CONFLICTS IN DEVELOPMENT: THE ETHICS AND BIOETHICS OF BUJAGALI DAM , UGANDA

 

 

 

BY

 

F.C.Oweyegha-Afunaduula

Department of zoology,

Makerere University ,

P.o. Box 7062 ,

Kampala Uganda .

 

Website: http://www.afuna.org or http://www.afuna.o-f.com

Email:afunaduula2000@yahoo.co.uk or afunaduula@afuna.org

Tel: +256 78 555 222 or +256 71 845461

 

 

 

And

 

Afunaduula Isaac

Faculty of Law

Makerere University

P.O. BOX 7062

Kampala Uganda

Email: afunaduula@37.com

www.ellacd.com

 

 

 

 

 

Occasional Paper on Ethics and Bioethics of Bujagali dam for NAPE/SBC

Anti Bujagali Dam Task Committee, Environment and Development Actions Kampala , Uganda . 8-1.2004

 

 

 

 

 

Citation : OWEYEGHA-AFUNADUULA. F.C. and AFUNADUULA ISAAC(2004). Conflicts in Development: the ethics and bioethics of Bujagali dam, Uganda . Occasional Paper on: “ Ethics and Bioethics of Bujagali Dam ” for the Interdisciplinary Teaching of Human Rights, Peace and Ethics Project (ITHPEP), Human Rights and Peace Centre (HURIPEC), Faculty of Law, Makerere University , Kampala , Uganda . EBBD-ABDTC/4/4. August 8 2004.

 

 

 

 

Introduction:

 

The problems of the environment -be they ecological-biological, socio-economic or socio-cultural -are ultimately philosophical in nature (Oweyegha-Afunaduula, 1997). Therefore, they require philosophical questions and solutions to them.

 

Unfortunately, traditional science and development discourses have ignored, and continue to ignore, the role of philosophy in human welfare, including environment and development concerns (e.g., Oweyegha-Afunaduula, 1997). This has dictated that moral, ethical and bioethical issues are either ignored or are simply dismissed as unnecessary inconveniences to the progress of science or development. Science or development for its own sake has been the rule rather than the exception. In fact the tendency has been to propagate the perception that science and development are pure and, therefore, value-free. There can be no room for moral, ethical and bioethical consideration in value free science or development.

 

Oweyegha-Afunaduula (2003), while reflecting on current development in Uganda , thought that what was happening was just development business. He reasoned that this was manifesting more like a business company and he called this “Business Incorporated”. Therefore, human, ecological and environmental concerns are weak in such development.

 

When pushed to ensure that these concerns are made the focus of development, thereby putting man, Homo sapiens at the centre of the process, its agents are content with talking of “ development with a human face ” while ensuring that it is business as usual. However, with the rise of new science cultures, including civic science, and the re-emphasis of interconnectedness, interdependence, integration, holism and hence holistic approach to thinking and doing science and development (i.e., rethinking science and development), ethical, moral and bioethical considerations have become critically important.

 

Oweyegha-Afunaduula (1997), perhaps more than anybody else in Uganda last century, introduced and sustained the debate on ethical, moral and bioethical questions in science and development when he wrote his critique of the proposed genocide of Waterhyacinth in Lake Victoria using herbicides. In his paper “ Moral and ethical questions in Waterhyacinth control in the Lake Victoria environment, Uganda ”, Oweyegha-Afunaduula wrote:

 

“… Scientists, politicians and big business may conspire together against a people or to corrupt science for purely economic reasons…. It is…dangerous to encourage fraudulent science or ambiguous and fraudulent conclusions from the results of a research enterprise. Scientists must be ready to incorporate moral and ethical considerations in their conceptions, experimentation, and interpretation of results…synthesis of issues. They must also be ready to become socially and politically sensitive to the survival and needs of the poor who live at the very margins of nature”.

 

This paper takes considerations of ethical and bioethical in science and development in Uganda beyond their current macabre status by examining the ethics, morality and bioethics of the proposed Bujagali dam. The paper argues that such considerations are crucial in dam dynamics and cannot be postponed or ignored in development. It concludes that to guard against loss of sovereignty over the development process and ethnic cleansing both of which more often than not accompany the construction of huge dams, political literacy for everyone, including practicing politicians, should be a must so that all can participate in decision-making, policy formulation and strategies for resolution of problems associated wth dam projects in a critically informed way.

