03/15/2007
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Re: [youthagendayln] Why villagers oppose Yala rice project
From: Chris Owala
I come from Alego also, and your being councillor in Komarock is not of much benefit to people of Yimbo if you cannot provide leadership direction within your community. Its very sad if life is being lost and young leaderships are in the touch line cheering.
In bondo district where you are coming from is basically Usigu division. Are
you aware that there is no proper learning in Abidha primary school and your
sisters and brothers are finding it difficult to reach school? Do you know the
impact of aerial spray to the community living around this area? Are you aware
that Got Matar dispensary has experienced a big number of people visiting
medical facility yet Dominion has done nothing? Do you know the status of
Ratuoro health centere? If you are coming from Othach, are you aware that you people of Yimbo use to go for treatment at Ratuoro, and now you cant because of the distance which has been made long by Dominion? Do you know that you can't cross from Ratuoro to Yimbo after 6.30pm? What do you call this if not modern times slavery? Do you know the fate of people who were planting vegetables before Dominion came into Yala swamp?
Tobby, I do know you properly but you might not know me. We want a different kind of leadership that can protect the entire community. Tobby, if somebody give you Ksh.45,000, will you surrender your home to him or her? There are women that lost their homes due to floods. Do you know what happened to them?
Do you you tyhink their homes are worth Ksh.45,000?
I will continue giving you more information. We have done scientific study
whose findings will be out soon. The lead researcher was Dr.OKEMWA, former director with Kenya marine research Institute. I will make sure you get the findings young man. Its good you are aspiring to take leadership position, but its good to do soul search on your vision.
Read the attached documents for more information.
Let you not be cheated that muzungu will help you. Foreign direct investment
is not a solution to our povery,
Owalla Chris
For further reading please get some facts below
YALA SWAMP
NYANZA SOCIAL FORUM
Mission
Our mission was to understand The Social Issues with the Dominion Yala
Swamps project from the company and the community side
Prepared By
Peter Okoth Mireri, Kinya Munyira, Chris Owalla and Patrick Ochieng.
On behalf of the visiting team
December 19th. - 22nd. 2005
FACT FINDING MISSION TO YALA SWAMP
Preamble:
On 20th December 2005, we group from Social Forum, met the Management of Dominion Farms Ltd, in the Boardroom of the farms headquarter at Ratuoro, Yala Swamp. Earlier, the same day, we met courtesy call on the District Environmental officer in Siaya town. On the following day, 21st December, our team met the community at two separated venues, one on Alego side, Siaya District while the other on Imbo side, Bondo District.
Purpose
The purpose of field reconnaissance was for ground truthing following
complains from communities bordering Yala Swamp. The communities feel they have been short changed by Dominion Group of Company in the name of development.
Background Information
The proposed Yala Swamp Integrated Project by Dominion Farms Ltd, is
located n both Siaya and Bondo Districts of Nyanza Province, with potential to extend to Busia District in Western Province. Yala Swamp covers some 17,500 hectares. It lies within the Yala River catchments of the Lake Victoria
drainage basin. The Yala Swamp has been an important area of interest to the
Government of Kenya for a long time. The reclamation of the swamp goes back as early as 1954, when Sir Alexander Gibbs and Partners was commissioned under the Kenya Nile Water Resources to investigate the development potential of Yala Swamp among other areas in the Lake Victoria Basin Region. The study positively recommended the use of the Swamp for irrigated agricultural development. In 1963 the Kenya Government requested the UN for assistance to execute the recommendations of the Sir Alexander Gibbs and Partners Survey Report to reclaim Yala Swamp as the realization of the development of the area. The request was granted and under UN special fund, FAO implemented the reclamation of Area 1 (2300 ha) in the period 1965-1970.
· Specific works carried out under the special fund project were:-
· The construction of 9.0 km f the diversion canal ad protection
dyke on Yala River.
· The construction of the 8.8 km feeder canal to lake Kanayboli
and construction of existing intake works.
· Construction of 2.3 km retention dyke at Lake Kanayboli.
· Construction of Bunyala Irrigation Project.
· Topographical survey of the Swamp periphery.
Area II and Area III were left under water after reclamation of Area I
(2,300 ha). In 1972 Ministry of Agriculture commissioned a Dutch Consulting
firm, ILACO, to investigate the possible development options of the Yala Swamp. They recommended the reclamation of a further 9,200 ha. Bringing a total of 11,500 ha under development leaving only 6,000 ha (Area III) under natural condition to act as a buffer zone.
