Reference Is Made to a Letter from the Office of the Clerk to Parliament with Communication Ref: AB186/189/0L Regarding the Above Subject Matter

OFFICE OF THE MINISTER In any correspondence on MINISTRY OF AGRICULTURE, this subject please quote C/MIN/397 ANTMAL INDUSTRY AND FISHERIES P.O BOX 102 E-MAIL: [email protected] WEBSITE: www.agriculture.go.ug TELEPHONE: 256-414- 3207 5219, 414-321 t'19 THE REPUBLIC OF UGANDA FAX: 256414321047 8th July, 2020 ENTEBBE, UGANDA

The Rt. Hon. Speaker Parliament of the Republic of Uganda KAMPALA

CL.ARIFICATION ON THE ALLEGED UsE OF GOVERNMENT PROPERTY ON THE DISPIUTED LAND IN KIULA FOREST RESERVE

Reference is made to a letter from the office of the Clerk to Parliament with communication ref: AB186/189/0l regarding the above subject matter.

The attached lnformation Paper presents an update on the directive given by the Rt. Hon. Speaker on the type of equipment that are being used to degrade the forest and identify the owners.

Yours Sincerely,

Vincent Bamulangaki Ssempi Minister of Agriculture Animal Industry and Fisheries

CC: Hon Minister of State for Agriculture CC: Hon Minister of State for Animal lndustry CC: Hon. Minister of State for Fisheries Resources Cc: The Clerk to Parliament of Uganda INFORMATION PAPER TO THE 1OTH PARLIAMENT OF THE REPUBLIC OF UGANDA ON THE ALLEGED MISUSE OF NAADS TRACTORS IN KAYUNGA DISTRICT

1.0 Introduction

1.1 Hon. Members, at the llthsitting of the 1't Meeting of the 5th Session 10ft

Parliament of the Republic of Uganda,held on Wednesday 2ndJuly 2020, a

statement on the alleged use of Government property on the disputed land in Kiula Forest Reserve was presented to Parliament.

1.2 Resulting from the Statement, the Rt. Hon. Speaker directed the Minister for Agriculture Animal Industry and Fisheries to expeditiously establish the type of equipment that are being used to degrade the forest, identiff

the owners, take action and report back to Parliament on Tuesday 7th July 2020.

1.2 This information Paper provides an update on the directive given by the Rt. Hon. Speaker.

2.0 Purpose. The purpose of this information Paper is to:

i. Notify the Hon Members on the alleged use of Government property on the disputed land in Kiula Forest Reserve, Kayunga District;

ii. NotiS Hon Members on the type of heavy equipment units that are being used to degrade the forest, and its owners;

iii. Notify Hon Members the MAAIF heavy Equipment units utilization is guided by the operational guidelines and regulations thus before any deployment is carried out, the engineers visit the field to carry out detailed technical assessment and verification of the requested, applied

1 works or activities based on the approved application forms duly filled, signed and approved by the Sub County Chief and Chief Administrative Officer of the respective District were the works are required thus clears

the issues of land ownership and also alerts the district of the govemment equipment presence and deployment in the area or locality.

3.0 Background

3.1 Government of Uganda, through the Agricultural Mechanisation Project has Five sets of Heavy Equipment Units deployed to districts for bush clearing,

land opening, road rehabilitation and construction, dams, valley tanks and fish ponds construction and development and other on farm activities. Also through NAADS Secretariat,320 Tractors and matching implements were provided to farming communities across the Country under the Initiative to promote Agricultural Mechanization. To ensure effective and sustainable utilization of the Tractors and Implements by the beneficiaries, Government developed operational Guidelines for access, use and management of the Tractors.

3.2 Tripartite Memorandum of Understanding (MOUs) are signed between NAADS on behalf of Government, District Local Governments and the Beneficiaries before Tractors and Implements are issued to the target Beneficiaries. The MOUs also make reference to the Operational Guidelines to follow to ensure effective utilization of the Tractors and accompanying Implements.

Ministry heavy equipment units are accessed through operational guidelines on cost sharing and subsidy basis.

