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By Benard Mujuni
In 1929, Britain, through its colonial architects, aimed to establish definitive strategic dominance over the Suez Canal trade route leading to their Far Eastern territories including British India, Pakistan, and various Arab nations. To maintain this control efficiently, Britain consolidated support from its colonies and protectorates under the terms of the Anglo-Egyptian Agreement of 1954, which granted Egypt exclusive rights to the River Nile’s water resources.
The upstream states were to enjoy secondary rights over the Nile whereas Egypt was to have primary control from the source to the Canal. In 1999, the Nile Basin Initiative was launched in Tanzania. Egypt turned down the request for membership while protesting violation of the colonial agreement of 1959.
In 2010, the Nile Cooperation Agreement was signed by the upstream nations.
Egypt and Sudan objected to the proposed fair distribution plan for resources and declined to participate in or endorse the accord. Meanwhile, other nations such as Uganda, Kenya, Ethiopia, Rwanda, and Tanzania proceeded with agreeing upon usage strategies despite the clear objections from Egypt.
The phrase "Tragedy of the Commons" became widely known after renowned U.S. biologist Garrett Hardin published his essay titled "The Tragedy of the Commons" in 1968.
Hardin forecasted a dire prediction that natural resources constituting the commons were fated for tragedy and ruin due to human actions. He saw Earth itself as part of this commons, which hindered a deeper understanding of worldwide social and ecological issues.
In the realm of natural resource management, the idea of commons has long been employed. Over time, however, this notion has expanded to encompass cultural and heritage commons, thereby transcending its conventional limits. Essentially, the term "commons" denotes resources that are accessed, possessed, or shared collectively by various groups or individuals.
In 2003, Takesh et al. argue that the actual management of commons does not necessarily follow a system of unrestricted resource use as proposed by Hardin. For instance, regarding the River Nile and Lake Victoria, governmental regulations control both access and usage. Individuals can privately own land but also share communal areas with the broader public. This interdependent dynamic is crucial. To protect Lake Victoria, communities surrounding it should have sustainable rights for accessing and utilizing its waters and similar resources such as national parks.
Sustainable development involves using resources in a way that fulfills current requirements without jeopardizing the capacity of future generations to fulfill theirs." Takesh introduces the idea of "the comedy of the commons" to emphasize sustainable resource use. While this perspective is praiseworthy, it lacks specific guidance for scenarios involving non-renewable resources such as oil in Uganda.
Communities can form strong bonds within clearly defined areas such as parks, vast oceans, or across borders like the coast between Somalia and Kenya, the River Nile, and Lake Victoria. They may also come together over resources with less distinct limits, for instance, oil reserves located in the Albertine region of Uganda.
In the scholarly discourse surrounding various aspects of common resources, it is widely recognized that international or regional commons can be utilized by multiple nation-states, with each state possessing legitimate rights of access.
The difficulty lies in situations where tensions escalate; then, dominant states assert greater authority over others, as seen with Egypt’s claims regarding the Nile River or the conflict between Russia and Ukraine.
The same environmental disaster is unfolding in eastern Democratic Republic of Congo (DRC) as M23 concentrates on exploiting mineral wealth. Similarly, in Sudan, rebel groups have seized control over areas rich in oil, key trading corridors, and strategic zones. In South Sudan, rival factions have divided the nation based on its resource distribution, particularly emphasizing oil and gas reserves.
In 2002, the World Summit on Sustainable Development solidified the idea of incorporating the necessity to tackle the three key areas concurrently for sustainable progress. This encompasses shared accountability to promote and fortify the interconnected and complementary foundations of economic growth, societal advancement, and ecological preservation—considering these aspects from local up to global scales. Failing to apply this framework in managing resources within Uganda and broader Africa could lead to severe resource exhaustion, internal conflicts, and climate-related catastrophes.
Some argue that the conventional understanding of the state, which entails having exclusive control over legitimate decision-making authority through governmental means and managing the allocation of power and national resources, has become outdated. . This idea suggests that the government tends to distribute responsibilities among those who make up the 'resources.' Since natural resources within common spaces aren’t just floating around freely, it’s crucial that local communities take a leading role in managing these shared assets to ensure long-term viability.
