Cultural Institutions' Guidelines for Oil and Gas companies in the Albertine Graben @CCFU2017

 

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Produced as part of CCFU's Culture in Gocernance work

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GUIDELINES BY CULTURAL INSTITUTIONS FOR OIL AND GAS COMPANIES OPERATING IN UGANDA’S ALBERTINE GRABEN 2017 i

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Preface We welcome you to read these Guidelines for Oil and Gas Companies, produced by the Cultural Institutions in the Albertine Graben. They were developed to protect and promote the cultural rights of the concerned communities in Bunyoro, Alur and Acholi, and to promote their cultural, economic and social well-being. These Guidelines are meant to equip our cultural leaders in managing their relationship with the oil and gas companies as productively as possible. The discovery of economically viable quantities of oil in our region has raised many hopes for an improvement in the status of our people, as well as fears. The Guidelines are designed to ensure that such hopes are realised and that obstacles and fears are overcome, so that oil resources are developed and managed for the benefit of all. This text reflects our three cultural institutions’ determination to play an active role in preserving our tangible and intangible cultural heritage, in managing social conflicts and issues relating to managing customary land, in ensuring sustainable development and in fostering peace amongst our communities. These Guidelines were developed by the Kingdom of Bunyoro Kitara, Alur Kingdom and Ker Kwaro Acholi Cultural Institution in a cooperative spirit. We also hope that they will be of use to other cultural institutions in the country that may be grappling with similar situations to ours, as natural and mineral resources are increasingly drawing the attention of investors, sometimes to the detriment of our cultural heritage. Lastly, we wish to thank the Cross-Cultural Foundation of Uganda for having assisted us in producing this important document. Prime Minister Alur Kingdom Prime Minister Ker Kwaro Acholi Prime Minister Bunyoro Kitara Kingdom

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Table of Contents Page How the guidelines were developed........................................................................... 3 A. English version ...................................................................................................... 5 Preamble.............................................................................................................................................5 The background................................................................................................................................5 Mandate and responsibilities of cultural institutions..................................................................6 Objectives of the guidelines............................................................................................................7 Guidelines to oil companies............................................................................................................8 B. Alur version...........................................................................................................11 C. Luo version........................................................................................................... 17 D. Runyoro version................................................................................................... 23 1

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How the Guidelines were developed With support from ActionAid Uganda, the Cross-Cultural Foundation of Uganda (CCFU) has been working to examine and strengthen the engagement of cultural institutions in the oil-producing regions of Alur, Bunyoro and Acholi sub-region with oil and gas companies. This support started in October 2016, when CCFU conducted a review of secondary sources to explore important contextual information, and assess the status of cultural heritage conservation and economic benefit with regard to oil exploration and extraction activities in the Albertine Graben. A team thereafter visited Alur, Bunyoro and Acholi sub-regions and met with representatives of cultural institutions, Government, NGOs and the oil companies concerned. A main outcome of these consultations was a strong desire expressed by the cultural institutions to develop guidelines that would help them in their relationships with oil and gas companies. In November, CCFU therefore organised a two-day meeting with representatives of the three concerned cultural institutions to provide them with an opportunity to develop draft guidelines. The meeting was attended by 20 representatives of Alur Kingdom, Bunyoro-Kitara Kingdom and Ker Kwaro Cultural Institution, and a representative from the National Association of Professional Environmentalists. This also provided these representatives a networking opportunity for future engagements on the project and beyond. A one-day meeting was thereafter convened with a smaller drafting team (consisting of nominated representatives of the three concerned cultural institutions) to refine the draft text and incorporate any comments received. This draft guidelines were then translated into three languages (Luo, Alur and Runyoro), discussed and validated within the three regions through various consultation processes held in the first half of 2017 (meetings of cultural leaders - including councils of chiefs, cabinet ministers, curators of cultural sites and clan leaders - mail exchanges with local government officials and others, visits to NGOs, etc.) The cultural institutions concerned took the lead throughout the process that has led to the development of the Guidelines presented in this booklet, launched in Hoima in June 2017. 3