3.3 In December 2019, Kayunga District Local Government received Three (3) Tractors which were distributed to the following Farmers' Organizations:

2 I Kwagala Garilaya Agricultural Marketing Cooperative; ii Kayunga Farmers' Savings and Credit Cooperative; and iii Ntenj eru Nother Master Multipurpose.

3.4 It is however alleged that the ministry heavy equipment units and tractors given to Kayunga District Local Govemment have been used for purpose of bush clearing, opening land and ploughing for planting sugarcane and in the process destroyed forests cover in the district. The forest reserve in question

is located in Galiraya Sub County where Modern Agriculture Infra Ltd (GM

Sugar Ltd) is establishing a sugar plantation.

4.0 Investigations Undertaken

4.1 On Thursday 2nd July 2020, NAADS Secretariat sent out two officers - the Head of Communication and Public Relations and the Assistant Value

Chain Development Officer, to carry out a fact finding mission on the raised allegations. The team visited the Kayunga District Local Govemment

Officials and made field visit to the area in question. The ministry also sent the officer, Engineering Assistant based in Kayunga

District to visit the stated forest reserve and provide facts.

4.2 At the District Headquarters, the Investigating Team interacted with the District Production Officer and the District Agricultural Engineer, Kayunga DLG. The Two Officers confirmed that they too had heard about the allegations. The DLGs Officers further emphasized to the Investigating Team that the tractors provided by Government through NAADS Secretariat to the three (3) Beneficiary Farmers' Groups in the District were not involved in opening up land for sugarcane planting in the Forest Reserve as alleged. They reiterated that activities of the Three Beneficiary Farmers' Groups are closely supervised by the District

3 Agricultural Engineer. The District Agricultural Engineer there after accompanied the Team from NAADS Secretariat travelled to the site in question.The site visited was a Sugarcane Plantation in Galiraya Sub

County being established by GM Sugar (U) Ltd.

Also the Engineering Assistant from the ministry visited the same site on

7th July 2020 and established that the activities being undertaken don't involve government equipment.

5.0 Key Findings

5.1 During the fact finding mission at the site, the Investigating Team interacted with the Supervisor GM Sugar (U) Ltd Mr. Nswa Juma and the

Head of Security Mr. Robert Kawiso. The Team also interacted with the Secretary of Kwagala Galiraya Agricultural Marketing Cooperative Society Mr. Dhikusoka Olar Godfrey, one of the beneficiaries of Tractors

from NAADS operating in the affected Sub County. In addition, The Engineering Assistant Mr.Tibagamwaine also interacted

with the following and they provided their contacts: The owner, Mr. Sekamate Musa the property Manager for the company

with telephone contacts: 07008923 6710787465447 . The O/C Station Galiraya Police station and his contacts: 07829285761 0703102407. The Chairman Area Land committee, Mr, Sajjabi Shaban and his contacts: 0782091408.

5.2The team established the following: i. The area visited is Sugarcane Plantation under establishment by GM Sugar (U) Ltd;

ii. There are wrangles on the land being cleared between NFA and the above mentioned company or person currently using and bush

clearing the land but the court order was issued clearing the

4 investor to continue utilizing the land (Similar to the statement from the OC Galilaya Police Post where I first reported on my arrival to galilaya, and then it was confirmed to by the current property or land Manager of the company called Mr. Sekamate Musa).

1il. A total of twelve (12) heavy equipment units (Bull Dozers and Chain Loaders) and Three (3) Tractors were found at the site; The Supervisor and Head of Security GM Sugar Ltd informed the

Investigating Team that the Company i.e.GM Sugar (U) Ltd is

currently using a total of twelve (12) equipment to clear the land, 5

of these are owned by the company while the 7 were hired from a one Musa Ssekamatte - a Private equipment Provider from Kasokoso- Kayunga District;

ll. The equipment which are privately owned were used to clear land,

while the Tractors were being used to open, plough and harrow; lll No equipment or Tractor provided by Government through NAADS Secretariat to the Three Farmers' Groups Beneficiaries in Kayunga District were found on site at the time of the visit; lv The Investigating Team also visited Kwagala Galiraya Agricultural

Marketing Cooperative Society and was taken to the area where the

Tractor received from NAADS Secretariat was operating from; v At the time of the visit, the Tractor received from NAADS were found working on a garden of one of the members of Kwagala Galiraya Agricultural Marketing Cooperative Society, far away

from the area under question; vl. The records of Kwagala Galiraya Agricultural Marketing Cooperative Societypresented to the Investigating Team indicated that the Tractor is optimally used to benefit the members of the Cooperative to plough and harrow.

