sector contributes to the development of the economy through bringing in more revenue through the provision of services, providing market for locally produced goods and creation of employment, they also have serious negative impact on communities.

"The businesses, on the other hand, have a negative impact undesirable on communities hence limiting the enjoyment of human rights by a section of the population," he added.

This was during the 2nd symposium on business and human rights under the theme: "The race to the top: Tracking the NAP process for responsible business conduct in East Africa" at Skyz Hotel in Naguru in Kampala.

In his speech delivered by, Peace Mutuuzo, the State Minister for Gender and Culture, Tumwebaze cited the continued exploitation of labour through underpayment, misguided displacement of people without upfront compensations, environment pollution and conflicts over land acquisition, which he says has left many Ugandans homeless.

He said that all the negative effects constitute abuse of human rights, mainly affecting the vulnerable groups (women, children, people with disabilities and the uneducated).

He said in 2016, Government accepted recommendations under the Universal Periodic Review to adopt a NAPBHR, on building on the UN Guiding Principles on Business and Human Rights-the "Protect, Respect and Remedy" Framework, thus coming up with the NAP.

Tumwebaze said the NAP is a key tool in providing guidance to the state and non-state actors on the requirement that all business operations and to conduct in line with human rights standards to contribute to the positive human rights outcomes such as creation of decent jobs, and protection of the environment among others.

He said this would also contribute to the advancement of equality by providing opportunities to the magnetized groups.

Tumwebaze said the draft plan has already been approved by the senior management meeting at the ministry and is to be presented to Cabinet for approval.

The development of the plan was done through extensive consultation with various stakeholders countrywide.

Tumwebaze said there still need to harmonise or enact other laws to streamline business operations such as a law on social impact assessment and accountability.

The commissioner equity and rights at the MoLGSD, Bernard Mujuni said irresponsible conduct of business without respecting human rights can be very costly.

"Because of this kind of irresponsibility, the World Bank suspended funding of the Fort Portal-Kamwenge road construction," he noted.

He said the abuses have led to the loss of lives, violence, increased crime and homelessness in different parts of the country.

He cited the leasing of crater lakes to an investor in Kabarole, which caused conflict.

"These are the things we are talking about. How can you lease lakes to one person? This is a source of water and livelihood for locals. It is also a cultural identity in the area," he noted.

He noted that before any investor takes land, the locals must be consulted before any valuation is done on the land to understand the nitty-gritties of the land.

"Prior consent is very important. There some intangible things that the government valuer can't see. We must consider social capital. That is why we want an amendment in laws governing evaluation and strengthen the law on social protection," Mujuni noted.

He said the government also needs to look at the revenue transparency and tax exemption. "Foreign investors are given tax incentives at the expense of local Ugandans which is unfair," he added.

The Director in Charge of Monitoring and Inspection Uganda Human Rights Commission, Ruth Ssekindi said if businesses don't observe human rights, it results in corruption, violence, poor remuneration and other disputes.

"We have got many complaints from people being evicted to set up factories. These factories also don't care about the environment leading to the suffering of the locals due to lack of string laws," he said.

The Danish Ambassador to Uganda, Nicolaj A. Hejberg Petersen said the observance of human rights at businesses promotes sustainable development.

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