The reclaimed area (2,300 ha) was then put under agriculture by LBDA on behalf of Kenya Government. LBDA was established in 1979 as the development agent of Government in Western Kenya. In 1985, LBDA commissioned a feasibility study that recommended a gravity irrigation seed farm of 500 ha in Area I. Between 1996 and 1998, LBDA initiated the construction of a new weir across River Yala in order to expand acreage under seed rice from 50 Ha to 500 Ha for paddy rice. The construction of the weir stalled in 1999 allegedly due to non-payment b funding agency.
The construction of weir has been revived by Dominion Farms (K) Ltd and expanded to include the turbine of electrical power production.
Project Proponents
The proponent, Dominion Farms Limited, is a local affiliate of the USA
based Dominion Group of Companies under the directorship of Messrs: Calvin
Burgess, Chairman, Dominion Group of Companies and Graham Vetch, Managing Director, Dominion Farms Ltd. LBDA still has a role to play in the project as technical arm of the government of Kenya. The Authority is responsible for ensuring that the laws and regulations are followed with regard to implementation of the project.
Within the provision of Trust Land ct 288, Siaya and Bondo County
Councils hold the project land in trust of the local community. The two
councils have leased the land t the project proponent and shall be consulted
time to time during the life of the project and has described in the lease.
Objectives
The proponent proposes to undertake large-scale production of rice,
cotton, sunflower, soybean, Artemisia annua, fish and electricity production.
The main objective of the project includes:
· Increased food production for both the local and export market.
· Increased income levels through employment,
· Promoting provision of infrastructure and social amenities,
· Improving the general living standards in the project area, and
· Increased foreign exchange earnings through export.
Project Justification
Within the proposed area, rain fed agriculture over the years has failed
to meet the targeted food demands due to unreliable rainfall. To meet these
demands the proposed project is envisaged to meet the discerned deficit in food production.
CAUTION
Yala Swamp is one of the most fragile ecosystems around Lake Victoria
and to the environmentalist and conservationists; the swamp should be treated
as Kenyan/East African resource. Being a shared resource by the riparian
countries of East Africa, its utilization must be handled with a lot of care,
backed with social and scientific data.
Sustainable use of Wetlands
It is necessary to ensure that the use of wetlands resources does not
also significantly alter the ecological balance and functions of the swamp.
Secondly, the decision and plans to use or develop the wetlands should consider the requirements of all users in the community. Therefore, for the project to be considered environmentally friendly and sensitive, all decisions and plans on the project development must incorporate the concerns.
Key Issues to take in consideration in Yala Swamp
· Yala Swamp is habitat for indigenous and endangered fish, birds
and animal species that are globally classified as threatened, endangered and
vulnerable e.g. Great white egret (Agretta alba); billon’s crake (Porzana
pusila obscura); Papyrus gonolek (Laniarus mufumbiri); Papyrus yellow wobler (Chloropeta gracillirostris); also endangered animals such as Sitatunga
(Tragelaphus spekei); and bushbuck (T. scriptus).
· Socio-cultural diversity of the communities bordering the swamp
of the three riparian districts of Siaya, Bondo and Busia.
· Capacity building of the local people so to meet the millennium
goals in poverty reduction.
· Environmental health due to human activities that might have
negative impact.
· Lack of information sharing among key stakeholders and
interested group.
· Missing link: SWOT Analysis (Management and Community) and PRA - community
· Lack of openness and clarity on issues that are undertaken or
proposed.
· Lack of proactive community based groups as opposed to reactive
groups.
· Flawed supplementary EIA (multi-purpose dam; aquaculture;
industrial development projects 2005).
· Acquisition of ancestral land for 85 families in East Imbo
location.
· Reclamation of Phase II.
· Failure to involve the riparian communities in the land lease
negotiations between Dominion Groups of Company Management and the County Councils. Major source conflict.
Emerging Issues - Community Perspective
ALEGO COMMUNITY
The meeting took place in the morning of 21st December 2005 in South Alego.
Contact Person: Alfred Otieno; jackotienous@yahoo.com
· Land being cleared by Dominion Farms Ltd both in Alego ad Imbo
is not Trust Land, but ancestral land. Individual people have parcel numbers.
· Dominion is implementing proposed projects without NEMA license. The only project so far approved by NEMA is rice growing, which unfortunately has not started.
· In South Alego, Dominion Farms Ltd did not consult owners of
land for its use. In particular cases, owners woke up one morning and saw
work of clearing land going on. On inquiring, they were intimidated and
threatened by workers from Dominion.
· Discussion as concerns the compensation or lease or purchase of
the affected land has not followed proper procedure between the company and affected people being displaced. This is the real bone of contention.