 

Civic Science

 

It is important to take note of the fact that science in many fields of knowledge and practice, including sociology, political science, demography, morality and ethics, are now interacting to forge a common concern for the environment (Mclaren, 1999). In fact there is now what is called civic science, which has gone as far as extending science into the world of politics, commerce and social change and allows the mushrooming of a formative debate between Non-governmental Organisations (NGOs), Industry, government and academia (Kailee, 1993) pushing the whole environment science forward (Oriordan, 1995).

 

Weak Ethical Base

 

Unfortunately there is lack of a strong ethical base to deploy the scientific knowledge to protect the environment and enhance quality of life. This does not only explain, to large extent, why science so often fails the environment (e.g., Wynne and Meyer, 1993), but also the ease to which the political and the business, separately or interconnectedly, flout whatever ethical and moral norms and standards that may be in existence in order to push their agenda in environment and development.

 

Fortunately, there is increasing recognition of the need to integrate philosophy in the environment concerns questions and solutions (Oweyegha-Afunaduula, 1997). Indeed UNESCO's “ Human Rights Dimensions of Change Programme ” (HDGCP) has, as one of its objectives, the task of exploring the cultural, legal and ethical traditions and frame- works that underlie and shape the human aspects of environmental change within which such a change can be evaluated (Miller, 1994; Oweyegha -Afunaduula, 1997).

 

Nevertheless philosophy remains environmentally deficient despite the innovation of a new distinct subject area called environmental ethics dealing with philosophical questions, problems and the issues of the environment (Hargrove, 1985).

 

This paper suggests that the way forward for Uganda in environment and development in general and energy development in particular is to accept, develop and apply the wider field of bioethics and environment ethics (or ethics of the environment, which takes account of all the dimensions of the environment (Oweyegha-Afunaduula2003).

 

The Field of Ethics

 

Ethics is the study of social morality as well as philosophical reflection on its norms and practices. The terms “ethical theory” and “moral philosophy” refer to exclusively philosophical reflections on morality (Beauchamp and Walters, 1999).

 

The term morality refers to the traditions of belief about the right and wrong human conduct. Morality is a social institution with a history and a code of learnable rules. However, the terms “ethical” and “moral” are identical in meaning, and “ethics “is best used as a general term referring to both morality and ethical theory. The terms “moral philosophy “ and “ethical theory” and “philosophical ethics” are best reserved for philosophical theories about moral life (Beauchamp and Walters, 1999).

 

Moral Dilemmas

 

Many moral dilemmas and many law cases, clinical cases and public policy cases may be used to examine the moral dilemmas. In the field of development many decisions of government and the World Bank have revealed the significance of addressing the moral dilemmas if true development is to begin to take place. As Beauchamp and Walters (1999) of dilemmas occur whenever good reasons for mutually exclusive alternatives can be cited. If any one set of reasons is acted upon, events will result that are desirable in others.

 

Ethical Dilemmas in Bujagali Dam Process

 

At the moment the Government of Uganda and the World Bank are determined to pursue the destruction of the Bujagali Falls , ostensibly for hydropower development. Not only have alternatives such as solar power, wind power, geothermal power, biogas, and even the poor man's energy source –Fuelwood – been dismissed as uneconomical and unsuitable in “Uganda's energy development master plan”, but the alternative of small hydro- power dams too has been ignored and excluded thereof. Even the alternative services of the Bujagali Falls site, such as the cultural, educational, ethical, social, spiritual, environmental, ecological and aesthetic, have been subjugated to hydropower choice of government and the World Bank.

 

It is interesting to know that the designer of the so-called master plan, which was financed by the World Bank, was the dam-phobic Canadian firm, Acres International. This firm was later found to have been involved in bribing officials in Lesotho so that it secures favours in the huge Lesotho Highlands Water Project. However, this fact did not stop the Uganda Government and the World Bank from continuing to regard the Acre 's energy plan as a masterpiece.

