Critical Analysis of the impact of local content requirements on the rights of woman in Uganda's extractive industry

Abstract

This research report analyses Uganda’s legal requirements on local content, particularly its impact on the rights of women to participate and obtain benefit from extractive industry activities. Regard is had to the fact that much of Africa’s non-renewable natural resources have not been applied to the benefit of its peoples. Resultantly, governments have developed legislation and other requirements to among others, attract foreign direct investment without unnecessarily disadvantaging the nationals. The discussion considers the situation in other common law countries – specifically Tanzania and South Africa – as well as the implications of obligations imposed on member countries by international treaties, agreements and frameworks. The research is anchored on the need to improve on the livelihood of women in extractive industries and thereby examines the implications of the law on their rights. The study then delves into a critical review of the effectiveness of the local content legal framework in Uganda and also draws lessons from Tanzania and South Africa for purposes of comparison. The study narrows the discussion to the problem of law and policy making which end up excluding and disadvantaging women. Recommendations made are intended to contribute to the body of knowledge in the extractives sector generally and on the local content stipulations and their impact on the rights of women specifically. Recommendations include; embracing gender inclusiveness and taking into account women’s views in policy and law making, balancing political rhetoric and agenda with the need to secure women’s participation, as well as setting specific quotas to be complied with by extractives companies are paramount. Further, encouragement of women to participate in extractive industry activities, development of more cohesive and gender inclusive policies as well as adoption of a strategy approach in extractive industry policy making. Also, eradication of archaic practices which exclude women from participating in and taking direct benefits in extractives activities. Much as the local content requirements in Uganda are designed to engender equality and equity, more still needs to be done to enhance women’s rights in the extractive industry.