ICE Case Studies Number 262, December, 2011

Resident Removal in the Namwasa Forest Reserve, Uganda Nick Logler

I. Case Background II. Environment Aspect III. Conflict Aspect IV. Env. - Conflict Overlap V. Related Information

I. CASE BACKGROUND

1. Abstract

The Clean Development Mechanisms (CDM) was designed as a tool to mitigate climate change, promote clean development in developing countries and assist carbon producers meet particular quotas on emissions. An example of a CDM project might the construction of a solar power station in a developing country. The country receives a clean sustainable energy source, and the builder has an opportunity to certify the project, hold on to or sell the available carbon credits. This system, however can lead to conflict. The Ugandan government has evicted local villagers from their homes in two Central Forest Reserves. Homes, farms and livestock have been burned and destroyed, leaving villagers landless. The government has licensed the vacated land to the British firm the New Forests Company. The firm plans to use the reserves for timber plantations. The plantations have also been certified as CDM projects, producing carbon credits that can be sold by the NFC. The Ugandan government has displaced local villagers to accommodate a foreign business interest. Investment in climate mitigation has led to dispossession and destruction of local livelihoods.

2. Description

This case study examines the removal of local villagers in Uganda. Local police and army evicted residents in Kiboga and Mubende district in the Lugwana and Namwasa Forest Reserves respectively to make way for timber plantations run by the New Forests Company (NFC). This focuses on the evictions in Mubende district, in the Namwasa Forest Reserve.

The Namwasa Central Forest Reserve was declared a protected in area in 1956 by the Government of Uganda (UNFCCC 2011). Central Forest Reserves (CFR) are areas created by the Ugandan Parliament between 1932 and 1965 (NFA 2008) and have special legal protections. The reserves are ‘gazetted’, meaning they are protected as a matter of national importance. The CFRs are specific areas dedicated to tree growing and forestry developments, and also contribute to conservation, mitigation, biodiversity and tourism. The National Forestry Authority (NFA) is responsible for the management and development of the CFRs. The largest challenge for the NFA regarding the forest reserves is management of boundaries and coping with encroachment, or agricultural development and settlement with the reserves (NFA 2008). The NFA acknowledges that every CFR (UNFCCC 2011, Pg 506) in the country experiences some level of encroachment. It has developed several strategies for dealing with challenge. The NFA re-opens boundaries so settlers can realize where they are, registers those found living in the reserves, increases awareness of encroachment in the reserves, and replants areas vacated by encroachers. The label 'encroacher' and 'encroachment' are significant because they have legal impactions. Use of 'encroacher' implies that people in the reserves are there illegally. NFC and NFA documents regarding the occupants of the Namwasa reserve refers to them as encroachers formalizing their presence in the reserve as illegal.

In 2004, the New Forests Company (NFC) began negotiating with the Ugandan government for a commercial timber contract (Zagema(a) 2011) in select CFRs. In 2005 the NFA granted a fifty year license to the NFC to operate three plantations in Mubende and Kiboga districts. The NFC does not own the land nor is it leasing it, they are operating only under a licensing agreement which has strict land use regulations. The NFC cannot grow food or raise livestock and must enforce the boundaries of the forest reserve.

The Namwasa Central Forest Reserve is located in Mubende District. The reserve was home to a significant number of settlers and farmers composed of local Ugandans, migrants from southern districts and Rwandan refugees. Until the mid-2000s, the Ugandan government was largely tolerant of the settlers. There was a program to enable residents to formally register their land: "people’s applications to convert from customary to freehold or leasehold title, or to register public land for agricultural purchases, were being processed by authorities." (Grainger et al. 2011)

This approach changes however, in with the 2003 establishment of the NFA which has taken a proactive stance regarding encroachers, and the licensing of Namwasa to NFC. In November of 2009 the Minister for Internal Affairs, the Minister for Water and Environment, the Minister for lands, and the Resident District Commissioner all attended a meeting in Mubende district and announced that people would have until February 28th to leave their land (Grainger et al. 2011). The impetus of the removal of local peoples appears to be the licensing and approval of land use in the reserve. Use license was granted in 2005 to the NFC, and from 2006 to 2010 the NFA evicted 'encroachers' from the three reserves licensed to NFC, ending in the Namwasa Reserve in Mubende. The evictions took place throughout February of 2010, and reports indicate that they were disruptive and violent. All residents were removed from the land unless they could prove residency.

