MR. ROBERT ONGOM CWINYA-AI.
Tel: 1-504-957-7364. E-mail: rocwinyaai@yahoo.co.uk
April 23rd, 2015.
RE: PHD NATURAL RESOURCES LAW - RESEARCH PROPOSAL:
(This Research proposal should be read in conjunction with my application personal statement.)
Topic:
The principle of “Free Prior and Informed Consent” and its application to Natural Resources Project Development in the Developing World; To what extent does Corporate Social Responsibility influence the relationship between Oil Companies and their host governments? Averting the Oil Curse. Case study Uganda.
Introductory Issue:
Following the ever increasing discovery of oil in large quantities in Uganda, investor companies are arriving in the East African country in big numbers. Most of this discovery in the country is on indigenous people tribal land. Already there appears to be efforts on the part of agents of the state, to get the indigenous tribal land residents to forcefully vacate the land. This is happening in Northern Uganda (Amuru District), where it is assumed residents are not that sophisticated or well informed, after decades of war. There is no set uniform regime of compensation in place. “When Oil is discovered on your land, that land reverts back into Government Property”, so they say. This will breed protests in the long run, and subsequently, conflict.
The notion of Free Prior and Informed Consent first emerged in the area of medicine in relation to indigenous peoples, where it became necessary to obtain a patient’s consent prior to invasive surgery. It is now a well established principle of
international law. It is no longer now limited to medical practice.
Many countries in the developing and underdeveloped countries, including Uganda, continue not to incorporate such laws into their national laws in favour of their tribal land residents, leading to legal friction between investor companies, the national government and the indigenous tribal natives.
Investor companies ignoring their Social Corporate Responsibility, CSR are complicit with the host national governments in having their will at the expense of the native indigenous citizens.
Corporate Social Responsibility also known as Corporate Conscience is a form of corporate self-regulation integrated into a business model. It functions as a self regulatory mechanism whereby a business monitors and ensures its active
compliance with the spirit of the law, ethical standards and internationally accepted norms. In some investor companies this may go beyond practices that may appear to further some social good beyond the interest of the firm and that which is
required by law. CSR aims to embrace responsibility for the corporate action and to encourage a positive impact on the environment and stakeholders including
consumers, employees, investors, communities and others. In modern sense this may be a company’s responsibility towards the community and the environment in which it operate.
In relation to Uganda, how much are the oil companies in Uganda doing to improve the quality of life of the indigenous people among whom they operate?
This research will delve into how harmony among the parties, The Uganda
Government, The Oil Companies and the Indigenous tribal Land residents can be achieved in such cases, and how this relates to Uganda as a country.
Significance of this Thesis Investigation:
This investigation and thesis will persuade the international community to take a critical look at the Uganda Government’s abuse of the country’s indigenous tribal people, who live on tribal land, who often are unsophisticated and cannot fend for themselves.
This investigation will bring facts to the attention of the International Labour
Organization – ILO. ILO Convention on Indingenous and tribal peoples in
independent countries 169/1989 refers to the principles of FPIC in the context of
be made by all independent states to fully consult with indigenous people in the context of development, land and resources.
The outcome of this investigation will ask the international community and
organizations to bring pressure to bear upon the Uganda Government to adopt the principles of FPIC to allow for a greater harmony between Government, Investors companies and the Indigenous Tribal land residents.
This thesis when completed successfully, also aims to persuade the Uganda Government to adopt the principles of FPIC into the country’s law.
This work will also require the Ugandan Government to change or abandon certain laws that are used to evict indigenous people from tribal land. More specifically
Article 6.1.1. of the Uganda National Oil and Gas Policy (on the Impact on
Land Ownership and Use) which states that: “……Government shall where
necessary and in accordance with the (Uganda) Constitution, acquire land in the public interest to support implementation of oil and gas activities. This aspect of the law has been used to imply that when oil is discovered on your property, that
henceforth becomes public/ Government property.