The East African Community formed the Lake Victoria Basin Commission with the aim of coordinating the sustainable development initiatives in the Lake Victoria Basin across the three member states—Uganda, Kenya, Rwanda, and Tanzania. Uganda's shared resources encompass both traditional natural resource commons as well as modern cultural commons located within environmentally sensitive regions. In 2010, tensions between Uganda and Kenya nearly escalated into conflict due to disputes over Migingo Rock Island, leading to the creation of a joint committee focused on this area. This island serves as an essential fishing ground for both Ugandan and Kenyan fishers venturing into deeper parts of the lake. Overfishing represents merely one symptom pointing towards impending ecological crises. Absence of effective management frameworks governing these communal assets exacerbates long-term viability concerns.
Egypt and Ethiopia came close to going to war twice: initially due to the Renaissance Dam issue and subsequently because of Somaliland offering Ethiopia use of its ports. Somalia also issued threats of direct confrontation regarding the same matter, even suggesting Egypt could gain unrestricted access to its military facilities. This situation vividly illustrates the tragedy of the commons unfolding before us.
Uganda serves as the origin point for the Nile River, which is recognized as the longest river globally. This significant geographical feature spans across various alpine countries extending from southern to northern Africa, reaching up to the Red Sea. These nations encompass Uganda, Egypt, Kenya, Rwanda, Sudan, South Sudan, Ethiopia, and Tanzania. It is widely accepted that Lake Victoria is the primary source of the Nile; however, several tributaries contribute water to it, originating from locations such as Rwanda and Congo through rivers like Akagera and regions within the Albertine Rift. As Africans, we have much more uniting us rather than dividing us.
In Uganda, the concept of communal rights wasn’t adopted as it had been in England. Meanwhile, in Wales, this system emerged during the medieval era. Unlike in England where local inhabitants set the rules for using and accessing natural resources, colonial administrations in other regions decided the future of these shared lands. Consequently, from an historical viewpoint, managing the River Nile faces significant governance and sustainability issues due to differing approaches to resource control.
Many academics have addressed the issue concerning the nature of the extractive systems passed down from the colonial era. Up until now, most countries neglect proper governance when managing shared resources. These systems often facilitate land grabs and unrestricted allocations such as unchecked fishing, leading to resource depletion at the cost of small-scale farmers. The discovery of new natural communal assets in Uganda, particularly oil, finds itself entangled in dilemmas related to both governance and sustainable practices.
In Nigeria, oil and gas have turned into a natural resource curse leading to the death and execution of Ken Saro-Wiwa under the Abacha regime. These common assets have also ignited the Biashara civil conflict and contributed to the rise of Boko Haram. It is essential for states to develop comprehensive strategies for equitable distribution of these natural resources to prevent such curses from occurring.
In 2009, the government attempted to hand over a portion of Mabira Forest—a watershed forest serving Lake Victoria—to Lugazi Sugar Works, which is operated by the Asian family of Mehta. This move was intended to benefit them but came at the cost of nearby small-scale community farmers and landowners.
A public demonstration turned fatal for several Ugandan citizens. Those who disagreed with the distribution faced arrests and charges following a forceful suppression. This unrest led the government to retract their stance as people refused to purchase the company’s sugar. The president has been an advocate for protecting and restoring wetlands, a message he believes should resonate among all national leaders.
The common areas of Uganda have suffered significant disruption. In the Albertine area, which is rich in oil reserves, substantial ecological strain has been observed. This region houses the critically endangered mountain gorillas and the shrinking glaciers of the Rwenzori Mountains.
These areas serve as the origin point for the Nile River and house landmarks such as Queen Elizabeth National Park, Murchison Falls National Park, and Bwindi Impenetrable Forest. Additionally, they are sites where seismic drilling and oil testing activities are currently taking place.
The worse is yet to evolve as animal-human conflict has increased. There is therefore need to understudy the best approaches in the management of these commons sustainably in view of the rights holders.
The individual serves as a commissioner, writes books, composes poetry, and specializes in legal and policy matters.
www.mujunibenard.com
Provided by Syndigate Media Inc. ( Syndigate.info ).
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