Only those who can prove their residence in the reserve prior to 1992 are eligible for official registration and thus entitled to compensation for the loss of their property. Official estimates range from 2,700 to 7,400 people live in there reserve (NFC 2011, Grainger et al. 2011). Of this population, only 31 families could demonstrate these residency requirements. Though the Namwasa reserve was established in 1956, local villagers have been living and farming on the land since the 1970s. Many residents claim that land was allotted to family members following their service in World War Two. Other residents have claims since the 1980s or purchasing, inheriting, or being gifted the land (Zagema(a) 2011).

In response to the eviction notice, in 2009 residents filed suit with the New Forests Company. In their case, those living in the reserve claim that they are legal occupants of the land as customary tenants, and entitled to protection under the Ugandan constitution (Grainger et al .2011). The NFC does not comment on their entitlement to legal protection. It instead argues that this legal action is misdirected as the Ugandan government is responsible for the removals and the residents are encroachers in violation of local laws (NFC 2011). The high court in Uganda issued an interim stay on the evictions directed at the NFC. This stay however, according to NFC is ineffective as they are not the party responsible for the evictions. They assert that if the residents of the reserve wanted to take legal action to halt the evictions it should have been directed at the government. The NFC maintains that is has taken no action to be stayed in the first place.

NFC argues that the case brought by the Mubende residents has failed in courts because the residents do not provide a clear legal case. The company goes on to argue that an investigation from the prime minister’s office has proven the claims to be illegitimate. (NFC 2011, Grainger et al. 2011). NFC has based this original claim on a Forestry Stewardship Council (FSC) audit by SGS (a firm that provides assessment and certifications of development projects that asserts the claims of the relocated people are suspect (FSC 2011, Zagema(b). In 2011 the non-profit organization Oxfam released a report asserting that the legal proceedings have not been dismissed. Since Oxfam’s, report SGS has called for a deeper investigation into the evictions and legal claims of residents in the reserve (FSC 2011). Oxfam documents the legal status the residents claims:

"In both legal cases, the High Court considered that the communities’ concerns were sufficiently urgent and their arguments sufficiently strong to justify granting orders restraining evictions until the full case could be heard in court."(Grainger et al. 2011, pg. 4)

The NFC denies participating in the evictions of reserve occupants. It maintains its position that the government is responsible for the evictions and the residents in the reserve are considering illegal encroachers. While it has made a commitment to investigate allegations that the evictions were violent and disruptive (NFC 2011), it maintains it position that no incidences of injury, physical violence, or destruction of property during the 'voluntary' vacation process were reported. It relies on the FCS audit that reports there were no 'incidences of injury’ or 'forceful eviction' reported during the removal process. (Grainger et al. 2011, NFC 2011) It also claims that there were no reports of violence form the District Commissioner, the NFA, or from their own employees (NFC 2011).

Oxfam and several media outlets report that villagers have been evicted by local police, army and allegedly employees of the NFC. Homes, schools, crops and livestock were destroyed in the evictions along with any other non-permanent structures villagers were unable to dismantle and take with them. Villagers have not received compensation for their losses and displacement. NFC allegedly compensation packages, but this was rejected by the NFA. They argue that only legal residents are entitled to any sort of compensation. The NFA has demonstrated a commitment to removing the encroachers. The local villagers are primarily subsistence farmers and depend on their farms for income as well as personal food. The destruction of their property and loss of lands puts these populations at severe risk.

Those removed from the reserve are now landless. As the majority of the people in the reserve are agriculturalists, the loss of their land has left them impoverished and poor. During evictions, homes, crops, farms and livestock were destroyed. Those evicted claim that they were not consulted, not compensated and have not been offered alternative land for resettlement. The position of the NFA and the NFC confirm this; as local villagers in the reserve are largely considered encroachers they are not entitled to compensation (NFC 2011). The use of force reported by security forces carrying out the evictions has been excessive and decried by Ugandan government officials (insert quote here). Those removed from Mubende assert that police, army and NFC employees evicted them from the land alleging harassment, intimidation and abuse. Locals removed from the reserve feel dehumanized:

"I lost land. I am landless. Land was my life. I have no rights. I am not a human being" (Grainger et al. 2011, pg. 7)

Evictees are now landless; they do not have incomes, access to healthcare or education. The evictions have left former residents of the reserve food insecure. Evictees have turned to casual labor for income but consistent work is not available (Zagema(a) 2011, pg. 7). The FSC audit noted that in 2009 some locals had disputed their removals, but that these were primarily Rwandan refugees. The auditors returned in March of 2010 and declared that residents had left voluntarily and peacefully.