Article 244 of the Uganda Constitution vests the control of petroleum in its
natural condition in or upon any land or waters in Uganda in the Government on behalf of the Republic of Uganda. This law has the same effect of removing
ownership on land from citizens on whose land oil has been discovered. Indigenous tribal people who live on tribal land, that is supportive of their livelihood and culture are the ones most affected by these repugnant laws.
Methodology:
The work methodology here will be multi-method.
I will employ the following methods of work in my study:
On Campus library setting: Case law, statutes, electronic newspapers, International Conventions and legislation.
Note: It must be noted that, since Oil business is a new phenomenon in Uganda, it follows that the country does not yet have any Oil and Gas Law legal literature in store. This thesis will go ahead and discus some of the newly established conflicting statutes. Foreign legal statutes and case law will therefore, become persuasive in this work.
leadership, and consultation with Local Newspapers officials. I will also use observational skills.
Goals:
- A better understanding of the inner workings of the principles of Free Prior and Informed Consent, FPIC for both the Uganda Government and foreign investor Oil Companies.
- Encouragement of investor companies to adhere to practices that uplift the quality of life, CSR, for the tribal communities within which the operate
-The construction of a theoretical model of advanced strategy to inform the indigenous tribal land residents on how they will benefit from arriving investor companies to facilitate better acceptance of investor entities.
- Harmonious tripartite relations among the Indigenous Tribal Land Occupants, Investors and, the government.
- Elimination of looming natural resources related conflicts resulting into protests that will frustrate all parties involved in Uganda.
- The persuasion of Uganda Government to enact the principles of Free Prior and Informed Consent into National Law.
Value of Study:
There is no published work on the actual use of legal remedies in general on FPIC in Africa, where the exploitation of natural resources is concerned. When completed successfully, this work will be of interest to the following business entities: The Uganda Government, Lawyers, Policy makers, Local and Foreign Oil related
investors, and Indigenous Tribal Land resident leaders. This would also be the first time such question has been investigated in the Greater Eastern Africa which is awash with Oil discoveries.
Corporate Social Responsibility or the lack thereof, on the part of the arriving companies is yet to be seen. If completed this would avert conflict and influence positive FPIC discussions in Oil business communities where other East African countries: Kenya, Tanzania and Mozambique will follow suit.
How would the principles of Free, Prior and informed Consent relate to Uganda’s indigenous tribes living on indigenous tribal land? And, how keen are the arriving Oil companies keen on their bargain of Corporate Social Responsibility package to uplift the quality of life of the indigenous residents?
I am aware of the Information that already exists in this field of research. It is still minimal. This investigation will add to it.
This work will identify the gaps that exist in the researched literature already done.
This work will identify other authors working in this field, and point out what is not known and offer suggestions on questions that have not yet been covered.
This work will identify major seminal works.
This work will identify the main methodologies and research techniques that were used in the past, as to whether they were effective.
This work will investigate and identify the main ideas, conclusions and theories and proceed to establish similarities and differences.
This work will also show the relationship between the previous studies and theories as it will differ from the new theories this work seeks to uncover.
But this work will establish and provide the different context of research all of its own.
Discussion:
I have done sufficient investigation to establish that this topic, as it relates to Uganda, is deserving of a PhD study. Where natural resources are concerned, this work has not been attempted in relation to Africa, where more natural resources are yet to be discovered. Most Africans including those who lead urban lifestyle, are potentially rooted on indigenous tribal lands.
I have investigated, established and, I am convinced that there is enough literature available to enable the compilation of a PhD thesis work to begin.
Funding:
Conclusion:
The results of this investigation will be fruitful and make an original contribution.
On the academic note, the main purpose of this PhD thesis is to show that the subjects of the principle of Free, Prior and Informed Consent FPIC, and Corporate Social Responsibility, CSR on the parts of arriving investor companies are still significant enough to warrant further investigations. These phenomenon, FPIC and CSR are tied directly to Uganda’s Indigenous peoples’ tribal land. The Non
adherence of these two mechanisms on the part of the Uganda Government, and the investor Oil companies will be the source of conflict in the near future.
The aim and objective of the completion of this work will lead to a greater understanding as it relates to Uganda’s, indigenous tribal land residents. This understanding will usher in mechanisms and theories in place that will avert the looming conflict.
