Master of Laws Oil and Gas - Kampala Campus

Permanent URI for this collectionhttps://hdl.handle.net/20.500.11951/1188

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    Oil and Gas Sector in Uganda: Analysis of the Legal and Policy Aspects on Compliance With the Concept of Risk Management
    (Uganda Christian University, 2024-05-16) David Bryan Kusolo Wakwale
    This study delved into the legal and policy aspects of risk management in Uganda's oil and gas sector. Through a combination of doctrinal legal research and interviews, the study investigated the unique legal frameworks and risk mitigation techniques applicable to this sector. It reviewed Ugandan laws and policies concerning risk management, such as the right to a clean and healthy environment as enshrined in the Constitution, labor laws advocating for safety and health, and international regulations binding Uganda to enforce safe working conditions. Despite the existence of these laws and regulations, the research found rampant non-compliance with risk management standards in Uganda's oil and gas industry. This non-compliance leads to occupational health and safety risks, including workers lacking protective gear, resulting in occupational diseases, injuries, and other hazards. Reasons for this non-compliance include poor enforcement of health and safety standards and institutional and legal frameworks with grey areas contributing to non-compliance. The paper concluded that there is a significant lack of risk management compliance in Uganda's oil and gas industry. To address this, recommendations were proposed, including strengthening enforcement of the legal and institutional framework, providing liability for non-compliance, offering environmental health and safety training, identifying and mitigating potential risks, and empowering civil society organizations to monitor compliance with risk management standards.
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    An In-Depth Anaysis of the Impact of Land Legislation on Safeguarding Land Tenure Rights in Oil and Gas Areas
    (Uganda Chrisitian University, 2024-05-14) Pamela Muhwezi
    This research delves into the intricate dynamics surrounding land legislation and its profound influence on safeguarding land tenure rights within oil and gas-rich regions, with a specific focus on Uganda's Albertine Region. The discovery and exploitation of oil and gas resources in this region have brought forth multifaceted challenges, particularly concerning land tenure rights, which are pivotal for the well-being and livelihoods of local communities. Uganda's Albertine Region represents a microcosm of the complex interplay between natural resource extraction, land ownership, and legislative frameworks. Against this backdrop, this study aims to comprehensively analyze the efficacy and implications of existing land legislation in protecting the land tenure rights of local inhabitants amidst the burgeoning oil and gas industry. By employing a case study approach, this research endeavors to unravel the nuanced dynamics at play within the Albertine Region, shedding light on the experiences, perceptions, and realities of various stakeholders, including local communities, governmental bodies, and corporate entities involved in resource extraction. Key focal points of analysis include the adequacy of existing land laws and policies in safeguarding the rights of indigenous communities, the effectiveness of mechanisms for land acquisition and compensation, and the extent to which regulatory frameworks account for the socio-cultural and economic implications of land dispossession. Moreover, this study seeks to elucidate the challenges and opportunities for meaningful community participation in decision-making processes related to land use and resource extraction, thereby exploring avenues for enhancing community empowerment and ensuring equitable distribution of benefits derived from natural resource exploitation. Through an interdisciplinary lens drawing upon legal, socio-economic, and environmental perspectives, this research aims to contribute to scholarly discourse on land governance in resource-rich contexts, offering insights into the complexities inherent in balancing economic development imperatives with the protection of land tenure rights and environmental sustainability. Ultimately, the findings of this study are envisaged to inform policy formulation and advocacy efforts aimed at fostering more inclusive and equitable approaches to land governance in Uganda's Albertine Region and beyond, thereby advancing the overarching goal of sustainable development and social justice.
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    Efficacy of Land Acquisition Legal Framework in Oil and Gas Industry in Uganda Albertine Graben- Buliisa District Case Study
    (Uganda Christian University, 2024-05-09) Arthur Mukwatanise
    Oil and gas as an industry has a wide effect on society and as an industry it covers vast aspects of the economy. This sector is concerned with the community where its operations are, the people who are affected by its operations as it has to acquire vast chunks of land. Big land is the reason why the sector is very sensitive and therefore a strong legal regime is very necessary. It has to work side by side with the community in order to extract the oil. The explored area is said to represent less than 40% of the total area with the potential for petroleum production in the Albertine Graben and only 12% is licensed. Much as there is a potential for petroleum resources to be discovered in Uganda, more vast land shall be required and more people are to be affected. The overall objective of this dissertations was to examine the effectiveness of existing Land acquisition laws, policies, and regulation’s ability to properly compensate Project Affected peoples (PAPs), transparency and accountability of oil and gas resources in Uganda, Albertine Graben and particularly in Buliisa District as a case study. The study adopted a qualitative research approach that incorporates qualitative data obtained from both secondary and primary sources. The comparative methods were employed to assess the selected jurisdictions for purposes of comparisons. This study aimed at determining key factors that limit effective attainment of all the objectives 6investigated and hence determine ways of addressing such challenges with an overall purpose of enabling fair and effective results from exploiting oil and gas for the greater good, arriving at a win-win situation. This paper found out that the work carried out by the oil and gas sector has a direct impact on the wellbeing of the communities where the oil is situated and the citizens of Uganda. The inhabitants of the Albertine Graben have so far been affected by the exploration and development stages of production. Some were asked to relocate and others were reallocated to other parts of the country with or without compensation. There is need to enact strong laws and or updating the current legal regime plus ratifying of international instruments that do protect land rights among others.