NFC offers three justifications for the forestry projects in the reserve. First, NFC provides employment and development opportunities to Uganda and the local community. Second, local populations in the reserve have largely deforested the area. The construction of houses, clearing land for grazing herds, and swidden (slash and burn) agriculture has caused the ecosystem to deteriorate. Finally, the reserve will sequester carbon and be eligible for carbon credits to be sold on the global market. NFC is a company that seems committed to sustainable development community outreach and environmental stewardship, but the creation of its reservation has resulted in the violent evictions of thousands of residents.

NFC engages in extensive community outreach programing. The company has built schools and hospitals for plantation employees and community members. It has trained and provided supplies for 1700 outgrows to start their own plantations and trains community members to become bee keepers. It also engages in HIV/AIDS outreach programming ( NFC 2011). NFC claims to created jobs for 16,000 people in Uganda. If further asserts that the higher wages paid to their employees has stimulated local economies and that NFC's presence has impact around 30,000 Ugandans.

NFC argues that the slash and burn agriculture practiced by those in the reserves has resulted in serious deforestation of the area. Frequent burnings depletes the quality of the soil, results in a loss of biodiversity, and reduces carbon stocks. It also impacts run-off. (UNFCCC 2011) NFC justifies its project as preserving and improving local ecosystems and has displaced people for an environmental interest. The number of fires in Namwasa increased from six in 2001 to ninety-five in 2005 (UNFCCC 2011). NFC speculates that this is due to increased immigration and the accompanying expansion of agriculture and charcoal production.

According to NFC, Namwasa was 'designed and prioritized' as a carbon credits program (UNFCC 2011, pg 44). In 2006 NFC signed a contract is a carbon asset development firm and determined that the carbon credits accumulated then sold by the Namwasa plantation could finance most of NFC timber operations in Uganda. And the company has taken considerable steps to comply with the environmental standards that accompany CDM status. NFC argues that carbon finance is critical in sustain the companies operations through general maintenance and upkeep of plantations, tree replanting’s and community development.

NFC’s CDM project has resulted in the violent displacement of local populations. These displacements have left people poor, landless, food insecure and vulnerable. The evictions have destroyed property, livestock and communities. Evictees are reduced to wage labor in local communities and have seen a serious deterioration of quality of life. The addition of large groups of destabilized people into an already fragile area increases the risk of future conflict. The eviction of peoples in favor of carbon finance set a precedent for firms to displace peoples in the developing world to accommodate environmental standards in the developed world.

3. Duration:

Begin Year: 2004
End Year: To Present
Duration: Ongoing

Though the Namwasa Reserve was first gazetted as a CFR in 1956, and local villagers have been living there as early as the 1970s, the conflict has been ongoing since 2005. Encroachment in the reserves was not considered a problem until the formation of the NFA in 2003. Encroachment in the Namwasa Reserve was not a problem until 2004/2005 when the NFC was lisenced the land. Until that point there had been programming to register residents.

4. Location

Continent: Africa (Sub-Saharan)
Region: East Africa
Country: Uganda

The Republic of Uganda is located in East African on the East African plateau. It shares a border with South Sudan, the Democractic Republic of the Congo, Kenya, Rwanda, and Tanzania. The Namwasa Central Forest Reserve is located in Mubende district central Uganda and surrounded by about thirty rural villages. Mubende district is driven by rural agriculture. Incomes are low and the area is highly populated but largely undeveloped.