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A. English Version PREAMBLE We, the representatives of Cultural Institutions from the Kingdom of Bunyoro Kitara, Alur Kingdom and Ker Kwaro Acholi Cultural Institution developed the following guidelines for oil and gas companies working in the Albertine graben. This reflects our responsibilities and aspirations as cultural leaders and the people we represent, and especially our responsibility to fully participate in the entire process of oil and gas development to the best of our capacities. As important partners in cultural, social and economic development, we indeed re-affirm and pledge to play an effective role in the development of the oil and gas industry in Uganda. THE BACKGROUND Oil and gas companies have been licensed to embark on exploration and production in the Albertine graben since the early 2000’s, in an area with a rich cultural heritage, diverse communities, as well as an ecological zone with unique fauna and flora of cultural value. The discovery of oil has raised the hopes of the region’s population for economic improvement, better infrastructure and services, empowerment and employment opportunities and much has been achieved. Cultural institutions welcome partnerships with oil companies, such as through their corporate responsibility initiatives. However, there are also fears among our people in respect to: 1. Land: This is central to our cultural identity and economic well-being and land issues are therefore of much concern to our peoples and their cultural institutions. Given the history of land dispossession in some areas, cultural institutions also note with alarm the growing threat of land speculation and immigration, targeting land for oil infrastructure development, leading to dispossession and tension between communities and new landowners. The rapid transition of customary land into registered tenure (freehold) in some areas is of further concern, as it leads to the exclusion of communities from common lands and resources; with added pressure on natural resources, especially land and ecosystems. 2. Cultural heritage: The Albertine graben is characterised by numerous and diverse cultural heritage sites, including graveyards, shrines, monuments, natural sacred sites and other ecological features. Oil exploration work has however not incorporated all the necessary measures to respect and/ 5

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or restore our cultural heritage sites. Other cultural resources are also being degraded: medicinal plants, fish and other forms of fauna and flora with much cultural significance have been destroyed during the implementation of oil and gas activities, also affecting local ecosystems. 3. Cultural norms and values: Population displacement and immigration associated with the oil and gas industry in Bunyoro, Acholi and Alur have resulted in cultural erosion, especially of language and cultural norms. Oil company employees are rarely made aware of the norms and values of our communities and they do not take time to understand them. Most worryingly, there have been cases of youth adopting immoral practices in a search for material gain. Social cohesion among our people has also suffered. 4. Environmental degradation: Cultural institutions are the guardians of the region’s natural resources and must ensure their sustainability for present and future generations. Oil and gas activities have sometimes been environmentally insensitive, such as in cases where inappropriate dumping of waste has contributed to pollution, the loss of cultural assets (such as herbs, medicinal plants and natural forests that can no longer be restored) and to reduced land productivity. 5. Marginalisation of cultural institutions and communities: Compared to other actors, cultural institutions and communities have not been adequately kept informed on developments in the oil and gas sector, especially as the country heads into the production phase. More information is needed on the companies’ corporate social responsibility agenda, and especially on strategic issues facing the sector (such as oil prospects and future plans; exploration and production activities; status and location of reserves/deposits). 6. Livelihoods and local content issues: Oil-related activities have undermined access to sources of livelihood for some communities (such as fishing along the shores of Lake Albert) or altered them considerably (such as when communities have been resettled, especially affecting women and children). Employment opportunities for local communities arising from oil industry activities have mostly been confined to unskilled, low paying jobs. MANDATE AND RESPONSIBILITIES OF CULTURAL INSTITUTIONS Cultural institutions derive their mandate and responsibilities from the age old traditions and heritage of the people, and in particular to: 1. Preserve, conserve and protect our tangible and intangible cultural heritage, including enabling our communities to better appreciate and participate in preserving this heritage 2. As the custodians of community and customary land, effectively manage and regulate land use, to protect it from permanent loss 3. Be directly involved in the sustainable management of cultural sites and other natural resources 6

