Sustainable development and the tragedy of the Commons

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By Benard Mujuni

In 1929 Britain, the colonial architect, embarked on conclusive strategic control of Suez Canal trading route to the far East colonies of India, Pakistan and other Arab states. In order to effectively control the flow to the Canal, Britain brought together and committed its colonies and protectorates to the Anglo-Egyptian agreement of 1959, giving Egyptian monopoly of the R. Nile waters.

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 Cooperative agreement was signed among upstream states.

Egypt and Sudan protested the equitable resource-sharing model proposed and refused to attend and sign the agreement. Other states that included Uganda, Kenya, Ethiopia, Rwanda and Tanzania went ahead to agree on utilization models against the overt protest by Egypt.

The term Tragedy of the Commons gained prominence when the re-known US biologist Garret Hardin published his paper in 1968, “the tragedy of the Commons”.

Hardin predicted a warning that natural resources forming the commons were destined for a tragic end and fate at the hands of humanity. Hardin viewed the mother earth as the commons thus shading better appreciation of global social and environmental challenges.

Within the field of natural resource management, the concept of commons has been in use for quite some time. It appears that gradually this concept has shifted to include cultural and heritage commons thus stretching beyond its traditional boundaries. By this, the term commons refers to that which applies to the resources utilized, owned or shared by multiple entities or group basis.

Takesh (2003) Et al argues that the actual commons are not always governed by a regime of free or open access to resources as Hardin claims. A good example is the case of River Nile and Lake Victoria, government controls access and utilization, particular individuals own land and share private common with the general public common. This is an inextricable relationship. In order to preserve the Lake, a people around it must be allowed to sustainably access and utilize it and so are other natural resources like parks.

Sustainable Development refers to utilization of resources that meets the needs of the present without compromising the ability of future generations to meet their own needs”. Takesh brings the concept of the “comedy of the commons” to highlight sustainable utilization of resources. This impressive approach is commendable but falls short of giving policy direction in the event of non–renewable resources like oil for Uganda.

Commons can be well bonded such as parks, deep seas or trans-boundary such as THE Somalia-Kenya Coastline, River Nile and Lake Victoria or without clear boundaries like oil in the Albertine region of Uganda.

It is a known field among different scholars on commons, that international or regional commons can be shared by a number of national states with each having legitimate access.

The challenge however is, when tension arises, the powerful States claim more legitimate control over others like in the case of Egypt over the R. Nile or Russia and Ukraine.

 The same natural resource tragedy is manifesting in Eastern DRC with M23 focusing on extractives. The same is happening in Sudan where rebels had gained access and focused on oil-rich cities, trade routes and regions. In Southern Sudan, the conflicting parties have mapped the country according to its resources and natural endowments including oil and gas.  

The 2002 World Summit on Sustainable Development formalized the notion as to include the need to address the three pillars in a balanced development collectively. These include collective responsibility to advance and strengthen the interdependent and mutually reinforcing pillars of economic development, social development and environmental protection; at the local, national, regional and global levels. Without utilizing this concept in the management of Uganda and African commons there is a great risk of depletion, civil and climatic disaster.

It is contended that the traditional meaning of state as possessing the monopoly over the legitimate use of decision-making authority by government as the sole entity that controls the distribution of power and resources of the nationals are out of model^. From this notion, government has a distributive tendency as to include involvement of the people that compose the ‘resource’. Natural resources under commons do not exist in thin air, it is essential that local ownership in the governance of commons takes center stage for sustainability.

The East African Community established the Lake Victoria Basin Commission to coordinate the sustainable development agenda of the Lake Victoria Basin among the three countries that share the common, Uganda, Kenya, Rwanda and Tanzania. Uganda’s commons involve the established Natural resource commons and also contemporary Cultural commons within the resource-sensitive areas. In 2010 Uganda and Kenya almost went to war over Migingo Rock Island resulting into the establishment of a joint committee on the Island. The island provides major fishing base for the deep and far waters of the lakes for Uganda and Kenyan fishing communities. Fish depletion is only a precursor of the yet-to-come environmental disasters. Lack of governance structure on utilization of the common poses sustainability challenges.

Egypt and Ethiopia almost went to war, first over the Renaissance Dam and later over Somaliland’s concessional offer to Ethiopia to access the sea. Somalia threatened direct conflict over the same, hence granting Egyptians unfettered access to its military bases. The tragedy of the commons can be easily seen to be unfolding.

Uganda is the source of River Nile, the longest River in the world. This national common is shared by Alpine states stretching from south to the north of Africa up to the Red Sea. The sates include Uganda, Egypt, Kenya, Rwanda, Sudan, South Sudan, Ethiopia and Tanzania. The source of the Nile is believed to be Lake Victoria even though some tributaries feed into it from as far as Rwanda and Congo via Akagera and Albertine region. There is more to unite than divide us as Africans.

In Uganda, the system of the rights of common was not directly applied as the case was in England. In Wales this system developed during the medieval period. Whereas in England the citizens determined the rights of use and access to resources, in their colonies, the state apparatus determined the fate of these commons. There is therefore the governance and sustainability challenges from this historical perspective regarding the management of River Nile.

More scholars have leveraged the challenge on the nature of the extractive regimes   inherited from the colonial state art craft. To date most states disregard governance in the management of commons. They have become conduits for land grabbing and allocation including uncontrolled fishing thus depletion at the expense of smallholder farmers. Newly discovered natural common in Uganda like Oil find itself in a dilemma of governance and sustainability.

 In Nigeria, Oil and Gas became a natural resource curse culminating into the death and hanging of Ken Salowiwa by the Abacha Regime. The Commons also fueled the Biashara civil strife but has also resulted into Boko Haram. States must devise inclusive strategies for sharing their natural resources to avert the natural resource curse.

In 2009, the government unsuccessfully tried to give away part of Mabira Forest, a water catchment forest for Lake Victoria, to Lugazi Sugar works owned by the Asian Family of Mehta at the expense of small holder surrounding communities and farmers.

There was a public civic expression that resulted into death of some Ugandans. Others opposed to the free give away were arrested and charged, after violent crackdown. Due to this violence, the government backtracked as the population boycotted the sugar from the company. H.E the President has championed wetland conservation and restoration which must to be echoed by all leaders in this country.

 Uganda’s commons have faced a decapitating effect. The Albertine region where oil is being explored has experienced tremendous Ecological pressure. The region is home to Mountain Gorilla endangered species. It is also home to Rwenzori Mountains with dwindling glaciers.

The regions are also the source of the Nile as well as home of Queen Elizabeth National Park, Murchison Falls National Park and Bwindi Impenetrable Forest. This is where seismic drills and tastings for oil is being undertaken.

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 writer is a commissioner, author, poet, legal and policy specialist

www.mujunibenard.com