TRAINING FOR LEADERS OF CIVIL SOCIETY IN UGANDA TH August 2016 NAKAWA HOUSE KAMPALA. Organised by, Partnership Africa Canada (PAC)

Transcription

1 COALITION OF CIVIL SOCIETY ORGANIZATIONS IN THE GREAT LAKES REGION AGAINST ILLEGAL EXPLOITATION OF NATURAL RESOURCES Uganda COALITION DE LA SOCIETE CIVILE DE LA REGION DES GRANDS LACS CONTRE L EXPLOITATION ILLEGALE DES RESSOURCES NATURELLES BUILDING THE CAPACITY OF CIVIL SOCIETY ON MINERAL DUE DELIGENCE IN UGANDA TRAINING FOR LEADERS OF CIVIL SOCIETY IN UGANDA TH August 2016 NAKAWA HOUSE KAMPALA Organised by, Partnership Africa Canada (PAC) Lead facilitator; Mr. Stephen Turyahikayo

2 Prepared by Paul Twebaze ACRONYMS ICGRL CSOs RINR RCM EITI UN COSOC-U ASM NGOs ACCC PROBICOU PWYP SWIED MDA PAC GIZ MOFA International Conference on Great Lakes Region Civil Society Organizations Regional Initiative against the Illegal Exploitation of Natural Resources Regional Certification Mechanism Extractive Industry Transparency Initiative United Nations Civil Society Coalition Against illegal Mining in the great lakes region Artisanal Small Scale Miners Non Governmental organizations Action Coalition on Climate Change Pro-biodiversity Conservationists in Uganda Publish What You Pay Southwestern Institute of Environment and Development Mbarara Development Agency Partnership Africa Canada German Technical Cooperation Ministry of Foreign Affairs

3 TABLE OF CONTENTS 1.0 Introduction and Background The rationale and justification for the training Objectives Methodology Facilitators Learning methods and materials Key emerging issues and the next steps Conclusions recommendations... 8

4 1.0 Introduction and Background The training aimed at enhancing the capacity of civil society organizations to effectively support the implementation of six tools of the regional initiative against the illegal exploitation of natural resources (RINR) and particularly the regional certification mechanism (RCM) for tin, tungsten, tantalum and gold originating from the Great Lakes Region. It was envisaged that the training would enable Civil society leaders to actively engage in the implementation of ICGLR Regional Initiative against the Illegal Exploitation of Natural Resources (RINR), ICGRL Regional Certification Mechanism for Conflict Minerals and other relevant processes. This was premised on the understanding that the impact of the illegal exploitation of minerals in the region is so grave with serious ramifications on the economic development of the region and its citizens. The Heads of State of the International Conference on the Great Lakes Region (ICGLR) have committed to concretely act through the Regional Initiative against the Illegal Exploitation of Natural Resources (RINR). On December 15, 2010, Uganda endorsed the ICGLR Lusaka Declaration adopting six tools to fight Illegal exploitation of natural resources in the Great Lakes Region. The six tools include: 1) Regional Certification Mechanism (RCM); 2) Harmonization of National Legislation; 3) Regional Database on Mineral Flows; 4) Formalization of Artisanal Mining Sector; 5) Promotion of the Extractive Industry Transparency Initiative (EITI); and 6) Whistle blowing mechanism. In this declaration, Member States directed their relevant institutions to implement the above six tools, particularly the RCM. This has been the genesis of what is referred to as Mineral Certification. Designated minerals for certification are tin, tungsten, tantalum and gold. The RCM manual and standards define what needs to be done, by whom and measure of compliance. This Lusaka Declaration meant ICGLR certificate developed and issued by the government is the sole accepted legal document to accompany exports of designated minerals originating from Uganda as proof of conflict free status. A two-year phase in period was agreed for all ICGLR member states to implement RCM. Phase in period ended on December 15, The activities were therefore an effort to contribute to the already existing regional effort towards the implementation of the regional Initiative. 2.0 The rationale and justification for the training The illegal exploitation of mineral resources has long been identified by UN Experts, international NGOs and governments in the region and abroad as one of the principle drivers and funding mechanisms of the ongoing conflict in the great lakes region. What was less clear was how to deal with the problem. With illegal mineral flows crossing borders, the challenge was clearly regional. Fortunately, previous work among the 12 member states of the Central African ICGLR (International Conference of the Great Lakes Region) had given the ICGLR and

