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sharing in governance of extractive industries

Bwesigye Don Binyina
  • Male
  • Perth, Western Australia
  • Australia
  • yes
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Lack of a legalframework for Oil & Gas undermining the Industry.

Started this discussion. Last reply by Kasita Ibrahim Emolu Oct 6, 2011. 4 Replies

June 24, 2011Secrecy, lack of regulation undermining oil industryBottom of Form Posted  Friday, April 8 2011 at 00:00The…Continue

 

Welcome, Bwesigye Don Binyina!

Latest Activity

Bwesigye Don Binyina and Atuhaire Jacklet are now friends
Nov 25, 2012
Semkae Kilonzo and Bwesigye Don Binyina are now friends
Sep 17, 2012
Bwesigye Don Binyina commented on Semkae Kilonzo's blog post 'Natural Gas finds in Tanzania'
"Kilonzo, this is a good insightfull piece you just shared. Coming from Uganda, the situation is not different either, however we are making some progress in building the local content by pursuing courses in the mining and energy discourse. Lets get…"
Sep 15, 2012
Bwesigye Don Binyina commented on Nick Young's blog post 'Oil in Uganda website launched'
"Great work Nick. We hope to get a professional and objective appraisal of the Oil and Gas in Uganda from "Oilinuganda.org". I have worked with some of the guys on your editorial team, some of the best we have in the country so far. I look…"
Mar 23, 2012
Bwesigye Don Binyina updated their profile
Jan 25, 2012
Bwesigye Don Binyina and Nick Young are now friends
Jan 25, 2012
Bwesigye Don Binyina left a comment for Ingrid J Aune
"Hello Ingrid, Welcome abode. I will love to hear more about your work and the Oil and Gas landscape in your country and may be how we could in future network. Merry X-Mass and a happy new year"
Dec 19, 2011
Kasita Ibrahim Emolu replied to Bwesigye Don Binyina's discussion 'Lack of a legalframework for Oil & Gas undermining the Industry.'
"Bwesigye,  I don' agree with your analysis. Uganda's petroleum exploration and production is govered by: The Petroleum (Exploration and Production) act, Cap 150, Laws of Uganda 2000, Petroleum (Exploration and Production) (Conduct of…"
Oct 6, 2011
Bwesigye Don Binyina left a comment for Dana Wilkins
"Great, let me have your email address, know if ur on facebook or your contacts in Nairobi if u know them already so that we keep connected. Cheers!"
Sep 27, 2011
Dana Wilkins left a comment for Bwesigye Don Binyina
"As luck would have it, i'm scheduled to be in Nairobi on exactly those days, we will have to arrange something! I've just added you on skype, we can sort something out from there."
Sep 27, 2011
Bwesigye Don Binyina left a comment for Dana Wilkins
"Thanks Dana. As a matter of fact I will be in Nairobi between 12th-15th October 2011 for my Pre-Departure Briefing PDB with AusAID. I have been given a Scholarship by the Australian government to pursue a Msc (Minerals & Energy Economics) and…"
Sep 27, 2011
Dana Wilkins left a comment for Bwesigye Don Binyina
"Hi Bwesigye, Thank you so much for getting in touch! I was really interested in learning more about your work in Uganda and your experiences with the development of the legislation there, so tea would be perfect. Unfortunately i see you are based in…"
Sep 27, 2011
Bwesigye Don Binyina left a comment for Dana Wilkins
"Hi Dana, I am glad to touch base with you. I am particularly interested in your work in Southern Sudan. I have done some consultancies previously in Sudan with the SPLA CJMC- Ceasefire Joint Military Committee-2007 training on conflcit resolution…"
Sep 27, 2011
Bwesigye Don Binyina and Dana Wilkins are now friends
Sep 27, 2011
Kobina Aidoo replied to Bwesigye Don Binyina's discussion 'Lack of a legalframework for Oil & Gas undermining the Industry.'
"Raymond - Thank you for your comment. Please post it here: http://goxi.org/page/goxi-film-festival-a-crude-awakening-the-oil-crash?xg_source=activity  "
Sep 1, 2011
Raymond Katebaka replied to Bwesigye Don Binyina's discussion 'Lack of a legalframework for Oil & Gas undermining the Industry.'
"Don please come to my office at Makerere University I can get you a copy call my mobile +256782 909816/+256700297045.   But also to add my comment I think having watched the a crude wakening for the last 3 years every day I go back to it there…"
Sep 1, 2011