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4. To promote and preserve cultural values, norms, rituals and practices which enhance the dignity and well-being of the people 5. To promote the well-being and enrichment of the people including the most vulnerable and minority groups The cultural institutions also derive their mandate from the Constitution of Uganda (Objectives 2 I; 3 II; 24; and Article 246), the National Culture Policy (Section 8.8.), the 2005 Access to Information Act and the 2011 Institution of Traditional or Cultural Leaders Act, as well as from other laws. Further, the 2008 Oil and Gas Policy stipulates that cultural institutions. “…will contribute to holding the different players accountable with regard to oil and gas issues and participate in getting the voices of the poor into designing, monitoring and implementation of programmes in the oil and gas sector”. These guidelines are drawn in conformity with the Constitution and relevant laws of Uganda (including the Petroleum Act, 2013 and the 2012 Guidelines issued by the National Environment Management Authority ), as well as the eight International Finance Corporation (IFC) Performance Standards of 2012 accepted by the oil industry. IFC Standard 8 specifically applies to cultural heritage (tangible, natural and intangible), whether legally protected or not. The Standard aims at protecting cultural heritage from the adverse impacts of project activities, supporting its preservation and at promoting the equitable sharing of benefits from the use of cultural heritage. OBJECTIVES OF THE GUIDELINES We have accordingly developed these guidelines in order to: 1. Protect and promote the cultural rights and heritage of the concerned communities in Bunyoro, Alur and Acholi from any adverse impact of oil and gas activities 2. Commit stakeholders in the oil and gas industry to the sustainable cultural, economic, environmental and social well-being of our people in the Albertine graben 3. Strengthen the participation and engagement of cultural institutions in the oil and gas industry 4. Promote transparency and accountability of oil and gas operators to the concerned communities and their cultural institutions 7

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GUIDELINES TO OIL COMPANIES The Alur Kingdom, the Bunyoro-Kitara Kingdom, and Ker Kwaro Acholi Cultural Institution call on Oil and Gas Companies active in the Albertine Graben to: 1. Adhere to cultural rights • Respect the rights of our people to access, express and enjoy their culture in conditions of equality, human dignity and non-discrimination, including the rights of indigenous minorities and other vulnerable groups. • Take affirmative and/or other corrective action, especially for indigenous minorities, where necessary. 2. Respect cultural, historical and sacred natural sites • Respect, document and preserve all such sites, potentially affected by oil and gas activities. • Only alter any such site for any purpose with the consent of the affected communities and their Cultural Institution and take restoration measures. • Allow unimpeded access to these sites by the affected communities and their cultural institution, as permitted by the traditional site custodians. 3. Respect cultural norms, values and practices of the people • Recognise the responsibility of cultural institutions in upholding the norms, values and practices of the people. • Take all necessary measures to avoid harmful practices and unbecoming behaviours not in agreement with the local practices and culture. • Put in place relevant mitigation measures in collaboration with cultural institutions to address any negative practice and behaviour. • Ensure that oil company and related staff are oriented and understand well the cultural context in which they operate. 4. Contribute to sustainable livelihood options • Make all efforts to use local resources, including labour, enterprises, foodstuffs and other supplies in the implementation of activities for the benefit of local communities. • Ensure comprehensive compensation and restoration whenever livelihood options are negatively affected. • Where participation in ownership in oil companies and/or their subsidiaries is envisaged (e.g. 8

