Extractives Industries and Conflict: Reduction of Risks Associated with Extractive Industries in Turkana County, Kenya

African countries endowed with natural resources, especially oil have seen violent conflicts due to poor management of the natural resources. Violent conflicts largely where local communities have been systematically excluded from decision-making processes and when the economic benefits are concentrated in the hands of a few thereby causing economic disequilibrium in the society. Misuse of the natural resources has frequently been cited as the main factor that activates, increase or support violent conflicts around the world. When the key stakeholders disagree on the management, distribution and protection of natural resources and related bionetworks. Natural resource conflicts arise when parties disagree about the management, distribution and protection of natural resources and related ecosystems. These conflicts can heighten into brutal relations and violence when the parties are incapable or reluctant to engage in a positive process of dialogue and conflict resolution. While there are many issues associated with extractive industries, the role of natural resources in triggering, escalating or sustaining violent conflict is the focus of this survey and consequently offer relevant in reducing these conflicts so that the natural resources found in Turkana County can truly be a blessing and a catalyst for poverty reduction in Turkana County. Conflict turns out to be difficult once societal mechanisms and institutions for handling and determining conflict break down, giving way to violence. Societies with weak institutions, fragile political systems and divisive social relations can be drawn into cycles of conflict and violence. Preventing this negative spiral and ensuring the peaceful resolution of disputes is a core interest of the international community. The general objective of the survey was to offer strategies in reducing conflicts associated with extractive industries. The methodology used in this survey was both qualitative and quantitative. The research design employed was descriptive survey design. The sample size was 270 heads of households and 20 stakeholders working in Turkana South and East Sub-Counties respectively. The data was collected using questionnaires and interview guides combined with observation schedules. The findings of the survey reveal that indeed extractive industries and conflicts are twins and hence there is need to address conflicts to turn natural resources into a blessing for the society.


INTRODUCTION
In spite of oil companies claim that they are doing enough in terms of bringing development to the host communities, the host communities remain hostile and constantly at variance with the oil company. It is against such background that it becomes necessary to examine the effectiveness of the efforts of oil companies in Turkana County in answering the development needs of the host communities. Two pertinent questions in this research are: What is the community perception of the extractive industries? Will the natural resource wealth in Turkana County lead to sustainable livelihood? These are questions that require to be answered in a bid to ensure that oil discovery in Turkana County becomes a blessing and thus leading to improved standards of living among the residents of Turkana County. The presence of oil in Third World countries is a paradox. Whereas oil might be expected to spur development and eradicate poverty, the reality is countries with oil resources are the most persistent trouble spots due to poor management of the resource (Imana and Mmbali, 2016;Jill. 2006). Countries such as Nigeria have been drilling oil and instead of the oil being a blessing and boosting their economies, the local residents within the oil catchment area have become poorer thereby developing hostile attitudes to the operations of the oil companies. The ownership of land in Turkana is communal which is held in trust by the Turkana County government for the pastoralists communities although the majority of it has been allocated to oil blocks in agreements with investors (Mkutu and Wandera, 2016).

MAIN OBJECTIVE
The general objective of this study was to find out ways of reducing conflicts associated with extractive industries in Turkana County. The study will concentrate in evaluating the perception of the local community, factors causing conflicts and lastly the effects of conflicts associated with extractives.

METHODOLOGY
The researcher used a sample size of 270 heads of households (Turkana East Sub-County: Lokori ward and Katilia ward -Total of 130 households) and Turkana South Sub-County (Lokichar ward and kalapata ward-140 Households). An additional of 20 respondents comprising of relevant stakeholders in the area was included in the sample. They included; Leaders from the County government of Turkana, Religious leaders, NGOs and Officers working with extractive industries (see Appendix A). This was arrived at using multi stage random sampling method which requires breaking down respondents at each level until the lowest level which in this case is the village within the ward.