The map below marks the area of the Namwasa reserve in yellow and outlined in red. The blue areas highlight the areas eligible for carbon sequestration, though the whole space ineligible for planting and development. The red markers indicate sites within the boundaries of the reserve that demonstrate agriculture development within the reserve before NFC began its' operations in the area (the map is constructed of photos from 2001-2004). The red markers are meant to highlight potential areas of conflict and eviction. The embedded map below shows the corresponding red pins and allows the user to zoom in closer and see the extent of development within the reserve. These site markers are meant to serve as an example and are by no means exhaustive. The boundaries of the reserve and blue highlights are an approximation and as accurate as possible given available resources.

The tabs on the embedded Google Map below roughly correspond the the five farmland sites marked above. Zoom in on each tab to see sign of homes, farms and development with the reserve limits:

View Farmland Sites within the Namwasa Reserve in a larger map
View Farmland Sites within the Namwasa Reserve in a larger map

5. Actors

Sovereign Actors: Government of Uganda
Non-Sovereign Actors: New Forests Company, Local Ugandans

National Forestry Authority

The National Foestry Authority (NFA) is the government body responsible for management of the central forest reserves. It is the body responsible for licensing the NFC. It is also responsible for removal of encroachers in the reserve. The NFA authorized police and army to evict residents. There are also allegations that external secuirty firms was involved (Grainger et al. 2011, Zagema(a) 2011).

New Forests Company

The New Forest Company (NFC) is a private forestry company based in the United Kingdom. It has been celebrated as a socially and environmentally responsible company and has received investment from the International Finance Corporation (IFC) (the private investment branch of the World Bank) and the European Investment Bank (EIB). It is certified by the Forest Stewardship Council (FSC). FSC is the group that manages the SGS auditor that certified the Namwasa evictions were carried out peacefully and consensually.

Residents in the Namwasa Reserve

Settlers in the Namwasa Reserve are labeled encroachers by the NFA and NFC. The settlers are divded into three groups. There are local Ugandans who have lived in the area since the 1970s. The second group are other Ugandans that have migrated from southern parts fo the country (UNFCCC 2011). The third group are Rwandan refugees whose status remains unclear (Grainger et al. 2011).

II. Environment Aspects

6. Type of Environmental Problem

(e) Climate Change:

Climate Change and the Clean development Mechanism: The environmental problems in the Uganda case are unique. The response to address a larger environmental problem (climate change) has resulted in the displacement of local peoples, the destruction of property and loss of life. Though the clean development mechanism is meant to encourage economic development, envrironmental stewardship and mitigate green house gas emissions, this case demonstrates some negative impacts. The CDM was created by the Kyoto Protocol. Ideally, an investor, government or individual develops a project and has it approved as eligible for CDM status. The project then generates carbon credits that belong to the investor. The investor can then in turn sell the credits to other individuals or government that need credits to comply with GHG (green house gas) emission levels. The investor can also retain the credits to become complaint themselves. In return, the country the CDM project is located in experiences sustainable development.

Deforestation:

Deforestation: The impetus for the establishment of plantations and the CDM project is rapid deforestation in the area. NFC estimates timber operations, agriculture and grazing have resulted in a 79% loss of forest from 1990 to 2005 (NFC 2011, UNFCCC 2011). The graphic represents deforestation from 2002 to 2004 within the reserve and in the surrounding areas. The yellow indicate forest loss over a two and half year period. If the deforestation is the result of agricultural practice, then rapid loss of forest and the accompanying land degradation is indicative of increased migration into the area and a lack of alternative livelihoods in the community. It also represents a deficiency in local knowledge regarding ecosystem and forestry management, as well as awareness of the forest reserves that the legal implications therein.

7. Type of Habitat

Dry

Uganda is considered a tropical country with two rainy seasons and dry seasons. Mubende district is located in central Uganda, and is situated on large flat terrain known as the Great African Plateau and typified by rolling flat topped hills (UNFCCC 2011). The Namwasa Reserve is in an area known as the 'Singo Hills' that mark some of the highest altitudes in the region. The area is characterized as dry savannah (UNFCCC 2011) that features scattered semi-deciduous forests.

8. Act and Harm Sites:

Act Site: Uganda
Harm Site: Uganda

The forests reserve, relocations and properties are all located in Uganda. The event described above occured specifically within the Namwasa Central Forest Reserve in Mubende District, Uganda.