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    Promoting Local Content and Analysing the Effectiveness of Local Content Policies in Uganda’s Oil and Gas Sector: A Case Study of Hoima District
    (Uganda Christian University, 2024-04-29) Kolping Francis Mugabi
    Upon discovering vast deposits of any natural resources, most developing countries undertake progressive initiatives aimed at facilitating the extraction of such resources so as to attain revenue. Upon the realization of commercially viable Oil and Gas deposits in the Albertine Graben along Uganda’s western border with DR. Congo, Uganda embarked on the above mentioned trajectory, not only aiming at attaining direct revenue from Oil and Gas sales but also maximizing other potential benefits from the resource with a view of promoting development and curtailing the adverse effects of the oil curse (Dutch disease) that has often plagued resource rich countries especially in the developing world. To achieve the above, resource rich countries, Uganda inclusive have designed policies and legal frameworks which are termed as National and Local Content Policies. The main aim of those policies is to ensure that the extractives industry generates benefits to the economy that are beyond the direct contribution of trading in oil and gas and these can be achieved through its links with other sectors. In most parts of Hoima, and other oil-rich Districts, there is a consensus, that the lack of specialized skills and a competitive local services and goods sector is a major obstacle to the realization of National/Local Content goals. This has in turn forced many oil rich countries to promote National content policies that generally focus on the entire country without giving special consideration to the local content promotion within host communities in oil rich regions. This research will concentrate on an analysis of Uganda’s National and Local Content Policies specifically examining how Hoima District has benefited from Uganda’s National and local content framework. This research is designed to act as a building block on how the legal framework can be structured to benefit local communities in Oil and Gas Districts and whether the individual residents and businesses have and will ultimately benefit from Oil and Gas. The research will also draw insights from the challenges faced by other developing countries in implementing and enforcing National and Local Content Policies at both a national and local level, the lessons that Uganda ought to learn and mitigating measures the residents of Hoima District and Uganda at large have to adopt to cut short the negative effects of poorly structured and ineffectively enforced National and Local Content Policies.
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    Onshore Oil and Gas Infrastructure Decommissioning – A Comparative Analysis With Global Legal Frameworks, Focusing on Uganda
    (Uganda Christian University, 2024-04-26) Ronald Ssentongo
    The lifecycle of oil and gas infrastructure entails multiple stages, including exploration, development, production, and decommissioning. While exploration and production often command attention, decommissioning, though less glamorous, poses significant technical and legal challenges, sometimes surpassing those encountered in earlier phases. The legal framework governing decommissioning, particularly regarding environmental protection, funding, and ongoing liabilities, is deemed crucial for mature oil and gas provinces. This dissertation examines the potential implications of various global legal frameworks for onshore oil and gas decommissioning on Uganda's emerging sector. Despite Uganda's limited experience in the industry, its ratification of the 1958 Geneva Convention on decommissioning reflects an initial engagement with international standards. Nonetheless, gaps and deficiencies in Uganda's domestic petroleum laws and oil and gas policies underscore the imperative for comprehensive regulatory frameworks. Drawing on diverse global experiences and legal approaches, this study critically assesses the applicability of international best practices to Uganda's specific context. Through comparative analysis, it evaluates the potential benefits and challenges of adopting elements of global decommissioning regimes in Uganda. While acknowledging the distinctiveness of each regulatory framework, the study highlights opportunities for Uganda to learn from global experiences and tailor international best practices to address its unique challenges effectively. Ultimately, the research advocates for the development of a robust and contextually appropriate legal framework for onshore oil and gas infrastructure decommissioning in Uganda. By leveraging comparative analysis and international standards, Uganda can establish a framework that ensures environmental protection, financial sustainability, and effective management of decommissioning activities, thereby contributing to the sustainable development of its oil and gas sector. 1