The environmental challenges facing Uganda and the East African region are real. Unplanned natural resource exploitation by corrupt governments, criminal networks, bad governance, and changing rainfall patterns have negatively impacted the lives of millions of Africans. A nascent movement of environmentalists is now making their voices heard to reclaim their land, resources, and future. Now, author Tony Akaki adds his voice and perspective in addressing the unfolding environmental disaster by focusing on the Mabira Forest giveaway-a plan proposed by Ugandan President Yoweri Museveni to give nearly one-quarter of the Mabira Forest to the Sugar Corporation of Uganda (S.C.O.U.L.)- owned by the Mehta Group-to facilitate the growth of more sugarcane. Akaki raises all the issues regarding the impact on the environment, the potential to affect ecotourism, medical research on indigenous flora and fauna, the loss of rain supplying Lake Victoria, and the potential for environmental disaster with deforestation. He provides a powerful argument for saving the environment and fighting to preserve Uganda's forests and natural resources.

MABIRA FOREST GIVEAWAY

A Path to Degenerative DevelopmentBy TONY AKAKI

iUniverse, Inc.

Copyright © 2011 Tony Akaki
All right reserved.
ISBN: 978-1-4620-1728-7

Contents

Acronyms and Abbreviations......................................xvChapter 1 The Future Is Not a Gift.............................1Chapter 2 Precautionary Principle..............................13Chapter 3 Biological Diversity.................................24Chapter 4 Environmental Rage...................................33Chapter 5 Democracy............................................37Chapter 6 Sustainable Development..............................46Chapter 7 Toward a Knowledge-Based Economy.....................61Chapter 8 Conclusions..........................................79Bibliography....................................................85Index...........................................................89

Chapter One

THE FUTURE IS NOT A GIFT

The future is not a gift: it is an achievement. Every generation helps make its own future. This is the essential challenge of the present.

Robert F. Kennedy

The future is not a gift that the present generation or government can bequest to the following generations. International legal instruments often refer to the "rights of future generations." It is a fundamental right of each Ugandan generation to benefit from and enjoy the natural forests and cultural patrimony inherited from previous generations in such a manner that it can be passed on to future generations in no worse condition than it was received.

The 1972 Stockholm Declaration, which first formulated this principle, states, "Man ... bears a solemn responsibility to protect and improve the environment for present and future generations." President Museveni's government is obligated by international conventions to be custodian of today's environment and meet the developmental and environmental needs of present and future generations; avoid destroying Uganda's natural forests for short-term gain; and preserve for subsequent generations the use of Mabira forest.

In addressing the Mabira giveaway, it important to note the lack of any binding global treaty for the conservation and sustainable use of forests. Proposals for a convention that would regulate sustainable use of all types of forests were made during the 1992 Rio de Janeiro Conference on Environment and Development (UNCED) but were opposed by some developing countries on the grounds that this would infringe on their sovereign rights to exploit such resources.

Five texts emerged from the Rio conference. Two came from conventions, the UN Convention on Climate Change and the Convention on Biological Diversity. The third text is the "Non Legally Binding Authoritative Statement of Principles for a Global Consensus on the Management, Conservation and Sustainable Development of all Types of Forests." The last two texts are of a general nature and are the "Declaration on Environment and Development" and a program of action called Agenda 21.

The forty-chapter Agenda 21 has provisions relevant to forestry in chapter 11, whereby it details measures of dealing with all types of woodlands, forests, and forestlands, enhancing the sustainable management and conservation of all forests, and promoting efficient utilization and assessment with the aim of recovering the full valuation of goods and services by forests and forestlands.

The third text, "Nonlegally Binding Authoritative Statement of Principles for a Global Consensus on the Management, Conservation and Sustainable Development of All Types of Forests," is the first global instrument to apply to all types of forests. The text advocates the viewing of forestry issues within the context of sustainable development. It specifically calls for efforts to maintain and increase forest cover and productivity in ecological and economically sustainable ways.

Sustainable socioeconomic development is emphasized, as well as the promotion of participation of interested parties in developing national policies and outlining the rights of indigenous people. The Mabira giveaway repudiates any semblance of promoting sustainable development. It instead conjures up memories (and, some may say, current status) of the Uganda government's short-term exploitation of natural resources for private rather than public gain in the Democratic Republic of Congo (DRC).

A development path that is often exploitative socially, economically, and environmentally and benefits a small, privileged group has appropriately been termed "degenerative development." The NRM government has an infamous track record of pursuing degenerative policies that will impact future generations; the exploitation of neighboring countries is a case in point.

The DRC took Uganda to the International Court of Justice (ICJ) accusing Uganda of exploiting its natural resources, including timber. The court decided in the DRC's favor, and Uganda is now obligated to pay the DRC $10 billion. Who will ultimately pay this money, if not the Ugandan taxpayer? Given the unacceptable levels of corruption and poor service delivery by the NRM government, a further burden of paying $10 billion to the DRC is unacceptable; the Ugandan people will surely demand reparation from those guilty for invading and illegally exploiting the DRC. A UN expert's report on the exploitation of DRC's natural resources also reinforces the case that the Uganda government cannot be trusted to exploit Uganda's natural resources in an economically transparent and ecologically sustainable way.

Uganda has also illegally exploited the forests of Eastern Equatoria State, in Sudan, during its Operation Iron Fist in March 2002. The operation was the UPDF's (Uganda Peoples Defence Forces) attempt to dislodge the LRA (Lord's Resistance Army) from its bases in southern Sudan. But what became evident was the traffic of UPDF trucks loaded with timber (teak) crossing the border from Sudan into Uganda. The citizens of Uganda are now wary of government initiatives that are often disguised to benefit the nation as a whole but have often only benefited a small political or military clique.

Furthermore, the Mabira giveaway violates major global conventions of which Uganda is a signatory—namely, the United Nations Convention on Climate Change, the Convention on Biological Diversity, and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

When environmentalists and other concerned citizens challenge the Mabira giveaway, they are branded "enemies of progress" by the president. What environmentalists are advocating is environmental justice in accordance with the 2003 African Convention on the Conservation of Nature and Natural Resources (Algiers Convention). Its provisions are the most comprehensive of all agreements concerning natural resources. Article III, using language from the African Charter of Human and Peoples' Rights, articulates the principle that all peoples have a right to a satisfactory environment favorable to the enjoyment of the right to development; Article XVI further complements Article III by proclaiming procedural rights and access to justice in matters related to the protection of environment and natural resources.

The convention advocates the application of the precautionary principle "with due regard to ethical and traditional values as well as scientific knowledge in the interest of present and future generations." Many concerned citizens of Uganda are urging for the application of the precautionary principle as the bare minimum...