BY SAMUEL
NABWIISO
Environmentalist are urging Government to cancel the ESIA Certificate it gave to Hoima sugar Limited they urges that Hoima
Sugar Ltd has failed to live up to key conditions in the Environmental and
Social Impact Assessment (ESIA) certificate of approval that the National
Environment Management Authority (NEMA) issued to the company, the Save Bugoma
Forest Campaign (SBFC) can reveal.
GPS
images in the hands of the SBFC show that as at January 7, 2021, Hoima Sugar
Ltd had cultivated 405 hectares of Bugoma forest land. This is being done with
impunity and in disregard of the ongoing court cases in both the High Court and
Court of Appeal.
|
Part of the Bugoma Forest that has been cleared by the sugar company |
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The
above court cases are contesting the validity of the ESIA certificate that was
issued to Hoima Sugar Ltd by NEMA and the land titles issued by Ministry of
Lands to Hoima Sugar Ltd and Bunyoro Kitara Kingdom.
Sadly,
part of the 405 hectares of Bugoma forest land that has been destroyed by Hoima
Sugar Ltd is that that was approved for ecotourism purposes, and not sugarcane
growing.
“Condition
4.7 of Hoima Sugar Ltd’s ESIA certificate of approval says that the company has
to ‘Ensure that the [sugarcane] plantation … is restricted to the areas
indicated in the ESIS [Environmental and Social Impact Statement] …’
By
cultivating land meant for ecotourism purposes, Hoima Sugar has flouted
condition 4.7, which is a key certificate condition.
Moreover,
Condition 4.5 of the certificate says that before developing an ecotourism
centre, cultural site, workers’ camps and others, Hoima Sugar is required to
conduct separate ESIA studies for each of those projects.
In as
far as we are aware, no ESIA study has been submitted to NEMA and no
certificate of approval has been issued for the ecotourism project. Why then
has land that was earmarked for ecotourism purposes been cleared?” Mr. Dickens
Kamugisha, the Chairperson of the SBFC said in media Statement the group issued recently.
He
adds, “The truth, which we are calling Ugandans to remain alive to, is that a
sugarcane company with no track record in ecotourism and one that dared to
touch a key national resource is unlikely to keep it safe. This is why Hoima
Sugar’s illegal activities in Bugoma forest must be stopped immediately.”
HISTORY
OF VIOLATION OF LAWS
This
isn’t the first time that due processes are being flouted in Hoima Sugar’s
Kyangwali Mixed Land Use project, the project for which the company received an
ESIA certificate of approval from NEMA on August 14, 2020.
Prior
to issuance of the certificate, both Hoima Sugar and NEMA violated key environmental
laws that would have safeguarded Bugoma forest from destruction.
“Among
the laws are the 1998 Environmental Impact Assessment [EIA] Regulations. For
instance, under regulation 10, Hoima Sugar was required to comply with the
NEMA-approved Terms of Reference for its ESIA study. The company failed to do
this.
Under
regulation 12, developers are required to seek the views of the people who are
likely to be affected by a project during the study. This requirement also
wasn’t complied with by Hoima Sugar,” Mr. Bashir Twesigye, a lawyer who is also
a member of the SBFC, says.
He
adds, “On its part, NEMA is, under regulations 19 and 20, required to invite
for written comments on an ESIA study from the general public and affected
communities respectively. The invitation is supposed to be made through
newspapers with national or local circulation among others.
Under
regulation 21, NEMA is mandated to organise public hearings for controversial
projects and those with transboundary impacts.
NEMA neither
invited for comments from the general public and affected communities through
the media and neither did the authority organise public hearings on the
controversial project of growing sugarcane in Bugoma forest.”
COURT
CASES
The
above among other violations caused the SBFC to sue NEMA through court cases
seeking for cancellation of the ESIA certificate of approval issued to Hoima
Sugar.
A court
case for cancellation of the freehold and leasehold land titles that were
issued by Ministry of Lands to Bunyoro Kitara Kingdom and Hoima Sugar
respectively in 2016 is also before the Court of Appeal to protect the forest.
“Hoima
Sugar’s impunity of destroying even the land that was meant for ecotourism
could preempt these cases that are aimed at stopping destruction of the forest.
The
SBFC is therefore unequivocally calling on the company to stop destroying the
forest.
NEMA
should also review Hoima Sugar’s activities with the view of cancelling the
certificate that the authority issued to the company due to none-compliance to
the certificate’s conditions.
Under
condition 8, NEMA clearly stated that it would cancel/suspend/withdraw the
company’s certificate if conditions under section 4 aren’t complied with. We
expect NEMA to comply with its own certificate conditions,” Ms. Ruth Kiwanuka
of the SBFC says.
The
SBFC is also calling on courts to expeditiously hear the cases for cancellation
of the ESIA certificate of approval to Hoima Sugar and those for cancellation
of the land titles to Bunyoro Kingdom and Hoima Sugar Ltd.
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