5 their member states the legal framework they needed to address the problem of illegal resource exploitation and conflict minerals. What was missing was the practical knowledge of mineral certification, and how it could be made to work in the African Great Lakes context. The ICGLR 1 is a process which seeks to bring all the countries of the region together to dialogue and agree on strategies to bring peace and prosperity to the region. With this and subsequent processes and commitments by member states, a lot is yet to be realized and desired to be done. Implementation to the commitments has been challenging especially for Uganda. In addition, illegal minerals still continue to get their way through Uganda to the international markets. Bringing an end to conflict minerals and making member states responsible for their international commitments on the same subject, requires involving responsible local communities and the civil society organizations 2 in monitoring and evaluating the conditions under which minerals are traded and extracted. Monitoring and evaluation of mineral extraction effectively and trade, however, is a skilled undertaking requiring experience and training. In addition, the local political environment must accept the legitimacy of civil society and community involvement in the provision of such oversight. It is against this background that PAC found it compelling to build the capacity of the civil society organizations to actively engage and hold Uganda s government accountable on its commitments on the implementation of the ICGRL Regional Certification Mechanism for Conflict Minerals. 3.0 Objectives To raise awareness among Civil society and Miners leaders on the status of the implementation of implementation of ICGLR Regional Initiative against the Illegal Exploitation of Natural Resources (RINR) in Uganda, Focusing on 2 major components;- (1) Regional Mineral Certification Mechanism-a) Genesis and Benefits; b) Steps for Implementation and Concerned Parties; c) Role of Civil Society, (2) OECD Due Diligence Guidance-a) Due Diligence Scope and Benefits for the Mineral Sector; b) 5 Step Framework for Implementation 1 It groups eleven core countries: Angola, Burundi, Central African Republic, Republic of Congo, Democratic Republic of the Congo, Kenya, Rwanda, Sudan, Tanzania, Uganda and Zambia and South Sudan. 2 PAC, 2010 recognizes the critical role of civil society organizations in the ICGRL Regional Certification Mechanism for Conflict Minerals. Civil society involvement in mine site inspections in the DR Congo is accepted and noncontroversial. In Rwanda, it s unheard of. Through the peer learning efforts of the civil society platform, Rwanda officials have come to see the benefits of civil society involvement in mine site oversight, and have become open to the idea of accepting NGO participation in this process.

6 4.0 Methodology 4.1 Facilitators The meeting was facilitated by Mr. Steven Turyahikayo (Africa Partnership Canada). Being a participatory meeting, his was role was to guide the participants help them to learn from their own experiences, work and existing initiatives towards the regional initiative. He shared experiences of other countries in the great lakes region. 4.2 Learning methods and materials The facilitator briefly oriented and introduced the participants to the scope of the in terms of both content, and structure, and stimulated expectations of the participants. This was done through brainstorming with simple questions. The meeting was based on core presentations from the facilitator. After every presentation, a question and answer session would be held, to enable participants ask questions, contribute to the information and share learning experiences. During this session, key issues would be raised and discussed by the participants. The presenter would also respond to a number of questions, and make clarifications. Discussions were also designed to initiate and focus debates or to emphasise key learning points and the next steps. Generally the facilitator initiated the discussions by asking predetermined questions and only influenced or controlled the discussion to summarise points or if there was a need for his intervention especially if there was a misunderstanding, rambling or irrelevance. 5.0 Key emerging issues and the next steps Civil society input to the current Mineral Policy review process In July 2014, The Ministry of Energy and Mineral Development with support from the World Bank commenced the review of Uganda s Mineral Policy, Law and Taxation framework with a view of revitalizing the sector to attract the desired Foreign Direct Investment. The process also sought to harmonize all the other interlinked policies and laws, such as the Land Policy, 2013, the Tax, the National Environment Management Policy and Act, the Land Acquisition Act among others. This development came on the backdrop of the US$ 52 million project Sustainable Management of Mineral Resources Project (SMMRP) funded by the World bank, Nordic Fund, Africa Development Bank and the Government of Uganda, which identified an array of commercially viable mineral resources. This initiative is also informed by the

7 country s National Development Plan (NDP-II) 2015/ , Vision 2040 and the Energy and Mineral Development Sector Strategic Investment Plan which all identify the Mineral Subsector as a priority sector with the potential to transform the economic fortunes of the country. The timelines for completion of policy review process was however ambitious. A series of activities related to the policy review have been implemented, including considerable consultation by an inter-ministerial committee and a core task force. Consequently a draft policy document ( green paper ) has been made available for public comment by the government. To encourage public participation in the review process, PROBICOU and COSOC agreed to share information on the process with members and work an arrangement for members to generate comments and input to the process. A national stakeholder conference is expected to deeply discuss the implementation of six tools of the regional initiative against the illegal exploitation of natural resources (RINR) and particularly the regional certification mechanism (RCM) for tin, tungsten, tantalum and gold originating from the Great Lakes Region. PAC to organize another training for the civil society leaders to be able to increase participation Streamlining the programs of civil society organizations to incorporate work on the regional initiative/certification advocacy and raise funds to support implementation of relevant activities Civil society to support the work by;- (a) Conducting research and generating information to inform third party audit processes (b) Carry out awareness raising on the regional mineral participation processes (c) Mobilization and support of Artisan Small Scale Miners into organized groups (d) Supporting the Whittle blowing mechanism (e) Participating in third party Audits as observers (f) In putting to the Legal Reform process Other key resolutions COSOC Uganda to coordinate the process, share information and spearhead work related to regional mineral certification mechanism in Uganda (Paul Twebaze of PROBICOU) nominated to coordinate the process Conduct another meeting for Civil Society in one month to be able to draw and harmonize a work plan for work to guide country civil society actions

8 Non members of Cosoc study the coalition and provide feedback on whether to join the coalition or not Member organizations to intensify fundraising and increase on activities to support the implementation of six tools of the regional initiative against the illegal exploitation of natural resources (RINR) and particularly the regional certification mechanism (RCM) for tin, tungsten, tantalum and gold originating from the Great Lakes Region. PAC pledged continued support 6.0 Conclusions recommendations The Coalition of Civil Society Organizations in the Great Lakes Region against Illegal Exploitation of Natural Resources and Pro-Biodiversity Conservationists in Uganda (PROBICOU) have developed positive relationships with, stakeholders, Ministries of Mining in Uganda and the Region, Partnership Africa Canada, and with the International Conference on the Great Lakes Regions which aims to integrate and improve policies in the region. With these important connections and the ability to collaborate with other civil society groups and miners, these organizations are poised to make lasting improvements in the region. Continued collaboration is however very key.