Profile Information

Organisation (if non, specify N/A)
Africa Centre for Energy & Mineral Policy (ACEMP)
Type of Organisation
Civil Society Organisation, Academia
Job Title
Executive Director
About My Work
My Work involves building the capacities of Local Communities in the Minerals, Oil & Energy to proactively participate in the governance of the Oil industry, demand their rights from the duty bearers. I also work with the policy makers both at the Central and Local government level, the legislature and Judiciary to ensure that duty bearers play their respective roles policy, legal formulation, access to justice by the communities within resource communties. Providing Pro Bono Services to indigent communties among others.
Areas of interest
gold, diamonds, oil and natural gas, csr, governance and anti-corruption, investing, environment, social accountability, human rights, contract and licensing, monitoring revenue collection, redistribution and sustainable development
Intererested in job/consulting opportunities
yes

June 24, 2011

Secrecy, lack of regulation undermining oil industryBottom of Form
Posted  Friday, April 8 2011 at 00:00

The developments in Uganda’s oil industry are turning out to be a classic parody of an oil kleptocracy in the country. The government has continuously fed the public with a deceptive lustrous emerging industry, yet it continues to engage international oil companies in questionable transactions.

It all started in 2004 when Tullow Oil acquired South Africa-based Energy Africa’s interests in Uganda at a paltry $570 million. It also acquired Australian-based Hardman Resources interests in Uganda at $1.1 billion in September 2006. Both transactions were not taxed by the government of Uganda, yet the Income Tax Act provided for a Capital Gain tax.

In 2010, the Government of Uganda got itself entangled in an avoidable tax dispute between Heritage and Tullow worth $404 million originating from 1.45 billion acquisitions of 50 per cent interests of Heritage in the oil wells in the Albertine Graben, giving Tullow Oil 100 per cent stake. All the above could have been avoided had government heeded expert advice to suspend all oil transactions and first lay a harmonious policy and legal framework that would institutionalise the sector. Amidst this confusion, the President instructed that no oil deal was to be concluded without his consent.

In March 2011, a beaming Minster of Energy and Mineral Development appeared on state television flanked by the head of Uganda Revenue Authority and proudly but falsely declared that the standing dispute between Tullow Oil and the Government of Uganda had been resolved with Tullow agreeing to pay all the outstanding debts owed. More drama unfolded at a press conference in Kampala held by Tullow Oil on March 31 when it, in essence, admitted to have been compelled by the Government of Uganda to deposit $313.4 million in 10 days if the government was to endorse its planned farm-down of 1/3 of its interests to CNNOC and Total at a cost of $2.93 billion accruing a capital gain tax of $472.7 which, according to London (Dow Jones –Newswire), the Chief Executive Officer of Tullow, Aidan Heavey, admits is money owed to the Government of Uganda, yet his operations manager in Uganda disputes and now seeks the intervention of the Tax Appeals Tribunal.

In essence, the Government of Uganda abandoned an unresolved tax dispute just to deliberately enter into another. The reason advanced by Tullow Oil for disputing the current tax dispute is lack of adequate petroleum laws. While the government was quick to pass the Cultural Leaders Bill into Law before the elections to subdue cultural leaders, the Petroleum (Exploration, Development, Production and value Addition) and Revenue Management laws have been shelved to enable government continue secret deals that have not been sanctioned by Parliament.

One is left wondering the wisdom, expertise and or intentions of government representatives in the conclusion of these dubious transactions. Why is the government defying all expert advice and is in such a hurry to continue sealing deals in an unregulated industry? Where is the accountability for the $121 million paid by Heritage and the $141.8 million recently paid by Tullow?

Could this be evidence that the oil cancer is already eating up our own political fabric?

Mr Bwesigye is A Minerals, Oil & Energy Justice Advocate
donbinyina@yahoo.com

Comment Wall (4 comments)

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At 16:04 on September 27, 2011, Dana Wilkins said…

As luck would have it, i'm scheduled to be in Nairobi on exactly those days, we will have to arrange something!

I've just added you on skype, we can sort something out from there.

At 13:26 on September 27, 2011, Dana Wilkins said…

Hi Bwesigye, Thank you so much for getting in touch! I was really interested in learning more about your work in Uganda and your experiences with the development of the legislation there, so tea would be perfect. Unfortunately i see you are based in Kampala and i am unlikely to travel through any time soon; is there any chance you'll be heading to Nairobi, Juba, or London in the next few months? Alternatively, i'd love the chance to introduce myself and our work via skype or telephone at least. Let me know what works best for you and we can sort something out. I look forward to speaking with you.

At 17:25 on July 27, 2011, Kobina Aidoo said…
Bwesigye - Why don't you post your upcoming event under the events tab for all to see?
At 10:31 on July 27, 2011, Elison Karuhanga said…
Thank you for your kind and generous message. It is certainly great to see you shining a light on the road to the future and I most def will join. The months of August and Sept are a bit tight for me though. Thanks brother.
 
 
 

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