Impacts of Extractives on Land, Environment and Women's Rights

IMPACTS OF EXTRACTIVES SPECIEMENON LAND, ENVIRONMENT AND WOMEN’S RIGHTS IN EAST AFRICA JUNE 2018 SPECIEMEN Women doing Manual labour in Sand Mining in Western Uganda. Photo Credit: NAPE SPECIEMEN SPECIEMENCONTENTS ACKNOWLEDGEMENTS ...................................................................................................... i ACRONYMS AND ABBREVIATIONS ..................................................................................... ii EXECUTIVE SUMMARY ...................................................................................................... iii - iv SECTION 1. INTRODUCTION .............................................................................................. 1 SECTION 2. CONTEXTUAL ANALYSIS .................................................................................. 4 SECTION 3. FINDINGS ........................................................................................................ 8 SECTION 4. POLICY ANALYSIS AT LOCAL, NATIONAL AND REGIONAL LEVELS ...................... 19 SECTION 5. ANALYSIS OF GENDERED IMPACTS OF EXTRACTIVES ....................................... 24 SECTION 6. MAIN CONCLUSIONS AND RECOMMENDATIONS ............................................ 32 REFERENCES ...................................................................................................................... 38 ACKNOWLEDGEMENTS We would like to thank the Global Alliance for Green and Gender Acton (GAGGA) for funding the study. Thanks also go to Ms. Sostne Namanya-Gender & Food Security ofcer at Natonal Associaton of Professional Environmentalists (NAPE) for coordinatng this programme. We are grateful to the Nine partners in each of the study countries for having undertaken the reviews and feld work. These partners include the Natonal Associaton of Professional Environmentalists (NAPE), Natonal Associaton for Women’s Acton in Development (NAWAD), Anaka Foundaton, Kwataniza Women’s Farmers Group (KWG) in Uganda; the East Africa Advisory Board-Global Green grants Fund (EAAB-GGF), Urgent Action Fund-Africa (UAF-Africa) and Nature Kenya in Kenya; Ujamaa Community ResourceTeam (UCRT), and Women Fund Tanzania(WTF) in Tanzania. We would like to extend our grattude to the staf members of the partners, consultants, research assistants, community grassroots women’s groups, local and politcal leaders, and technical persons in environment and mining sectors across the three countries who were supportve during data collecton and validaton exercises. Lastly, our appreciaton goes to Ms. Harriet Pamara for editng and compiling this report. IMPACTS OF EXTRACTIVES ON LAND, ENVIRONMENT AND WOMEN’S RIGHTS IN E.A i SPECIEMEN ACRONYMS AND ABBREVIATIONS ACHPR African Charter on Human and Peoples’ NAWAD Natonal Associaton for Women’s Rights Acton in Development AIDS Acquired Immune Defciency Syndrome NDC Natonal Development Corporaton ASM Artsanal & Small-scale Miners NEEC Natonal Economic Empowerment COMESA Common Market for Eastern and Council Southern Africa NEMA Natonal Environmental Management CEDAW Conventon on the Eliminaton of all Authority forms of Discriminaton against Women NEMC Natonal Environment Management CSOs Civil Society Organizatons Council DRC Democratc Republic of Congo NGO Non-Governmental Organisaton EAC East African Community NPGD Kenya Natonal Policy on Gender and EALA East Africa Legislatve Assembly Development EIA Environmental Impact Assessment PAP Project Afected Persons EITI Extractve Industries Transparency PEPD Petroleum Exploraton and EMCA Environmental Management and Producton Department Co-ordinaton Act RRMA Riparian Resource Management FDI Foreign Direct Investment Associaton FGDs Focus Group Discussions SDGs Sustainable Development Goals FIDA The Uganda Associaton for Women SIDO Small Industrial Development Lawyers Organisaton GAGGA Global Alliance for Green and Gender SML Special Mining Licenses Acton SPSS Statstcal Package for Social Sciences GDP Gross Domestc Product STDs Sexually Transmited Diseases HIV Human Immune Virus STAMICO State Mining Company IDPs Internally Displaced Persons TAWOMA Tanzania Women Miners Associaton ISIS WICCE Internatonal Cross-Cultural Exchange. UBOS Uganda Natonal Bureau of Statstcs IWGIA Internatonal Working Group for UCRT Ujamaa Community Resource Team Indigenous Afairs UN United Natons KNCHR Kenya Natonal Commission on Human URT United Republic of Tanzania Rights WGDP Women and Gender Development LCV Local Council Five Policy LC 1 Local Council One ML Mining Licenses NAPE Natonal Associaton of Professional Environmentalists ii IMPACTS OF EXTRACTIVESSPECIEMEN ON LAND, ENVIRONMENT AND WOMEN’S RIGHTS IN E.A SPECIEMEN Kijayo women group in Hoima District in a group discussion Photo credit: NAPE EXECUTIVE SUMMARY The study presents key