Names of some of affected people:
- Francis Obiero Ojow; Obongo Ojow; Mathlida Maya; Pepe Onduru Maya; George Otieno ojow; George Ouma Maya; Naftali Nyopere ----
· More than 105 homesteads affected in Bar Olengo Sub-Location of
South Alego Location. Other areas which are affected by the project are Malanga Sub-Location and Bungu village (10 homesteads).
· Trees felled are burnt into charcoal and sold, without consent
of the owners of the properties.
· Beacons/mark points already on the ground to saw the extent of
the land acquisition.
· Water points for both human beings and livestock affected, once
the fencing wall will be done access to these vital utilities will disappear.
E.g. Wath Kanyango in Mur Malanga; Kwoyo and Kamachunga Bungo Village. Village Elders Mrs. Margret Ayieko Omullo (present) and Asst. Chief is John Larier Obilo
· Trees of medicinal value like Roko and Kuogo destroyed. Even
unaffected areas will soon be destroyed due to high demand for fuel wood and
timber as the only source of trees.
· Aerial Spraying is done during the day. Workers and even
people n their homes are sprayed on. Residence has complained of different
ailments as result f aerial spraying. Other effects are instant like itching,
coughing and sneezing.
· Compensation - no one has been compensated in this particular
area of South Alego.
· Employment and Wages- Its rocked with corruption, nepotism and
favoritism and unrealistic working conditions. Casual employees - work on what is called piece rate. It is laborious and tough. Many instances people
(majority women) take more than a day to complete the work after working more than 12 hrs a day.
· Maize distribution - only Imbo side received 1500 bags of
maize. Earlier agreement was that both communities (Alego & Imbo) were to
receive 1500 bags each, translating 2 bags per homestead.
Attempts
Attempts have been made either as individuals or as groups to visit
lands office in Siaya, councilor of the area (Cllr Awadhi Ondewe), County Clerk and the MP. The land officers were not cooperating, its they were already compromised. It’s apparent the original map of the affected area has been interfered with to and wants people believe its trust land and not ancestral
land. The MP on the other hand was not very keen on the issue. The only person who was of some assistance is the area councilor but he is overwhelmed
Emerging Issues - Community Perspective
YIMBO COMMUNITY - Bondo District
The meeting took place in the afternoon of 22nd December 2005 in East
Yimbo.
Contact Person: Erastus Michael Odudi; 0734-265748
Emerging Issues
· Land has been and is still being cleared and trees felled. Even
at the time we were at the site, papyrus was on fire. The land in question is
ancestral one, which is outside the leased area. It is being cleared without
consent of the genuine owners.
· Beacons have been erected encircling or dividing homes.
· Compensation - some people have been haphazardly compensated but majority by the time not yet.
· People are intimidated through Provision Administration. Chief
and his assistant are playing leading role. Compensation forms are brought at
night, and approach people in their homes. Machiavellian tactics of divide and
rule effectively practiced. The administration has dumbed it a Government
project that must succeed. Those who resist are intimidated and threatened
with arrest.
· The Ecology of wild life has been disturbed and disrupted due to
wanton destruction of their habitats and animals are on the loose. Eg dangerous poisonous snakes are roaming aimlessly. Wild pigs seek refuge in homes; endangered species like Sitatunga are now vulnerable the same is to species of birds and animals which are classified as endangered.
· Construction of water reservoir to hold water for irrigation,
electricity production and replenishment of Lake Kanyaboli,
· Parcel numbers - original maps with parcel numbers both in Siaya
and Bondo land offices have been altered.
· Maize distribution - this done haphazardly and the genuine
people have missed out.
· Initially dyke was to be built to prevent backlash. This would
mean people would not easily access to water points etc. This was not very
popular project with communities. They came up with contour systems - water
will find its own level. Some how people could not comprehend the concept,
quickly sold this idea to ignorant and to unsuspecting (some) community members and used it to put up beacons.
· MOU signed between community (12 representatives, this has
reduced to only 4) and Dominion Management. This is what ratified unpopular Contour System and also came up with compensation.
· Compensation - those involved with compensation came with a
ready list from lands office Siaya with names of people with their parcel
numbers, ready to compensate. No initial meeting to discuss the modalities of
compensation including valuing the land and what is on land. About 86 are
targeted. Compensation process was done at Buriro Primary School. Chief came with compensation forms in readiness to be signed. They came with
photographer, to take photos of those who may not have identity cards (IDs).
Each person was given 500.00 to take care of processing ID issues. Old parcel map interfere with. Up to 40 people may have signed so far.
