Hon. Anifa Kawooya (Uganda) on the right during discussions

YAOUNDE, CAMEROON: There is renewed interest by academics, civil society and legislators over the continent’s extractive sector and want a common mining law. The legislators are concerned over natural resource governance and economic development on the African continent and are pushing for legislation that addresses issues of transparency and accountability by the governments and mining companies.

They noted that Africa finds itself in a paradox of plenty where its abundant endowment in natural resources does not lead to equivalent levels of prosperity, development and industrialisation.

Meeting in a continental conference in Yaounde, Cameroon, on Thursday, African legislators sought to adopt and ratify a model law on a new development approach to natural resource governance in Africa.

“The model mining law would give pointers that would, for example, strengthen the negotiating capacity of Parliaments; ensuring meaningful collaboration between key players and providing support for the required social dialogue,” Dr. Paul Jourdan, one of the panelists, said.

He elaborated that the African Mining Vision, adopted by African heads of state during their July meeting in 2009 in Kigali, is seen as a solution to the poor governance, lack of strong institutions and weak policies in African states. He explained that the AMV framework is currently being used in several countries such as Mozambique, Ethiopia, Lesotho, Tanzania and provides for a transparent, equitable and optimal exploitation of mineral resources to underpin broad-based sustainable growth and socio-economic development.

Jourdan noted that AMV is also supporting countries to develop world class geological survey system so that they can negotiate from a point of knowledge. He said they hope to work with the Pan African Parliament to train parliamentarians on contract negotiations.

While legislators appreciated the need for a model law to regulate mining on the continent, they noted that there are some hurdles that need to be overcome.

Honourable Geoffrey Lungwangwa (Zambia) was concerned that some colonial land laws still obtain in Africa.

“If you have title to land, you are only confined to the surface and anything under the surface belongs to the state. That land law still prevails in our countries today and it is a contributing factor to poverty,” he said. “Many of our people are being removed from land once minerals are discovered. They are not even given shares in the mining companies. Is this really socio-economic transformation?”

He said there is need to have a model law that eventually will empower local communities to have shares in the mining companies so that they are economically empowered.

According to Hon. Bernadette Lahai (Sierra Leone), who comes from a diamond mining area, exploitation and child labour is rampant in mining areas and legislators often have no information on agreements entered by the mining companies and the state.

“Children as young as six years work in the mines. We don’t want mining to affect education,” she said adding that “Mining agreements are conducted between government and the mining companies leaving MPs and the local population in the dark.” She argued that there is need for capacity building for MPs to monitor and oversee the mining activities in their countries so that they can approve or reject mining deals that come to Parliament.

According to the African Development Bank, minerals account for an average of 70 percent of total African exports and about 28 percent of the gross domestic product. It notes that earnings from the recent oil, gas and mineral discoveries in Uganda, Mozambique and Tanzania could lead to an increase in government revenues of between 9 percent and 31 percent in the first 10 years of production.

Legislators noted that because of the structure of Africa’s extractive industries, most countries remain exporters of unprocessed commodities. They proposed that Africa needs to add value to her exports so as to unlock the full economic potential of its natural resources.

According to Hon. Anifa Kawooya (Uganda), the diversity in Africa may not be in asset in having a uniform law.

“We have different land laws and policies. Having one unified model will be complicated,” she said. “There is also the issue of who owns the land where the minerals are found. The land tenure in African countries in different. Some land is owned by the government, individuals, and others owned customarily. We also don’t know how much of our natural resources we have,” she added.

In an attempt to reverse the curse of resources, the East African Legislative Assembly is in the process of adopting a mining law for the East African region. The East African Mining Bill, 2017 will provide a legal framework to harmonise and regulate mining operations in the region and ensure environmentally friendly and sound mining practices. The bill was presented for First Reading in March this year.

The four-day conference on the theme “The issue of political and socio economic integration of the African continent: The role of the Pan African Parliament” is taking place in Yaounde, Cameroon from 22-25 August 2017 and has attracted legislators, civil society and academics from Africa.

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Allen Kagina the Executive Director of UNRA.

Kagina said this as she was appearing before parliament’s accountability committee as members on the committee raised queries on why the authority had to hire another consultation firm for the Kampala express high way yet there was a Chinese firm that had already done the same work.

The members also found that in the auditor general’s report of 2013/ 2014, it was revealed that government paid 2.3 million dollars per kilo meter on this road yet the same road in Ethiopia with the same terrain cost 1.2 million dollars.

Kagina in her response informed the legislators that UNRA had very little to do in negotiating contracts as this was a direct procurement where it was agreed between government and Exim bank that both the contractor and consultant had to come from China.

This she said was the reason they hired another consultant to compare what had been provided to them and promised to look into both work to see whether the auditor general’s query was right.

She however, agreed with the committee that in the future such agreements need to be avoided.

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Addressing journalists at ACCU offices, Cissy Kagaba, Executive Director Anti-Corruption Coalition Uganda, Peter Wandera, Executive Director Transparency International, and David Walakira budget specialist said government should expedite establishing an independent   salary review commission to stop such selfish motives further warning that they will de- campaign every MP who supports such an amendment.

Meanwhile Ugandan women are strongly condemning the increasing acts of militarism in the country saying that this is alarming and spells doom for the nation that is heading into the political climate. Irene Ovongi Odida, the Executive Director, FIDA-Uganda mentions that the  rising brutal arrests of women activists who also end up being humiliated scare them away from political leadership of the nation depriving women of their right to participate in the governance of the nation.