 

To Uganda Government and the World Bank, it seems, a firm committing crimes in another project in another country should not raise any fears of the same firm committing similar crimes in Uganda . In fact later Acres was given another study, again financed by the World Bank, to compare the social and environmental consequences of different dams in the cascade of dams the firm had proposed for the Nile Basin in its master plan.

 

Expectedly Bujagali dam came out as the least dangerous socially and environmentally!

In any case both Government and the World Bank had been consistently reasoning that hydropower via huge dams was the way forward to eradication of poverty in Uganda . Here was a firm giving the “ scientific blueprint ” that was endorsing the choice of Bujagali as socially and environmentally acceptable. This information of course excluded cultural considerations, thereby dismissing as inconsequential the current conviction in some development quarters that a cultural approach to development in the 21 st century cannot be postponed.

 

The moral reasons behind hydropower development in Uganda via huge dams in general at Bujagali Falls in particular are definitely weak but are at the same time powerful drivers of the determination of Government and the World Bank to dam the site. There, was, for example, a powerful belief that the giant energy developer, AES Inc., successful in the USA's Energy sector, would reproduce “its miracle” in Uganda to prove that the private sector would play a pivotal role in the third World development (Mulumba and Kamangara, 2002)

 

The New Vision of 16 August 2003, in an article “World Bank to fund Bujagali” by John Eremu, quotes one of the bureaucratic elites at the World Bank's private lending arm, the International Finance Corporation (IFC), asserting thus:

 

“ The World Bank Group and the Government of Uganda believe that Bujagali remains a long term, least-cost electricity supply option for Uganda and is in the best interest of the country to develop the project at the earliest opportunity”.

 

The same article quotes the World Bank's Regional Vice President for Africa, Callisto Madavo, and the US Ambassador to Uganda, Jimmy Kolker, saying that “the world bank will make certain that the project remains in the forefront of ongoing bilateral discussions with the Uganda government in its desire to implement this important project expedition” and “the American government counselors Bujagali a viable project” respectively. Kolker adds:

 

“… The AES pull out [of Bujagali dam contract] had nothing to do with Uganda's credit worthiness … The AES pulled out because of issues related to US power sector and other factors specific to AES … It has nothing to do with environmental concerns.”

 

The said article saying thus quotes IFC's Executive Vice President, Peter Wolke, on his part:

 

“ Bujagali is a critical project for the long term development of Uganda … The World Bank Group will continue to work with the Government of Uganda to support the implementation of the Bujagali project in the context of a new public-private partnership.”

 

The truth about Bujagali dam process including the dam proposal itself is however different and points to the very unethical manner in which they were and continue to be executed.

 

Historical perspective:

 

Very early in the dam process organised society, represented mainly by the Save Bujagali Crusade (SBC) and the National Association of Professional Environmentalists (NAPE)

decried the fact that there was little public awareness that the World Bank Group was proposing three huge energy sector projects for Uganda with a combined value of well over one billion dollars. The attempt by the government of Uganda, the World Bank group and the developer, AES Nile power, to keep the public out of the dam process by stifling debate was perceived by SBC and NAPE as a form of government-corporate criminal conspiracy.

 

This was not surprising. Oweyegha-Afunaduula (1997) had used the Aquatics Unlimited Environmental Impact Assessment (EIA) to show how the scientists, politicians and big business conspired to corrupt science, the EIA, and the law ostensibly to control water hyacinths in the Lake Victoria environment.

 

Matters were not helped by the secrecy that initially shrouded the manner in which AES Nile power was registered, who its directors were and its true relationship to either AES electric of Britain or AES Inc of USA . For some time attempts to tress its file or articles of association with the registrar of companies proved futile. More over, before the company settled for its now famous name, it had a series of names including AES independent Nile power. Even the names of President Museveni, Lt Gen Salim Saleh and their sister, who was by then working as general secretary of the wild life clubs of Uganda, were mentioned as directors of the company along with Madhvani.

 

Bujagali dam deal enjoyed parliamentary approval by the national environmental authority (NEMA) at break-neck speed as well as constant and authoritarian presidential support. Even the EIA of the project, despite its pit falls, omissions, glorifications of the hydro power options, and under valuing of alternative energy sources and services provided by Bujagali falls, was accepted whole sale by government and the world bank. The minister of Energy as recorded by the press intentionally lied to the public that funding for the project had been secured.