Sample Size:
It is worth noting that it was not be possible to reach the entire population of the residents of Lokichar Basin. Therefore, a selected number of respondents were reached to obtain relevant information about the whole population and this is in line with Oso and Onen (2011). The researcher employed multi stage random sampling method to arrive at the sample size for this survey. Here the population was divided into sub-counties (Turkana East and Turkana South Sub-Counties) which were later divided into wards (In each Sub-County the researcher chose two wards) and from the wards few villages were chosen from which respondents were selected randomly for the study. The respondents were largely the people living in the current or past sites such as drilling sites or residential camps where activities of extractive industries are taking place or took place. Other respondents included stakeholders within the same vicinity who have a leadership role and thus actively involved in the affairs of the local/host community. Based on this approach, the sample size for this study was 270 heads of households (130 respondents from Turkana East Sub-County and 140 respondents from Turkana South Sub-County) and other respondents will be 20 bringing the total number of respondents to 290see Table 3.1 below; NGOs representatives 3 5 Local Chiefs 6 6 National and County Government Officers 2 Total 290 The survey team was made up of four research assistants and one lead researcher bringing to a total of five people. The team worked together in each site carrying out individual interviews. The data was collected through questionnaires, informant interviews and focus group discussions. On the question of relationship between Host community and Extractive Industries, Majority of respondents (48.3%) describe it as being moderate, 28% of respondents consider this relationship to be generally good whereas 23.8% of the respondent's assert that the relationship between the host community and the extractive industries is bad. Moderate relationship reveals that at some stage there is conflict between the extractive industries and the host community though there are times of peaceful rapport. One of the respondents Ekeno A Aite said, "….Ibelebelo Tullow…Akwaar na Tojoker…Moi toroner…." which translates to "…Tullow at one stage is good and at times bad…" The host communities look at their relationship based on the benefits they receive from the extractive industries with special reference on employment (Casual labour) such that when they are employed then the extractive industries are good and once the job opportunities cease then the industries are bad since they offer no support to their livelihood. This is in line with other benefits enjoyed by the host communities as CSR from the extractive industries. The percentage of respondents who rate their relationship with extractive industries as being good are those living in Katilia Ward who have not yet experienced anything bad with Ol Suswa Co. that is yet to utilize Geothermal in their area.   extractive industries being below average, 37% rate these efforts as average, 22% of the respondents acknowledge efforts of the extractive industries as being good and 2% view them as being very good. This is a reflection of a community that is not yet satisfied with the interventions of the extractive industries and hence their relationship cannot be well founded. Consequently, this dissatisfaction becomes a ground of misunderstanding and hence catalyzes conflicts. Majority of the leaders are not satisfied with the efforts of the extractive industries. This is an echo of the local community concerns and thus creating an atmosphere of animosity against the extractive industries. The rating of these CSR efforts is seen in the infrastructural development within the region. The respondents expressed that they cannot be able to proudly say that they have seen major infrastructural development in their region since the advent of extractive industries. 37.5% of the respondents stated that extractive industries have contributed to infrastructural development at a low extent, 30.8% of the respondents consider it to have contributed moderately, 18.8% have not seen any effect on infrastructural development, 7.5% have no idea of any development contributed by the presence of extractive industries whereas 5.4% of the respondents rate infrastructural development highly. Water a basic need is still a problem in the areas where activities of extractive industries are taking place. The local residents in Lokicheda near Ngamia 1 (see Photo 4.1) , which is the first oil well do not have a reliable water source and to date rely on water tankering by Tullow Oil. Therefore, the situation of water inadequacy still remains. Here below is a water tank that water is put for consumption by the local community. This would have been better if there was a borehole for the local community rather than waiting for weekly supply of water by the tankers. Ngamia One High School has only benefitted with one Classroom block from Tullow Oil Co (see Photo 4.2), yet this school would be expected to be a great beneficiary by virtue of being the only secondary school near the 'mother' of all oil wells in Turkana County.

Existence of Conflicts
Looking at the kind of relationship between the host community and the extractive industries as a result of dissatisfaction from the local community, majority of respondents confirmed that indeed they have witnessed on several occasions conflicts between the host community and the extractive industries. The few respondents who said no to the prevalence of conflicts are those from Katilia ward who so far have not experienced any conflicts given that Ol Suswa Co. that is concerned with Geothermal has not actually gone into major operations in the area. The residents are yet to see if there will be any conflict arising from exploitation of Geothermal.

Figure 4.2: Conflicts between host community and extractive industries
At the time of the survey, the residential camps of Tullow Oil Co. were closed due to the tension in the area following demonstrations of a dissatisfied community.