· District water and irrigation Engineer has visited the affected
area and objected to what is going on the ground and told the affected to
ignore what is going on the ground. He warned them of the danger of contour
system, as it will be dangerous to their lives once implemented. It has many
negative impacts.
PROBLEM ANALYSIS OF DOMINION GROUP OF COMPANIES OPPERATIONS IN YALA SWAMP
DOMINION GROUP OF COMPANIES
(Mr. Enos Were Fisheries and environment Manager)
RICE GROWING The group came to Yala Swamp to grow rice in the 2300 hectares that had been reclaimed by LBDA. Though rice growing had not taken off, the company had been growing:
. Soya Beans
. Cotton
. Sunflower
. Artemisia annnua
. Maize
REASONS WHY RICE GROWING HAS DELAYED FOR OVER A YEAR .
Repair of the dyke is not ready
. The dam for holding water is not yet constructed
. Supply of water for paddy field is not there
. Ground levelization for rice farming has not yet done
. The old dyke even if repaired, will not supply water enough
into the fields and L. Kanyaboli
. A reservoir is needed to constantly feed the feeder and L.
Kanyaboli
. A new lease of 6,900ha from Bondo and Siaya CC of which 2,300
had been reclaimed by LBDA.
. NEMA has advised DGC to carry out EIA for each activity
MR. VETCH GRAHAMM (Dominion Group of Companies (DGC) Country. DIRECTOR)
DGC is focused on rice growing in Yala swamp with a goal of 80,000 in 1
yr. DGC plan to lease: -
· Area I 2,300 hect.
· Area II 9,200 (to be reclaimed by DGC)
· Area III 6,000 (Be left as buffer zone)
A total are of 11,500 hectare will be under rice cultivation in Yala
Swamps. For this to take place:
. A weir must be constructed on R. Yala upstream and the feeder
canal realigned in order for the irrigation system to be construct in the fields.
. The land transfers must be completed through the county
councils (Within the provision of Trust Land Act (cap 288) Siaya and Bondo
country council hold the project Land (Yala swamps) on behalf of the local
community). The two councils now have leased the project area to DGC.
PROBLEM 1
The lease did not take into account the role of the community in trust
land management and conservation.
PROBLEM 2
DGC assumes that Yala swamp does not fall within the land held by Busia CC
. Assume that only the water discharged from the project area
enters the Land held by Busia CC.
. Busia County Council will only be briefed on the activities.
MOU Signed on 20th May 2003 with the Siaya CC & Bondo CC for Lease of TRUST Land for an annual fee for a period of 25 years but the Local Community were not involved in the process
. The will be for 25 years and subject to renewal.
. A 500-acre Dam is to be constructed behind the weir as a water
reservoir.
PROBLEM 3:
Most of the land where the dam is to be constructed is not under the
Siaya or Bondo CC meaning the Site is not a Trust Land. The Community owns the Land. For DGC to construct a Dam here, they must negotiate with the community.
NOTE: DGC Management ordered work to start on the community land
without involving / Community Consent.
. A feeder canal will be constructed from River Yala to flash
Lake Kanyaboli. This will be done to ensure that Lake Kanyaboili is properly
recharged.
. To Extract Water for Irrigation the Ministry has given the
approval though not completed.
. NEMA also has approved the Rice growing EIA
. DGC intend to do fish farming (Tilapia) Because
. Restock L. Victoria lost species of Tilapia (i.e. esculentus,
variabilis, lucosticticus)
. There is a high demand for Tilapia World wide
. To do this, DGC must establish a Breeding Programme and a
functional hatchery
WHAT DGC is doing before Rice framing start:-
· Growing rotational crops on the farm (i.e Maize, Sunflower,
Cotton) to increase soil fertility.
· Preparation of seed to supply DGC and other farmers in E.A / Kenya.
WHY CONFLICT IN THE AREA
THE MULTIPURPOSE DAM
The actual conflict arises from the proposed construction of the 500
acres Multipurpose Dam because: 90% in trust land leased from Siaya and Bondo CC and 10% on Public land that require negotiation with the communities or individual land owners for compensation.
WHAT DOMINION HAS BEEN DOING?
Started working on the public Land without /before proper negotiation for:
. Compensation
. Alternative to resettle the affected families
. Unilaterally setting a compensation value of Kshs.45, 000 per acre
. Hired middlemen to deal with the community
. Looking with the Land Offices in Siaya and ignoring Bondo
PROBLEM 4
DGC Commissioned an EIA study on the Multipurpose Dam but did not get community participation as required by NEMA regulations. Also the EIA combined several major activities in one:
. Dam construction
. Fish farming
. Rice Farming
. Artemisia farming
. Fish Processing Plant
. Rice Milling Plant
. Cotton Ginnery Plant
Each of these require individual EIA as they all fall under EMCA (1999)
3RD schedule.