5 a

vll. MAAIF heavy equipment units haven't been deployed or utilised for the works and activities found on ground and no requests and

application of service has been expressed by the proprietors.

6.0 Conclusion Hon Members may wish to note that:

i. The allegations that MAAIF heavy equipment units/NAADS were deployed and being utilized by the said company for opening, bush clearing and ploughing of the land in preparations for sugar cane growing in Kiula Forest Reserve, Kayunga District is not true; ii. MAAIF heavy Equipment utilization is guided by the approved operational guidelines and regulations thus before any deployment is carried out, the engineers carry out detailed assessment of the applied works or activities based on the approved application forms duly filled, signed and approved by the Sub County Chief and Chief Administrative Officer of the respective District thus clears the land ownership issues and also alerts the district of the government equipment presence and utilization in the area or locality. iii. There is a wrangle on the said land being cleared between NFA and this company currently bush clearing the land and this facts can also be confirm with the OC Galilaya Police station mentioned above.

Vincent Bamulangaki pijja(MP) MINISTER OF AGRICULTURE ANIMAL INDUSTRY AND FISHERIES.

July,2020.

6 MINISTRY OF AGRICULTURE, ANIMAL INDUSTRY AND FISHERIES

o8th July 2020 The Project Coordinator

REPORT ON FIELD FINDINGS ON THE BUSH CLEARING OF KIULA CENTRAL FOREST RESERVB BY MODERN AGRICULTURE INFRA LTD IN KAYUNGA DISTRICT.

Modern Agriculture Infra Limited is the company currently carrying heavy bush clearing land and felling down of trees in Kiula Central forest reserve in Kisalizi Parish, Galilaya sub county, Kayunga District, about 05km off Baale - Kawongo road and 06km from Galilaya Police post/station.

FACT FINDINGS; The land is about 6000 acres and is for Sugar cane growing.

There is a wrangle on the land being cleared between NFA and the above mentioned company or person currently using and bush clearing the land but the court order was issued clearing the investor to continue utilizing the land (Similar to the statement from the OC Galilaya Police Post where I first reported on my arrival to galilaya, and then it was confirmed to by the current property or land Manager of the company called Mr. Sekamate Musa).

Currently, the company has deployed twelve (12) Machines, three of which are ploughing Tractors while the rest are bulldozers and chain loaders for bush clearing and light grading and are all hire from different privet companies and individuals as per the statement of the person guarding and working as the manager. Refer to the attached photographs for ease of reference. This contradicts the information alleged that the heavy equipment units deployed on ground were from the Ministry of Agriculture Animal Industry and Fisheries thus false allegations. Team Composition in the Field: Members present at the time of inspection and field verification of the activities undertaken includes the following under listed:

- The owner, Mr. Sekamate Musa the property Manager for the company with telephone contacts: 07 008923 67 I 07 87 465447 . - The O/C Station Galiraya Police station and his contacts: 07829285761 0703102407. - The Chairman Area Land committee, Mr, Sajjabi Shaban and his contacts: 0782091408. - MAAIF Engineering Assistant, Moses Tibagamwaine and contacts: 0773772173. Conclusion The allegations that MAAIF heavy equipment units were deployed and being utilized by the said company for opening, bush clearing and ploughing of the land in preparations for sugar cane growing in the mentioned central forests reserve are false and not factual. MAAIF heavy Equipment utilization is guided by the operational guidelines and regulations thus before any deployment is carried out, the engineers carry out detailed assessment of the applied works or activities based on the approved application forms duly filled, signed and approved by the Sub County Chief and Chief Administrative Officer of the respective District thus clears the land ownership issues and also alerts the district of the government equipment presence in the area or locality.

Tibamwagaine Moses

Engineering Asst. Below are the photographs for heavy equipment units under deployment. .,: . a a