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share capital), first consider affected communities and their cultural institutions. • Adhere to safety regulations in all operations and take all necessary precautions for the benefit of all communities in operational areas. 5. Safeguard land, environment and natural resources • Appreciate land as having both cultural and economic value in the engagement with the affected communities and their cultural institutions. • Recognise the statutory responsibility of cultural leaders in the management of land held under customary tenure. • Consult the affected communities and their cultural institutions with regard to activities impacting on other natural resources. • Avoid all forms of pollution and take all necessary measures to mitigate the impact of pollution on communities and the environment. 6. Promote peaceful coexistence • Cooperate closely with cultural leaders to ensure peaceful co-existence among all stakeholders involved in the industry. • Where civil conflicts involving local communities arise, make use of traditional justice systems as the first system of conflict resolution before engaging other mechanisms, whenever possible. 7. Fulfil corporate social responsibility • Publicise and align all corporate social responsibility initiatives with the priorities and aspirations of the communities concerned, utilising a participatory approach in consultation with their cultural institutions. • Direct corporate social responsibility and other benefits towards both local communities and cultural entities in proximity to oil production and processing areas; and the cultural institution and the wider community to foster unity of the institution and the people. 8. Ensure transparency and accountability • Ensure an effective, regular and meaningful flow of information with cultural institutions and their communities, including holding public education sessions. • Consult and incorporate the concerned communities and their cultural leaders in relevant decision-making fora. 9

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B. Alur Version ACAKI PA LEMBE Wa juwang Ker-Kwaru mi Bunyoro-Kitara, Alur man Acholi waporo man wagoro yicmwa eni karacelo pi thebo tic her ni ketho dul mugolo moo ku yamu-maliel ungei lembe mwa ma pigi tek ikare mitimo tic migi i ndaba nam mi Albert. Maeni nyutho mbeng tic man miti pa rwodhi ku dhano migi nidikri kud amora man bodhu i tic mi golo moo. Edong wan macalo dul mapigi tek i lemb kwaro man dongo ngom, wacikra man wamikra ni konyo dongo pa golo moo man yamu-maliel i Uganda. LEMBE MAPIGI TEK MI THE KWARO Gavumenti mi Uganda udaro mio twero ni dul mugolo moo ku yamu-maliel i ndaba nam mi Albert ni ai ikind oro elifu aryo (2000) eni. Ndaba eno upong ku lonyo mi jamker mwa mapigi tek; ku thek suru pa dhano matung-tung de; ku giracwiya mujengiri man uthubiri ku wadi; ku yedhi man yedi (leya) mithim mamito agwoka. Nwang pa moo eni unyanyo anyonga ku gen madit mi dongo ngom ni dhano mwa, masagone iyore mi medo lonyo, ku gyedo mi udi yath, udi somu, ngudi cil ku nyayo tic ikindju de, mapiny eno moko ucaku ni nen. Edong, wa kerkwaro, wajolo dikiri karacelo ku dul mi moo kud ava madit, asagune i tic migi mi berocwiny pi konyo dhano. Re wabepoi bende nia, lem maber pa moo eni ubekelo lworo (jiji) ikind dhano de, akecane ilembe mi:1. Ngom: pire tek hai dit ikura man lonyo mwa dhano, uketho wang mapol lem pa ngom ubekelo adyengacwiny ikind nyithi ker ku ker-kwaro migi. Eke, uda pa ngom macon yenyu poyu wiwa pi lembe marecu kwa mimayo ngom ikabedo moko. Pimeno, ker-kwaro ubedieng pi dak pa dhano ni dok kama kut moo ni iye, make ubenyayo mayo ngom man teliri ikind wegi ngom ku jumu ngiewo ngom manyen. Ker-kwaro, ubedieng bende pi ngiew pa ngom mwa mi the kwaro, majube loku calo ngom ma ngiewa pa ngati, make uberyemo cen thek suru dhano pi tiyo ku ngom migi eno pi kwo; kadok ubemedo nyothiri pa giracwiya mwa maleng njwa man mapigi tek iwa de ma ni ngom negi. 2. Jamker alaga: Yo ba ngom ndaba nam mi Albert nica upong thur ku jamker mwa ma pigi tek hai dit iwa. Gikiwa eno gi tiye (nuti) calo: kasendi (liel), wang-jok, abila, kidi man mola mabeco mipoi, ku giracwyiya mawaworo. I andha ne ke, ikare mi sayo ka kut moo, jusai moo eno uyubu maber akeca ungo yore moku mi woro man roco ka wang jamker man wang-jok mwa enogi; cil ku giracwinya mwa mange mapol de, macalo, yen-dawa, rec ku 11