WHAT DGC Management assume will happen to Yala Swamp community: -
. Poverty will be reduced by 10% because of their activities
. Employment would be created in the area due to their activities
. Quality of life/livelihood will be enhanced
PROBLEM 5
Inspite of the Noble ideas in setting the programmes:
. 75% of employees are in casual labour, getting minimum wages.
. The Casual workers work in peace work and are not paid per
hour of work.
. They work from 6:30 a.m. to 6.00 p.m. leaving very little or no time for the workers to produce their own food security.
. 240 are permanent employees
. 1000 are on seasonal basis for (weeding, picking cotton, harvesting)
WHAT DOMINION INTEND TO DO AS A RESPONSIBILITY TO THE COMMUNITY
COTTON GROWING
. Will not be done in the swamp but will encourage the community
to grow more cotton.
. A ginnery will be introduced in the area at the swamp
. Cotton cake to be used as fish meal
. Outgrowers scheme will be introduced
HEALTH SERVICES:
. Will develop 2 health centres in Bondo and 2 in Siaya Districts
. Distribute Mosquito nets to the community to fight Malaria
. Dominion May use/try to use dilute DDT to fight Mosquitoes and
reduce Malaria in the area.
EDUCATION:
Dominion only give materials but community provide Labour through PTA
. Dominion will improve 2 schools in each District Bondo & Siaya
but this Development must follow the plans of PTA/ In collaboration with PTA of the 4 selected schools.
. The 4 schools have been identified and some have started some
work with support from Dominion.
TECHNOLOGY
Dominion intend to introduce paper making technology using papyrus
(Hand made paper)
ACCESS ROAD
Since a parameter fence has been erected around the swamp project area,
there is limited access to the road from Kadenge in Alego Siaya district to
Daraja in Yimbo, Bondo district. This is a road that the two communities have
followed for years. DGC says that the communities are allowed to have access
from 6.00am to6.00 pm when workers are in the field. After 6.00pm, the
communities are considered a security risk and must go around the perimeter fence.
PROBLEM 6
PRA was not done at the initial stage to allow the local community input
into the intended development plan. This has created a total lack of
information sharing between Dominion and the Community in all undertakings.
PROBLEM 7 Dominion has no outreach programme in which the community gets the information on what the company is doing or intend to do in their development.
· Rice growing and plans
· Cotton growing and plans
· Beekeeping and plans
All needs community participation and adaptation to the changes, as this
will minimize conflict in the area.
PROBLEM 8
Dominion has not put in place a Technical Committee that would help in
Community information is a limited access to the road from Kadenge to Daraja
Yimbo. The community must go around the fence but as of now:-
. They can pass through the farm from 6:30a.m. to 6:30pm when
there are workers in the field.
. After 6.30 p.m the communities must go around the perimeter
fence in order to strengthen security in the farming area.
To enhance the communication between Kadenge and Kaugagi, a dyke has been constructed across L. Kanyaboli through the swamps dividing the lake into two parts one for community and the other for DGC.
PROBLEM 9
The construction of the Kadenge- Kaugagi dyke across the swamp did not
take into account the Ecology of the Lake Kanyaboli and might have adverse
effect on the aquatic life and water quality.
HOW ARE PEOPLE (LOCAL COMMUNITY) EMPLOYED TO WORK IN THE FARMS?
. 1000 or more are seasonal workers and they all come from the
local community. Dominion hires a constractor who hires local labour as needed. They pay the contractor and the constractor pays for Local labour as done with the sugar cane caters.
. The casuals are not paid per hour but are given piecework that
might be in the excess of the 8 hours work time in Kenya.
PROBLEM 10
The community does not understand this type of work arrangement and how casual workers are treated in order to avoid them claim permanent status a dialogue must be created for the community to understand the process and reasons.
COMMUNITY POLITICS IN YIMBO & ALEGO
COMMUNITY TENDERING
DGC entered the Yala Swamp with the system of tendering services in order to get goods and workforce. This system has not been to the good of the company and is the center of conflict
1. Uhuru of Jaribu Hardware who is very much linked to Hon. Weya the MP. for Alego was first given the tender then droped.
2. Mr. Matiko of SAMCO took over as the main tender from Uhuru and then droped
3. Mr. Ochieng’ a businessman in Siaya now has the control of the
Dominion tender
PROBLEM 11 Each man who has lost tender from DGC has organized a group they front for in the conflict/resistance movement against Dominion activities in Yala Swamp.