III. Conflict Aspects

9. Type of Conflict

Civil

Though the land has been licensed to a foreign firm for exploitation, the Ugandan government has been the primary actor in the removals and the destruction of property. It has been confirmed that police, army and security forces participated in the removals and the removals were under the purview of the NFA. Allegations that New Forests Company employees were involved in the evictions are unconfirmed as the NFC denies these reports. Though the impetus for removals was a foreign firm, the action was carried out by the government and displaced peoples have sough redress in Ugandan courts.

10. Level of Conflict

Resource Access

The removals have already taken place. There are reports of violence, the destruction of property, and one alleged death. Though these events are substantial they have resulted in minimal loss of life and the potential for retaliation or prolonged conflict are low. The inability of the Ugandan economy to absorb displaced people could lead to a rise in poverty. The resulting poverty could create conditions where conflict is more likely. If the evictions are perceived by local Ugandans to be carried out by the government it risks becoming a deeper grievance that could multiply other problems and result in instability.

11. Fatality Level of Dispute (military and civilian fatalities)

Low

It has been alleged that and 8 year old child was killed during evictions when security officers burned his home down. Reports have estmated that anywhere from 2,700 (NFC 2011) to 7,400 (Grainger et all 2011) have been removed from the Namwasa Reserve. Homes, school and farms have been burned down, and there have been allegations of violence and beatings by security forces.

IV. Environment and Conflict Overlap

12. Environment-Conflict Link and Dynamics:

Indirect

Causal Loop Diagram

CLD: This causal loop diagram is divided into connected loops. The first shows how increasing impacts from climate change reduce the amount of available land. With less land unoccupied and thus directly unavailable for commercial development, land acquisitions increase. The decreasing availability of land leads to the relocation of local peoples. In Namwasa, as relocations have increased livelihoods have decreased, food security has increased, and public health has decreased. Decreasing livelihoods drives down incomes, which contributes to a decline in food security and declines in public health. Local villagers are primarily subsistence farmers; they depend on their crops for food and the sale of surplus crops for income. Displaced peoples turn to unskilled wage labor for livelihood opportunities. This decreases income and increases food insecurity. Relocated groups move to urban slums, pushing families into small quarters and unsanitary conditions. Villagers can no longer rely on their farms for food and income. The quality of diets deteriorates as those relocated can only afford grains and millet.

13. Level of Strategic Interest

Global

The eviction dispute in Namwasa has global implications. It sets a precedent for mitigating climate impacts. An effort to grow trees in Uganda to absorb carbon in the atmosphere and offset carbon outputs in Europe and the United States has resulted in violent evictions. The case shows the negative impacts of one potential strategy for coping with climate change. If taken to the extreme, this case could provide the foundation for policies of massive social engineering.  The strategy moves large groups of people from rural areas into urban centers to preserve ecosystems and mitigate climate change. It is questionable how realistic such a policy might be.  A consequentialist might argue that these negative impacts are small compared to the positive impact it would have on the collective good, but this policy adapted on a large scale would disproportionally impact individuals in the developing world and be difficult to execute. Villagers in rural areas tend to be politically weak and vulnerable, and the majority of these people live in developing countries. It seems certain that ‘collective good’ arguments that move rural residents to urban areas would preserve one particular ‘collective good’ as imagined by first world policy makers. In addition rural residents in developing countries carbon footprints are minimal compared to urban residents in the developed world.

14. Outcome of Dispute:

In Progress

Villagers have been removed from the land and will not return. Legal action is unresolved and stalled. The NFC has built some schools and hospitals in the communities that border the reserve, and claims that many of the displaced peoples have migrated to these communities and become out growers or bee keepers in the companies programs (NFC 2011). It is unlikely however that the NFC's forestry operations will be able accommodate all the displaced residents of the reserves (through direct employment or the development of a service sector to accommodate higher wage employees). All though the company reports that many people have simply migrated to the surrounding communities, it seems likely that many will be forced to relocate to nearby urban areas, the nearest being Mubende City. It is unclear what the livelihood opportunities for these displaced peoples will be. Villagers in the reserve relied primarily on subsistence agriculture, coffee and banana production, or animal husbandry.

