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Deal #1976 Version #88063

Uganda
Created at
2013-02-15
Last update
2022-09-07
Last full update
2022-09-07

Names of communities / indigenous peoples affected

Name of community
Bwendero,
Buguzi,
Mulabana,
Buswa,
Mugela

Recognition status of community land tenure

Recognition status of community land tenure
Indigenous Peoples traditional or customary rights not recognized by government
Comment on recognition status of community land tenure
The compulsory purchases of land for the project are alleged to be in breach of the Ugandan Constitution and the Land Acquisition Act.

Consultation of local community

Comment on consultation of local community
The company states " Prior to project commencement, there was extensive consultation with the affected communities, including public hearings. The project was initiated with support from the communities and local and district leadership". The company states that the government was responsible for acquisition of the land for the project, and that FPIC was obtained from the community members. Other data sources states that no consultation occurred.

How did the community react?

Community reaction
Mixed reaction
Comment on community reaction
Community outcries for the project to be reformed or shut-down have been ignored. Affected communities are demanding the return of land improperly taken, guarantees for the protection of community land rights, compensation for crop damage, and long term protection of community forests, water, and other natural resources. On 19 February 2015, a group of farmers filed a lawsuit against Bidco Uganda and Amos Ssempa, who leased the land to Opul. Wilmar states that the project was initiated with the support of communities and local leadership.

Presence of land conflicts

Presence of land conflicts
Yes
Comment on presence of land conflicts
Many conflicts between the communities and the Project arising from denied access to: – Use of the project road network for livestock movements/transportation; – Water points located in the project area formerly used by the communities; some were destroyed during the clearing of land for project activities; – Grazing lands within the project area leading to confiscation of “trespassing” animals with either an exorbitant fine of about 50,000 Shs (Ugandan shillings) per animal, or risk of having the animals slaughtered and eaten free of charge, which discourages animal rearing in most areas of the project. The development, which was estimated to have destroyed 3,600 ha of forest by May 2013. Bidco, l have forced farmers from their land without compensation to make way for large-scale palm oil plantation

Displacement of people

Displacement of people
Yes
Number of people actually displaced
38
Comment on displacement of people
Some sources state that displacement did not occur, while others state displacement occurred. One report states that thousands of community members have been displaced. 5,442 PAPs (Project Affected Persons)- 7,591 hectares have been secured. The company states that the Government was responsible for obtaining land for the project, and the company or other investors were not involved. The company further states that the land was on willing seller, willing buyer basis, and no compulsory acquisition took place. Land transactions were signed between owners and government, however the tenants were not informed- around 100 small scale farmers and their families. One reports states that in 2018, 36 of the 38 farmers displaced for Bidco project were compensated after World Bank mediation.

Negative impacts for local communities

Negative impacts for local communities
Environmental degradation
Comment on negative impacts for local communities
The report also claims the communities suffer from degraded water sources. Three EIA were conducted. Some reports state that the project has caused food insecurity. Another recent report (2019) has found that "Contrary to the portrayal by some activists who blame the palm oil plantation for deteriorating living conditions of islanders, poor living conditions and food insecurity were the norm for the islanders long before the plantation was established.". The business also suffered image crisis after some activists moved to court, citing the project as an environmental hazard as OPUL was busy logging communities living on both private and public land have lost their livelihood. The development, which was estimated to have destroyed 3,600 ha of forest by May 2013 and is also converting small farmers’ land, has been accused of violating numerous local laws. The clearance and planting that has taken place so far is also alleged to have violated environmental buffers and the deforestation is alleged to have caused pollution of water sources. The expansion of the project is also reportedly proceeding without the required EIA.

Promised or received compensation

Promised compensation (e.g. for damages or resettlements)
A total of 51 people are yet to receive their compensation for the land which government took over for the project.
Received compensation (e.g. for damages or resettlements)
Some of the displaced received new land. Some reports suggest that the community received inadequate compensation (ranging from Shs 100 000 to 1.5million) for their land and that international norms and national laws were broken. Another report states that the squatters were offered between $35 and $200. Total compensation paid as at Feb 2018 is Shs67 billion.

Promised benefits for local communities

Promised benefits for local communities
Health, Education, Roads
Comment on promised benefits for local communities
infrastructure – such as electric power, roads, ferries and medical facilities

Materialized benefits for local communities

Materialized benefits for local communities
Health, Education, Roads
Comment on materialized benefits for local communities
infrastructure – such as electric power, roads, ferries and medical facilities. Santiago 2019 states that food security is better now with the project than before the project.

Presence of organizations and actions taken (e.g. farmer organizations, NGOs, etc.)

Presence of organizations and actions taken (e.g. farmer organizations, NGOs, etc.)
On 19 February 2015, three Ugandan farmers from Lake Victoria’s Bugula Island, Kalagala District, backed by the National Association of Professional Environmentalists (NAPE) and Friends of the Earth, brought a lawsuit on behalf of their community against Oil Palm Uganda before the courts of Masaka, Uganda, over alleged land grabs. Kenya’s edible oil and detergents maker Bidco Africa was Tuesday cleared off allegations of seizing forestland on Uganda’s BugalaIsland to develop a palm t ree plantation.High Court Judge Wilson Kwesiga ruled that no evidence had been adduced showing the multi-national firm with 17 subsidiaries across Africa violated the rights of residents of Uganda’s Ssese Island to a clean environment