THE CONSTRUCTION OF THE PROPOSSED DAM.
The proposed 500 acres Dam has invaded private land in Yimbo in Bodo
(East Yimbo Location (and Sega Sub Location of South Alego in Siaya). This
invasion is the main reason of resistance and a well planed community
sensitization must be done for if it is ignored, DGC will be in for a long
battle with the communities.
PROBLEM 12 Proposal Dam area has invaded private land and not TRUST Land. Negotiation on private land cam only be done with private land owners and not county council as in trust Land.
PROBLEM 13 Dominion Management has not put in place a common front negotiation team to discuss or deal with the issue. DGC relies on the words of those who have gained from them or those leaders who are in their pay roll. Orders from the chiefs or any local leaders will not work.
NOTE THE FOLLOWING ISSUES
1. Before Dominion came here LBDA was managing the activities in the
swamp and the Government invested in the swamp. The GK Investment includes: Pipes, Building and equipments. All these are now under the care of Dominion In the near future, somebody will ask for them and how they ended up in the hands of a private company.
2. If the community would have not conserve the Yala Swamp Wetlands Dominion would have not come to the area. Thus means that community participation is paramount as a resource they have depended upon is being taken away from them.
3. A number of community leaders feels that traditional activities
will be gone or reduced by dominion activities.
ALEGO, SIAYA DISTRICT COMMUNITY MEETING (34 people attended) 21st. DEC. 2005
Sege Sub-location, SOUTH ALEGO LOCATION
Meeting was held at Ulumba Village next to Ochieng’ Nganyi foot hill
area) to the community, the hill is a sacred place in remembrance of the late
Mzee Ochieng Nganyi.
OBSERVATION
· Land Being cleared by workers hired by Dominion group of comp.
· Beacons are erected by Dominion with the help from Lands
Department Siaya.
· The beacons divide some homes.
COMMENTS FROM COMMUNITY
Mr. PARTRICK OCHIENG ODONGO of Ulumbi village stated that: -
. Bananas are destroyed in peoples land
. Cattle pasture blocked
. Cattle watering points blocked
. Domestic watering points blocked (i.e Wath Kanyumba, Achuodho and Kochieng Nganyi)
. Community land is being taken away by Dominion group of
companies without their approval or negotiation or even talking to them.
. The area councilor is opposed to the activities of DGC in the area
WHAT THE COMMUNITY HAS DONE
. They sent a team to the council and met with the clerk and
their councilor Mr. Awanda Ondego (the clerk told them the problem is with the lands department)
. In April 2005 they met the DC Siaya who told them the council
is misleading them.
. In April 2005 land officers from Siaya walked with the
Dominion management into the area and a new land map was drawn for Dominion without community participation.
. LBDA only used the swamp and not the private land that had
been subdivided and each has a parcel No.
. The entire parcel Numbers run from the hills to the border
with LBDA land in the swamp.
Some of the community members affected starting from the old LBDA intake point at SEGE
1. Naftath Nyapere
2. Francis Obiero Ojow
3. Obongo Ojow
4. George Otieno Ojow
5. Mastida Maya
6. Francis Pepe Ouduru / Maya
7. George Ouma Maya
MZEE FRANCIS OBIERO OJOW Said that: -
. Original Land Map is there and will produce a copy.
. Nobody would have been given a parcel No. if the land
was a trust land as being a legend by the Siaya district land department.
PROBLEM 14
1. Nobody has come to talk to them from Dominion about the land inspite
of the fact that the Dominion workers are clearing land.
2. Approximately 105 people are affected in South Alego from Bar Olengo - Aluamba - Ndori - Ugumba cover.
3. 10 homes are affected in Bungu village in South Central Alego -
Kadenge Sub location.
Nobody has been paid by DGC or approached by the area chief or Ast. Chief for payment but they have heard from East Yimbo in Bondo District that people had paid Kshs. 45,000/= per acre by dominion or their agents which they contest.
FROM MULANGA SUB-LOCATION
Mrs. Margaret Ayieko Omulo village elder Ndori village and Joseph Akumu Odero - Ugumba village elder.
. Their lands are taken and have been cleared by Dominion workers.
. Watering points (Wath Kochieng, Kanyumba, Achuodho, and Dobi) were taken and now their cattle cannot have access to water.
. Also taken are Wath Konyango in Mur village
. Also wath Kango, Kamachagua of Bungu village in Kadenge
sub-location S. C.Alego is taken and fenced off.