 

It was therefore clear that government, the word bank were determined to push for the construction of the dam by hook or crook. In fact, the final content of the AES Nile Power-Government power purchase agreement (PPA) was hidden from public view although the project was said to be in the interest of the public. Business confidentiality was used to justify why the public should be kept ignorant of what was going on the Bujagali dam process or even kept out of it. All this was confounded by the stubborn refusal of government to approve and of the World Bank to fund the non-controversial environmentally, culturally and technologically more acceptable and economically viable Karuma dam in northern Uganda . Bujagali dam was to use the more than a thundered years technology while the Karuma dam was to use newer technology which would provide electricity while preserving the falls.

 

In her Uganda trip report of July 27 th 2000, Lori Pottinger, of the international Rivers Network (IRN) makes the following observations about the Bujagali dam process:

 

•  There was no competitive bidding for the project.

•  The project appears to have unacceptable risks for Ugandan government and taxpayers, but there has not been enough open discussion about these potential risks.

•  There has been little national dialogue on the overall framework for proposed course of hydropower development on the Nile .

•  There is concern that too little is known about the river's ability to handle multiple dams.

•  The local community approval of the project is based on misunderstanding about what project-affected communities can expect to get out of the project, as well as political pressure.

•  Documents (on Bujagali dam) are not translated into local languages, and illiteracy is very high in the dam area.

•  There has been official rejection of international white water rafting events for the Nile , because the publicity for Bujagali falls might have drummed up international support against the dam.

•  There has been government intimidation of those against the project in the dam region. People have been threatened with arrest for holding informational workshops on the project, and threatened to have their business shut down for taking part in meetings and writing about the project. One expatriate was arrested and told to leave the country for talking to the dam-affected communities.

•  Most people do feel they can speak out (on the project) and those who have spoken have been labeled ‘anti development'.

 

Echoing the views of government officials who feared speaking on record, Lori Pottinger documents, among others, that:

 

•  Many government officials now feel intimidated about raising concerns about Bujagali project; raising concerns is seen as ‘anti-government'.

•  The project approval process has been fraught with political pressure; the president is virtually acting as a PR person for AES.

•  Parliamentarians have repeatedly requested that the government prepare a ‘white paper' on energy sector development for debate in Parliament prior to moving forward with the proposed project.

•  Corruption allegations have been registered against both the former and current Ministers of energy, and neither has availed himself of the customary practice of making a formal statement before Parliament to refute the charges.

•  AES has often not been forthcoming with information about the project.

•  Some Parliamentarians said they had not been given copies of the PPA.

•  Government should have first done assessment of Uganda 's power needs, and of all the dams proposed and their impacts. It should also have tendered each site for competitive bidding… to make a more informed decision. Instead government officials were told that the Bujagali project as the preferred option, and so now all we can do is mitigate”

 

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Further Reading

Dams and Development: A new framework for Decision-Making ”. The Report of The World Commission on Dams Earthscan Publications Ltd, London & Sterling , A November 2000. (Cited under “WCD Case Studies –Team leaders, Team of Authors, Additional Authors and General Acknowledgements & Contributors o he WCD Cross-Check Survey, and Under Presenters at the WCD's Regional Consultations, http://www.earthscan.co.uk

Dubious Development: How the World Bank's Private Arm Is Failing the Poor and the Environment” by Friends of The Earth (FOE) 2002.

Occasional Paper No. 42. “ Catching a Boomerang: EIA, The World Bank and Excess Accountability-A Case Study of Bujagali Project, Uganda ” by Stephen Linaweaver (2002) (This paper was originally submitted to the Department of Geography and Environment and Development Saudis Institute, London School of Economics and Political Science for an M.Sc in Environment and Development, http://www2.soas.ac.uk/geography/water Issues/Occasional Papers/Acroba flas/Occ42.pdf

RSC Working Paper No.14. “ Financing Matters: Where Funding Arrangements Meet Resettlement in Three Mexican Dammed Projects ” by Jason Stanley (2003) (This paper was originally submitted in June 2003 for and M.Sc degree on “Forced Emigrations” to the Refugee Studies Centre, University of Oxford. http://www.rsc.ox.ac.uk/wp14.pdf