It is unclear how Uganda will absorb the evictees/encroachers. The removed people face at least four options. The first option is to move to the surrounding communities and work directly or indirectly for the NFC. Second, move to urban areas and seek new livelihood opportunities (most likely unskilled labor). Third, move to new rural areas and continue agricultural practices. And finally, stay in the area and pursue legal action against NFC and the Ugandan Government. Options three and four seem the least likely. Population in Uganda and the Rift Valley as a whole are already high. There is less space for parties to move to and property rights are becoming more formalized. Even if locals were able to move to another area and continue farming, land use disputes would certainly follow. Though the NFC is investigating the allegations regarding the removals, legal action is slow moving and residents have already been removed. It is thus highly unlikely that NFC of the Ugandan Government will return the claimed land. The first and second options are the most likely outcome. The NFC will be able to absorb a certain number of the displaced peoples, some will be able to tap into social support networks (extended family, remittances) and some will transition into different sectors of the economy. Others will migrate to urban areas in search of more livelihood opportunities.

The ability of the Uganda's economy to absorb these peoples remains to be seen. These agriculturalists will have to transition into new employment, become low wage laborers, or remain unemployed. The dispute remains in progress. The NFC and Ugandan Government will not allow the removed people to return to the land. Unless further investigation reveals compelling new data, the majority of displaced individuals will not receive compensation. People’s homes, schools, farms, and livelihoods have been destroyed, and the people themselves have been removed. This case has no winners; some actors have simply lost less than others. Local villagers have lost their livelihoods, the NFC has been embarrassed and had its reputation tarnished, and the Ugandan government faces increased scrutiny from its people. This case establishes a precedent for dealing with environmental degradation and climate change mitigation; one that accepts the removal of marginal peoples to preserve environment in the developing world and offset carbon emissions in the developed world.

V. Related Information and Sources

15. Related ICE and TED Cases

No. 55 - Guyana - Gold and Native Rights in the Guyana region of Venezuela

No.64 - Ogonioil - Conflict between the Government of Nigeria local Ogonis and oil exploration

No.27 - Niger - Desertification as a driver of conflict in Niger

No.12 - Belize - Conflict between local Mayans and the Government of Belize and logging rights

No.13 - Chiapas - 1994 revolt in Chiapas, Mexico in response to NAFTA

16. Relevant Websites and Literature

Oxfam's coverage of the reserves	New Forests Company's Response to Oxfam

Sources:

Forest Stewardship Council. "Forest Stewardship Council." About FSC. Forest Stewardship Council, December 2011. Web. 13 Dec 2011. <http://www.fsc.org/about-fsc.html>.

Grainger, Matt, and Kate Geary. "The New Forests Company and its Uganda plantations: Oxfam Case Study." Oxfam. 21 Sep 2011: n. page. Print.

Kron, Josh. "In Scramble for Land, Group Says, Company Pushed Ugandans Out." New York Times. 21 Sep 2011: n. page. Web. 14 Dec. 2011. <http://www.nytimes.com/2011/09/22/world/africa/in-scramble-for-land-oxfam-says-ugandans-were-pushed-out.html>.

Nation Forestry Authority. "National Forestry Authority ." Frequently Asked Questions on Forestry. National Forestry Authority, 2008. Web. 13 Dec 2011. <http://www.nfa.org.ug/content.php?submenu_id=12>.

New Forests Company. "Response to Oxfam." New Forests Company, December 2011. Web. 13 Dec 2011. <http://www.newforests.net/index.php/responsibility/response-to-oxfam>.

Tenywa, Gerald. "Uganda: Govt Recovers Namwasa Forest - Will the Programme Spread Countrywide?." allAfrica. 4 Apr 2010: n. page. Web. 14 Dec. 2011. <http://allafrica.com/stories/201004050368.html>.

UNFCC. UNFCCC/CCNUCC. Project Design Document form Project Activities Clean Development MEchanism Project Design Document Form for Afforestation and Project Activities (CDM-AR-PDD) Version 04 for Afforestation and Reforestation PDD) Version 04 . CDM Executive Board, 2011. Print.

Zagema, Bertram(a). "Land and Power: The growing scandal surrounding the new wave of investments in land ." Oxfam. 22 Sep 2011: n. page. Print.

Zagema, Bertram(b). "Oxfam's response to the SGS investigation into the Forest Stewardship Council complaint ." Oxfam. 12 Dec 2011: n. page. Print.

[November 2011 Nicholas Logler (c)]