. Tha land belonging to the Asst. Chief John Raler Obilo of Bar
Olengo sub -location is also taken by DGC.
. There is a looming conflict in water use between Dominion
company and the local community as River Yala is the only source of water they both depend on.
. As the demand for water use in the area increases;
- The water table might be affected / lowered
- Domestic water supply will be affected
- Cattle access to watering points blocked
. There is a general complain that women from Bar - Olengo are
employed by Dominion for 3 days at a time before being fired and replaced.
. They work from 6.00 a.m to 6.30 p,m per day making it difficult for them to attend their domestic needs.
PROBLEM 15 In the clearing of land in Bar Olengo, Matangu Kadenge cultural trees have been destroyed / cut down by Dominion workers making it very difficult to harvest the herbs they were used to.
EMPLOYEMENT BY DOMINION IN THE AREA
It was noted that only 5 people are employed on casual based by Dominion from Bar Olengo sub location inspite of the fact that their land is now being taken. Nobody is employed permanent. Bar Olengo is one of the largest Sub locations bordering Kadenge where DGC offices are located.
DISTRIBUTION OF MAIZE TO THE COMMUNITY
This was an agreement between the communities and Dominion that they
should not grow any maize crop in their plots around the DGC farm but at every harvest DGC would provide 150 bags to Bondo and 150 to Siaya communities. This would be shared equally in the surrounding sub locations.
PROBLEM 16
Only Waga village got 135 bags and Bar Olengo got nothing up today has been given to the other villages around.
AERIAL SPRAYING OF FARM BY DOMINION
This is done periodically using aeroplane (Read EMCA 1999) 2ND Scheduled guideline). It is done directly on people as the DGC County Director told us that he see nothing wrong with it as the cocktail they are using is not harmful.
PROBLEM 17
. Done at daytime when workers are in the field.
. Community is not informed and no education programme on what
the community should be doing to protect themselves.
. Mr. Alfred Otieno Sec. Bondo Siaya community reported that a
number of people have complained of itching & rushes after being sprayed while walking around or working in the field.
. William Onyango, Paul Obiero reported itching for 3 days after
being sprayed while walking passed the farrm.
. Charles Okoth reported cough, short breath (difficulties
breathing) and itching after being sprayed while walking in the field.
. Mrs. Lillian Atieno Obongo reported falling sick 3 days after
being sprayed in the field leading to her miscourage. She bled until she
aborted. 12/2004.
All these needs further investigation to pinpoint the truth fron DGC and
to get data on the chemicals they are using and its impact on human. Some of
these chemicals may cause cancer, birth defect, or neurotoxin well over twenty
years after DGC had left Yala Swamp.
COMMUNITY GROUPS IN THIS AREA
1. SEJE WOMEN GROUP
Chair - Josephine Ajuoga
Sec - Agustine Jwangre
P. O. Box 91 Siaya
2. ULWANDO SELF HELP GROUP
Chair - Opondo Agari
Sec - Colins Opiyo
P. O. Box 91 Siaya
3. KAILA SELF HELP GROUP
Chair - Agustine Jwangre
Sec - Domnic Odiambo Ngog
P. O. Box 91 Siaya
4. YALA SWAMP CONSERVATION GROUP
Chair - Julius Ochieng
Sec - Alfred Otieno
P. O. Box 97 Siaya
Registered with social
ACTIVITIES - Ecotourism
- Bird’s protection
- Wild life
- Fish species
5. FRONT LINE YOUTH
Chair - Owuoth Nyadenge
Sec - John Aila
P. O. Box 91 Siaya
Are 27 youths and registered under social services
COMMUNITY MEETING EAST YIMBO IN BONDO DISTRICT Because of a funeral in the area we only had a meeting with about 10 -20 people
VILLAGES AFFECTED
. Mago village
. Lela village
. Aduwa village
. Iro village All are in East Yimbo Location
. Abidha village
. Magombe village
. Achuodho village
OBSERVATION
. Land is being cleared up to the foot of the hills (Magombe hills)
. Beacons have been erected in private lands by the land
dept-from Siaya inspite that this area is in Bondo District. This is a form of
corruption that should be investigated for action
. Huge trees have been cut down to pave ways for the proposed dam..
COMMUNITY REACTIONS
MR. ODINDO ERASTO
A community mobilizer in the area indicates “Divide and Rule has been
deployed by dominion in order to paralyse community determination for justice
on their land”.
. When Dominion first came, the area chief told the communities
that the Country Council will give them land for their activities at the former
LBDA land (the Trust land).