findings from three East African countries (Kenya, Tanzania and Uganda) on the impacts of extractives on land, environment and women’s rights. The study used mixed methodology whereby some partners used literature review purely and others combined with actual feld study. The study implored the Women in Development (WID) feminist’s framework so as to understand women’s rights, access to land and related benefts in the extractve industry. The study also looked at the roles of diferent stakeholders in the extractve industry and their power. The fndings indicate that governments have a big role to play in the sector such as policy formulaton that would give women right to land and ensure women beneft from the extractve industry and also ensure that these policies are implemented for example; compensation and participation in decision making process. In addition, the overall mandate of protecting the rights of women lies within the laws and therefore governments as duty bearers need to ensure that women receive redress and remedies to the violatons of their rights. It is very clear that policies that would protect the rights of women if implemented are not being enforced and in scenarios where implementation is done, then there is weakness in enforcement for example; compensation of land owners in Tanzania and Kenya does not consider women as land owners because of the patriarchal nature in which they operate and yet there is a provision within the law of co-ownership. In Uganda, during compensaton, government does not take into account the user rights of women who have been tlling the land but only looks at “owner” with the assumpton that land belongs to a man and yet customarily land does not belong to an individual, these kinds of loopholes need to be addressed by duty bearers. In East African countries, the key stakeholders in extractves are government or state insttutons such as parliaments, ministries of environment and minerals,and mandated authorites. These insttutons have high power and high infuence and can,with good will and focus, address human rights and issues facing women in extractves. IMPACTS OF EXTRACTIVES ON LAND, ENVIRONMENT AND WOMEN’S RIGHTS IN E.A iii EXECUTIVE SUMMARY compensatons are only given to land owners and The study is to inform all the partners and stakeholders in terms of ownership, women do not own land on the impacts of extractve industries on women in and or any property therefore miss out and yet SPECIEMEN East Africa. The research is signifcant in providing well they have been at the core of utlising the land in documented evidenced based recommendatons for queston raises a lot of questons to be answered policy makers, advocacy groups, NGOs,academia and for example; during the planning process, was companies at national, regional and international there any analysis done to establish the one using levels. the land or whose crops are being destroyed by extractve actvites. The findings from the study pointed out some of critcal issues for women in the extractves as being There has been massive destruction of the loss of land which has numerous negatve impacts on environment (land, water, forest, wetlands) and women’s livelihoods. Key to understanding this is to this has greatly impacted negatvely on the lives frst appreciate that women consttute the majority of women& men. However, women sufered more of people living in rural areas and represent the highest because of their interactons with the environment number of people working on land for subsistence for livelihood substance for example; land is used livelihoods and their rights to access and ownership for food producton and once it’s been destroyed of this land is not the same as that of their male then there is no food and yet it is the role of women counterparts. to produce food; water is life and women depend on water for domestc use and even fshing as an Customarily practices systematically deny women economic actvity; forest provides women with fuel access and ownership to land. Given this background, wood,fruits,herbs and materials for crafs just like loss of land (access to use and control) implies denying the wetlands and so when all these have been women the right to live. It is very clear that the destroyed by extractve actvites then women are majority of the women in the study sites where lef with no alternatve optons for survival and extractive activity is on-going are predominantly therefore the burden of providing for their families peasants’ communites whose livelihoods depend on triples such as walking longer distances in search of land for agriculture. Loss of land has a number of fuel wood, herbs and water. implicatons for a woman such as; homelessness, drop in food producton thereby food insecurity because There

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