Ovongi called on government to revise the way it is aggressively handling the citizens and ask citizens to speak out through the legislative arm to have such crimes brought to a stop.

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Legislators have asked Government to make set top boxes, commonly known as decoders, affordable because it is a constitutional right for every Ugandans to access timely information. This follows government implementation of a phased analogue to digital switch off on June 15, starting with Kampala and areas within a 60-kilometre radius of the capital where thousands of people were left with blank screens.

The lawmakers have been debating a statement made by the State Minister for ICT Nyombi Thembo regarding the progress of transforming from analogue to digital migration broadcast. Nyombi informed the house that due to budgetary pressures Government has not been able put in place physical measures to ensure the availability of affordable set top boxes as envisaged.

But the lawmakers such as Kawempe North MP Latiff Sebagala, Lubaga North MP Moses Kasibante, Bukomansibi woman MP Suzan Namaganda Kiwalabye Waira Magyegere, Bunya East, Olivia Kwagala, Iganga woman MP, and Medard Bitekyerezo Mbarara municipality, among others say they are not opposed to technology but Government should ensure that the decoders are available and affordable for all Ugandans. Some Members of Parliament were bitter that some areas were switched off without being informed because their areas were not advertised as part of the areas to be switched off.

The Member of Parliament for Lubaga North Moses Kasibante said that government should be blamed for delaying to inform Ugandans on the issue of digital migration since it signed this agreement many years ago. The woman MP for Bukomansimbi Suzan Namaganda said it will be difficult for people to afford pay TVs with subscription. Latiff Sebagala said that digital migration needed more time.

Uganda will progressively switch off analogue transmission, completing its migration on August 31.

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This she says will help reduce the heavy backlog which has affected the parliamentary Calendar.

Parliament of Uganda

In her opening remarks as Parliament reopened on Tuesday, Kadaga observed that a lot of business scheduled for completion by the end of the second session may not be handled if legislators continue to abscond from their duties.

She warned members of serious consequences of absenteeism

Parliament is currently in its last session of its second year having been sworn in May 2011.

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The Committee chaired by West Budama North MP  Fox Odoi proposes that four assistant Speakers who will be are appointed from the backbench at the commencement of each session of Parliament and any of them may be called upon to chair the House in absence of the substantive speaker and deputy speaker of parliament .

The MPS Rules committee noted that the practice already tried out in the Parliaments of Kenya, Malawi, Zambia and Philippines would reduce on backlog in Parliamentary business.

Legislators have also proposed the alteration of the sitting arrangement inside the chamber of Parliament to provide for specific designated seats for the army representatives and independent MPs.

The current rules of procedure only provide for the government and Opposition sides in the House.
The Committee that was tasked to review the Parliamentary Rules of Procedure has also called for the amendment of rules for election of Members to the East African Legislative Assembly to conform with the constitution and the treaty establishing the East African Community.

If  this proposal approved by Parliament, the new rules would also provide for a definition of contempt of Parliament and the breach of Parliamentary privilege.

The report by MPS Contempt of Parliament  as any act which obstructs or impedes Parliament , a Member or an officer of Parliament in the performance of its functions, or discharge of his/her duties. Acts that are intended to mislead or deceive Parliament are construed as contempt of Parliament.

The Committee also provides proposals to allow MPs and journalists access the chamber with electronic gadgets, but with guidelines issued by the office of the Speaker.
Legislators are yet to debate and approve the proposals contained in the report tabled by the Parliament Rules Committee.

Ultimate Media

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Aruu County MP, Odonga Otto

Aruu County MP, Odonga Otto yesterday filed a petition before the Attorney General’s office, seeking to call for 17 independent MPs to be thrown out of Parliament.

The MPs’ woes stem from their attendance of a retreat of NRM MPs at the National Leadership Institute in Kyankwanzi over two weeks ago.

Speaking to journalists at Parliament, Otto contended that the legislators breached the contract with their voters by being involved in party activities yet they were sent to Parliament on no political party card.

The independent MPs recently attended the caucus called by the NRM leadership to discuss several issues, among them the special oil debate.

Speaking to the media at Parliament, Prime Minister Amama Mbabazi dismissed the claims that the independent MPs had been influenced to change their decisions made during the special oil debate, calling for the resignation of three ministers implicated in alleged corruption deals in the sector.

Mbabazi says the retreat was open to all and not the NRM party since several speakers made meaningful presentations on different issues.

Last year, 70 MPs, among them 8 ministers, lost their seats after the constitutional court ruled that the MPs vacate their seats for choosing to join other parties different from those to which they were elected to parliament.

Ultimate Media

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Bbumba appeared before the committee to explain her role in sanctioning the monies over 140 billion shillings claim to Basajjabalaba for cancellation of contracts to run Nakasero and Owino markets, as well as Constitutional Square.

Bbumba is said to have sanctioned the payments despite of advice from the Auditor General’s office against it.

The legislators accused the minister of disregarding President Yoweri Museveni’s letter dated 17^th May 2011, which described as scandalous and unacceptable.

MP Gerald Kruhanga said it was unwise for Bbumba to sanction the payment yet a day earlier, the Auditor General’s office had instituted a special investigation into the monies.

Maxwell Okora further said the President’s letter, questioning the claims to Basajjabalaba should have been taken into account and the payments scrutinized further.

Ultimate Media

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