. Sometimes this year we saw people walking in private lands
- Erecting beacons
- Land clearance started
- Trees are cut down
- Our pasture taken
PROBLEM 18
Nobody from Dominion, the Country Ccouncil or local administration took
time to explain to the community before the work started or in planning for
utilization of private land this is the core of resistance to DGC activities in
Yala Swamp.
. When the community asked chief about the activities going on
on their land, the chief told them that the land is a Trust Land and they have
no voice to talk. The chief came with the officers from Siaya Land office and
not Bondo where Imbo is located. This is a form of corruption that should be
investigated for action.
. We enquire from Bondo lands office and we were told that they
have no record of nay land being demarcated in East Yimbo.
COMMUNITY ACTION
A committee of 12 to look into the issues was formed and wes mandated to investigate for the community why: -
- Land being taken
- Pastureland taken
- Felling of trees even trees of cultural value to the community
- Homes are taken up to around Magombe hill.
Committee leaders:
. Tobias Ouma Okello - Chairman
. Dero Ogutu - Secretary
.
PROBLEM 19
Because of the activities of Dominion the community of E. Yimbo.
. Cannot access to R. Yala watering points
. Cannot access to pasture
. Some have lost their homes
Dominion in collaboration with LBDA came to tell the community that they
have to move out for they wanted to construct contour system around the area to assist the retention of the proposed dam.
PROBLEM 20
The community was informed by Dominion and the local administration that an MOU had been signed between them (Dominion) and the Bondo and Siaya county councils and NO MORE TALKING TO ANYBODY ON THE LAND.
This MOU was signed and Dominion set to work:
- No community participation
- The communities were only directed to sign for your land to be taken
- 86 families are affected from MAGO to MAGOMBE villages.
PROBLEM 21
Area land map cannot be located at NYAMONYE Land Office - USIGU Division
. The community had gone to court to block the Dominion from
taking private lands.
. The case is not being given proper hearing.
PROBLEM 22
In November 2005 at BURINO Primary school, Dominion management in
collaboration with local administration came: -
. To take picture of community
. Bought 500/= for those without ID to go look for ID.
. To give advance payment to private land
PROBLEM 23
Mr. Odhiambo the District Water and Irrigation Engineer has advised the
community that in Bondo District they have not been informed of what is being
done by Dominion or his Agents in East Yimbo Location.
. The area councilor MR. JWENGE OKWARO has refused to
collaborate with Dominion and the local administration on taking private land.
. Area MP. DR. OBURU ODINGA has refused to get involved with this issue but has given Dominion a clean bill of health
. The following leaders Mr. Ouma Tobias Okello,Mr. Dero
Ogutu, Area chief and Area Asst. Chief have asked the community to:
. Support the contour construction
. Accept payment of 45,000/= per acre compensation
. Ignore what land officers in Bondo are saying
. Sign the Land acquisition forms provided by Dominion
. Reject what the area Councilor is telling them to
oppose Dominion activities.
Way forward
1. Public Stakeholders’ Forum in Kisumu on Yala Swamp regarding
Activities undertaken by Dominion Group of Companies. This will jump start the process of minimizing conflict and creating communication with the stakeholders.
2. District Workshop of stakeholders’ in Siaya
- Community SWOT analysis.
- Community Action plan
- PRA planning and preparations.
- Community commitment on social issues.
- Environment issues
3. 2-Day Strategic Planning Workshop for Advocacy to help analyze the
issues affecting Yala Swamp
- Advocacy Action plan
4. Develop a serious media strategy. e.g. Radio Lake Victoria
Organizations to be contacted for possible support:-
1. Nile Basin Initiatives
2. Action Aid
3. MS-Kenya through Ujamaa - Patrick Ochieng
4. CARE Kenya
5. Fadhili Trust
6. Kenya Land Alliance
7. NEMA - expert opinion (Public Complain & Environmental Tribunal)
8. KWS - expert opinion
9. KMFRI - expert opinion.
10. Kenya Human Rights Commission
11. FIDA
12. LSK, Nyanza Branch
13. Lake Victoria North Water Resources Management Authority.
14. CHEMCHEMI - Ya Ukweli. - Otieno Ombok
15. Radio Lake Victoria
16. LBDA
17. Parliamentarians and Councilors - Shem Ocholla
18. RECONCILE - Nakuru
19. ECOVIC
20. UHAI
21. Peace & Justice
22. Franciscan Sisters
23. Power of Jesus Around the World
24. Maseno West Dioces - .
25. Arch Diocese of Kisumu - Local Parishes in Siaya and Bondo.
26. CRADDLE - Ms Millie Odhiambo
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