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leya, madongke mapol ne judaro ni nyothu ikare mi sayu moo ku yamu-maliel eno; cil ku wi gudi, cere, pambu, man ndiba poga mwa mupoto ku mwomo ma tar puu, mu ngier ku pii ma ngic man mukotu yamu malwe (mafee). 3. Kura-kwaro mwa: Dak pa dhano ni dok yo ba kut moo ku yamu-maliel i ngom mi Bunyoro, Acholi man Alur, ubenyotho kura mwa, masagune dhok man ngwono mwa. Kadok, jurutic pa dul mugolo moo jukethu gingeyo ‘ngo kura kwo pa thek-dhano mwa, manke, jurutic eno de ubemiyo kare migi ngo pini tembo ngeyo kura eno negi de. Maracne ke, nyithindo mwa ubeweko kura kwaro mwa, make gilund gibemaro kura thek dhano mange, mareco pi lim; muweko ribri ikindwa giwa calo suru acel de obedoko tek. 4. Nyotho Giracwiya: Ker-Kwaro gi jugwok maber pa giracwiya mutiekowa, man gineno nia rucwic enogi gibedo agwoka boo, pi dhano makawoni, cil ni dhano mabibino ingeiwa de. Re ikare mi sayo ka kut moo ku yamu-maliel eno, dul mi moo enogi giparu akeca ungo pi giracwinya mwa enogi. Ku lapor, wang mapol, gi oyo swa giki mareco manyotho mor ngom, yamu, ku pii, cil ku lonyo mi jamker mwa ma pigi tek (macalo yen mi dawa, ku yedhi mange mapol madong udaro ni nyothri magwei), ma cil ubenyotho kudu bende mor ngom mwa mi fur, pido kodhi man gwoko leya de. 5. Wenjo ker-kwaro ku dhano migi: Ker-kwaro ku nyithi ker migi jumio igi ngec akeca ungo i kum lemb tic mi golo moo man yamu-maliel eni, masagune ikare maeni madong judhingo cako tuco kut moo pi lwor. Re, rieu lembapora mumako junyuth mbeng kamaleng ni dhano umitre dit akeca, masagune ikum mic mi berocwiny mi konyo dhano ma dul mugolo moo uyubo; cil ku ketho kamaleng yik mi tic migi mir anyim (macalo sayo man nyuthu ka kut moo mange, cil ku wel moo manwangiri iigi de). 6. Yore mi kwo ni dhano mi the dero: Tic mi golo moo ubejwigo yoj-kwo ni thek dhano mwa moko (calo udwar rec (nam) manwangiri dhuwath nam mi Albert), kadok tic mi moo eno bende ubelalo kind dhano mange de (ni dagu kabedo ma gi kwo iiye, nidok ikabedo mange manyen majumio amia igi, make dak man dok ikabedo manyen eno sendu masagune mon kud awia). Marac mange ke, pol pa tic mi moo maju mio ni dhano mwa gitie kit tic mamito bodhu makeca ngo, man musara majuculu negi de nok dit. CHOPU KU TIC PA KER-KWARO Ker-Kwaro nwangu’ chopu mi tic migi niai kud ikura kwaro man kura thek suru dhano migi macon, magi maro dit. Pimeno, wacikra ni: 1. Weko boo, roco man gwoko kukite jamker mwa mabeco mipoi, ma nen ku manen ungo, cil ni medo amora i dhano mwa ni maro man dikri itic mi gwoko jameker enogi. 2. Calo jugwok pa dhano ku ngom mi thek suru maber, wabi neno ku tek nia ngom mwa jutiyo kudu maber, wek gin moko ki kud unyoth ngom enogi magwei. 3. Gwoko wang jamker mwa ku giracwiya mutiekowa ci ceke, ka ceke kama gitie iiye. 4. Por medo rwom man gwok pa kura thek dhano mwa, yore mi woro lam mwa, cil ku 12

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