Summary: The Bugoma forest boundary opening report has no findings, recommendations and conclusion by the surveyors as a call on the government to solve the protracted legal battle between NFA, Hoima Sugar Limited and Bunyoro-Kitara Kingdom
By JALIRA NAMYALO
The survey report for the boundary opening of Bugoma Central Forest Reserve in Hoima and Kikuube districts has angered conservations who have described as a ‘sham’.
Conservationists under the Save Bugoma Forest Campaign say that the boundary opening report for the forest reserve does not provide a conclusive finding on whether Hoima Sugar Limited (HSL) encroached on Bugoma CFR land.
They have asked the government to re-think its position on Bugoma forest reserve give away and land grab in order to save the integrity of the conservation.
In a statement issued, the conservationists say that the boundary opening report relies on illegally obtained certificates of registrations, the illegal Environmental Social Impact Assessment (ESIA) certificate, the search statement, and court judgments to reach a finding that Hoima Sugar Ltd is utilising land leased to it by the Omukama of Bunyoro Kitara Kingdom (BKK), without determining whether that land is within the Bugoma CFR gazetted area.
Godfrey Twesigye, the team leader at Water and Environment Media Network Uganda says that the report falls short of the expectations and does not solve the issue at hand but rather seeks to validate the illegal land grab under the guise of Bugoma forest reserve.
The report dated November 30, 2023 was forwarded by the Minister of Lands, Housing and Urban Development (MLHUD), Judith Nabakooba to the Minister of Water and Environment following a cabinet directive but it has never been made public.
The directive tasked the Lands surveyors to open the boundaries of Bugoma forest reserve to determine whether Hoima Sugar Limited (HSL) encroached on the forest land and to resolve other pending boundary verification exercises ordered by the court to ensure the conservation of the forest.
The report shows that National Forestry Authority (NFA), a government body mandated to protect forest reserves is a claimant among the 23 others claiming proprietorship of various parts of Bugoma Central Forest Reserve land.
Titled “the boundary opening report for Bugoma Central Forest Reserve” the government document shows that NFA claims for approximately 41,144 hectares of land with 132.5 Km of boundary cutline while 44.5 kilometers of the boundary is marked by natural features including rivers; Nkusi Nyakatete and Kamugamba.
The report indicates that the NFA claim is based on the statutory instrument number 63 of the forest reserves declaration order of 1998, forest maps on reference number BN/63, map sheet reference 47/2, 4; 48/1, 3 as well as boundary plans Bp. 1507 and 1637.
“The perimeter is witnessed by the majestic concrete pillars standing 1.1 meters above ground level. The boundary plans have clearly marked turning points and boundary plans compute to a total area of 39,492,620 hectares,” reads part of the report.
Compiled by the Ministry of Lands, Housing and Urban Development, the report further shows that Hoima Sugar Limited has 5,779.7 hectares (14,281.64 acres) in Kyangwali estate.
It shows that the basis for Hoima Sugar Limited’s claim is based on the copy of certificate of title, copy of search statement dated June 10 2021 and the Environment and Social Impact Assessment (ESIA) by National Environment Management Authority (NEMA) as well as a High Court judgement in the case between NFA against Hoima Sugar Limited and Bunyoro Kitara Kingdom at Masindi.
Other claimants include; Atugonza Francis with a customary claim of 1,318 hectares (3,256.78 acres), Bitarabeho Shaban of Shabi Trading Company Limited (35.845 hectares), Balihamwe Rajab (150 acres), Mugenyi Ephraimu (377.167 Hectares), Rwemera Mazirane Emmy (600 hectares), Byaruhanga Matia, Mutekaniza Fred and Isingoma Isaac claim for 517 hectares while Kasaija Serevesti and Semate Crestom with each claiming for 500 acres.
Also on the list are; Mustafa Zaidi of MZ Agencies claiming for 2000 hectares (4,942 acres) at Kisaru, 296.5720 hectares (732.83 acres) at Nyangabi- Kimbugu and 662.3484 hectares (1,636.663 acres) at Nyaigugu.
Acceding to the list, Tusabomu Gerald, Kiwanuka Richard and others claim for 500 acres at Nyairongo Rwenkobe villages, Rev Joachim Mugisa Ateenyi (150 hectares, 200 acres at Kitakara in Kyangwali; Tulipona Veteran’s Association (2000 acres), Kaganda Muhammadi (60 acres) Ruralya John (500 acres), Omuhereza Murungi, Migisa Murungi and Kusemererwa Murungi (72.969 hectares), Kato Alfred, Komukyeya Doreen and Kyebambe Ruth claim for 1,221 acres and Prince Fred Mugenyi Roland and others claim for 2sq miles at Katikara and Ngogolo villages.
The report shows that the claimants are holding customary documents while others have offer letters from the office of the Omukama of Bunyoro Kitara kingdom.
Other claimants holding land titles in the forest are; Kyenkya Margaret (342.2 hectares) Bugoma Jungle Lodge (9.311 hectares), Turyamureba Shaban (35.845 hectares), Rutalo Francis Xervia (153.632 hectares, 57.9 hectares and 40.490 hectares.
The permanent secretary in the Ministry of Water and Environment, Alfred Okidi Okot says that he was unable to discuss issues regarding the report.
“…at an appropriate moment, the government shall make that report public,” he said in a telephone interview.
The chairperson of the Save Bugoma Forest Campaign, Dickens Kamugisha says that they are dismayed that the report does not provide a definitive finding on whether Hoima Sugar Limited encroached on Bugoma CFR land.
Mr Kamugisha also the Executive director of the Africa Institute for Energy Governance (AFIEGO) “The government’s failure to definitively address the encroachment issue is concerning. We urge a thorough investigation to ensure the conservation of Bugoma CFR.”
The conservationists have now asked the government and all relevant bodies to address the gaps in the survey and boundary opening report to urgently address the gaps in the survey and make positive recommendations for the conservation of Bugoma CFR land.
“Task surveyors to make a conclusive finding as per the Terms of References regarding Hoima Sugar’s encroachment on Bugoma forest; cancel all illegal and fraudulent land titles in forested and protected reserves and the boundary survey report must show whether the forest land still exists and, if not, where part of the forest land is,” they said.
According to the statement, government should preserve Bugoma forest as it is, and do not use boundary exercises as excuses for cutting parts of the rain tropical forest and that authorities should stop intimidating activists challenging the illegal giveaway of forest land with trumped-up charges to silence them.
“Corruption hindering conservation efforts should be tackled, especially prosecuting those issuing illegal certificates in forest lands without parliamentary de-gazetting and rconsider the management of forests in Uganda, particularly in light of the pending merger of Ministries Departments and Agencies (MDAs),” reads the statement.
Ms Juliet Mubi, the Public relations officer at NFA said she was not aware of the report.
But officials at the NFA who declined to be named described the report as a scheme to validate illegalities and grabbing of Bugoma forest land.
“That report is vague and of no effect. How can you turn the custodian into a claimant and what is now the intention of that vague report?” the source asked.
According to the source, the report is a waste of resources provided jointly by the government and the development partners which cost is more than Shs300 million.