The method of this investigation will be multi method. It will be on University
campus library based, and field trips that will yield long face to face interviews with officials in Uganda, and observations.
This work when successfully completed will be of interest to, and benefit the
following public entities: Academics, Lawyers and Law students, Sociologists, Public Administrators, Politicians, Investigators, Economists, Policy Makers, Uganda
Government Officials, Foreign Natural Resources Investors, Indigenous Peoples Tribal Leadership, All East African (Uganda, Kenya, Tanzania and Mozambique) Petroleum Authority ministries etc…
Bibliography:
The source to literature available among others, is not limited to the bibliography listed below :
1. Article 10: The principle of Free and Prior Informed Consent (FPIC) in the United Nations Declarations on the Rights of Indigenous Peoples (UNDRIP) . 2. Articles 11, 19, 28 and 29 of the United Nations declaration also explicitly use
the term FPIC.
3. FPIC is also established in International Convention, notably the ILO Convention 169 on Indigenous and Tribal peoples. Countries including Australia, Philippines and Peru have today included FPIC into their national laws.
5. Tara Ward. “The Right to Free, Prior and Informed Consent: Indigenous
Peoples Participation Rights within International Law”. Journal of International Human Rights.
6. Human rights Council 24th Regular Session: Statement of the Asia Indigenous Peoples Pact (AIPP). By Joan Carling, Secretary General, September 2013. 7. The Worst of the Worst 2012: The Worlds’ Most Repressive Societies (Report).
Freedom House .
8. UN-REDD Programme: Guidelines on FPIC.
9. African Charter on Human and Peoples Rights (Banjul Charter)(1981). 10.“Why FPIC Makes Good Business Sense”. Guidelines on Free Prior and
Informed Consent- FPIC. World Resources Institute Report.
11.McWilliams, Abigail; Siegel, Donald; Wright, Patrick M. (6 April 2000)
“Corporate Social Responsibility: International Perspectives”. Working Papers 0604, Troy, New York: Depatment of Economics, Rensselaer Polytechnic Institute.
12.Rosenberg, Mathew J. (1 April 2002) “Review of Misguided Virtues: False Notions of Corporate Social Responsibility”. International Affairs.
13.10 Key Things to Know About CSR Brand Strategy (London) 2007.
14.Sun, William (2010) How to Govern Corporations So they Serve the Public Good: A Theory of Corporate Governance Emergence. New York: Edwin Mellen. ISBN 978-0-7734-3863-7
15.Bhattacharya, CB; Sen, Senker; Korschum, Daniel (2011) Leveraging Corporate Social Responsibility: The Stake Holders’ Route to Business and Social Value. Cambridge: UK Cambridge University Press.
16.Uganda Petroleum Law and Policy.
17.“Implications of Companies Act, 2013 Corporate Social Responsibility”, Grant Thornton India LLP. Retrieved 7th March 2014.
18.“Why CSR?, The Benefits of Corporate Social Responsibility Will Move You To Act.” Devin Thorpe, Forbes online 5/18/2013.
19.William B. Werther, Jr., David Chandler. Strategic Corporate Social Responsibility; Stake Holders in a Global Environment. (2011) SAGE Publications, Inc.
20.Indigenous Peoples Customary Law and Human Rights – Why Living Law Matters. Brendan Tobin (2014) Routlage.
21.Indigenous Peoples Title to Territory, Rights and Resources; The
Transformative Role of Free Prior and Informed Consent. Cathal M. Doyle (2015) Routledge.
22.The Uganda Petroleum (Exploration and Production) (Conduct of Exploration Operations). Statutory Instruments Supplement No. 15. 5th November 1993. 23.The Uganda Petroleum Exploration and Production Act (Laws of the Republic
of Uganda), Revised Edition, 2000, Vol VII, Chapter 150, Commencement: 27 September, 1985.
24.National Oil and Gas Policy For Uganda, February 2008 (Ministry of Energy and Mineral Development). http://www.energyandminerals.go.ug
25.The Uganda National Land Use Policy 2004