Source: Authors
Have you witnessed conflicts between host community and Extractive Industries? The local communities where Oil exploration activities have been done have on many occasions demonstrated against extractive industries. Upon looking at the conflict parties, majority of the respondents assert that the parties in these conflicts are mainly Tullow Oil Co. and the local residents living near the oil sites of course in collaboration with the residents of the larger Turkana County. 77.1% respondents assert that the major parties in these conflicts are Tullow Oil Co. and the host communities, 17.1% see the parties to the conflicts being the host community and the Government of Kenya and this especially when the local community feels not protected and supported by the government when they feel shortchanged by Tullow Oil Co. On the other hand 5.8% of the respondents agree that at times there is conflict between themselves in the case where for example one community member loses a job and replaced by another which brings a feeling of mistrust between community members. One respondent had this to say in regard to intra-community conflict "….Kiteremok kolong sua Tullow kotere na ipusia ipei etic sodi kigir nabo nice…Atamasi robo..ekwa ca been ati kisipusi ayong emoit.." (…When a member of a community loses his/her job the feeling is that the one who has taken their place is the cause and in this case the replacement of a fellow community member…) A close look at the major parties to the conflict brings Tullow at the centre and the local community hence the assertion of the majority of the respondents holds water. Looking at the nature of this conflict, the respondents are worried that extractive industries in their area will leave one legacy…Death is the only legacy that extractive industries will leave in Turkana County as asserted by one elder : "…..Ebunit akmiet na ka Tullow keng amunyar Ngiturkana…Akitu bon kidarit…( Conflicts associated with Extractive industries will finish us…we are only waiting for death as a result of the presence of extractive industries in this region…" This assertion goes in line with the words of Amstel Monday Gbarakpor who had this to say on exploration of oil in Nigeria "……The only legacy that oil has brought to Niger Delta is death…" local community feels disrespected when their views are not considered. Such was the case with the latest demonstrations after the launch of the EOPS. When the local residents are poorly engaged, marginalised or excluded from the dialogue in the development process, they are almost certain to begin to oppose the development. This is particularly the case where they have not been consulted on whether the development should proceed at all, especially if there is the risk that they will bear the impacts and fail to benefit. As the conflict escalates, the use of strategies of violence as a coercive measure against the company and a means for addressing old grievances and mounting opposition against the government are likely to occur Young people who are unemployed are at the risk of being used to cause conflicts and given their situation they go into it since they consider themselves as having nothing to lose after all. 64.6% of respondents are affirmative on the role played by young unemployed population in conflicts as active agents, 25.8% consider this assertion as being not true whereas 9.6% do not know whether young people can be agents of conflicts given their vulnerable situation of unemployment. Extractive industries have scored low in creation of employment and thus young people who are looking for employment shift their energy and time to demonstrate against extractive industries.

Benefit sharing and Conflicts
The most recent cause of conflicts between the local community and the extractive industries is unclear benefit sharing. Majority of the respondents (98.8%) allude to the verocity of associating natural resource-related conflicts to the unclear benefit sharing, 0.8% of the respondents deny this fact whereas 0.4% are not aware of the fact that unclear benefit sharing has contributed to the tension between the local community and the extractive industries. The local residents claim that at the launch of the EOPS in Ngamia 1, the agreement was that they (local community) would be given their 5% share in form cash transfer but to their surprise things changed as soon as the first truck carrying oil to the refinery were released. On realizing this was mischief, the local community then resorted to block further transportation of crude Oil from Turkana County.  One respondent had this to say "….Kipiak nakad…We need to be given our share in form of cash transfer to our personal accounts without which we cannot let oil be transported outside Turkana…" The local residents argue that the only way they can directly reap the benefits of the natural resources on their region is through getting cash transferred to their accounts just like the famous "lopetun" in the County. If benefits are distributed in a manner that appears unfair as compared to the distribution of the costs, risks and responsibilities, then those who are disenfranchised or bearing risks and responsibilities without fair compensation will rebel. It is this then that explains why the Turkana people are not happy with the percentage given to them and even worse that they cannot get the revenue in form of cash. Land tenure contributes to conflict when land ownership, management and access are deemed to be unjust or unequal, or when customary practices conflict with formal laws. Pastoralists have lost their grazing land to the extractive industries and so they can in no way bring their animals to graze anywhere near the residential camps or working sites of the extractive industries. Any attempt to access grazing land near the established camps of extractive industries has been futile and thus a cause of dissatisfaction from the side of the local community.

Lack of Compensation
The local community have had issues with the extractive industries especially Tullow Oil Co. on grounds that they have not been compensated yet they bear the consequences of their activities and above all especially because they gave land to the extractive industries for their residential camps and other activities. Among the consequences for which the local community requires compensation include: Degradation of the local environment, loss of land and displacement which have direct impacts on human health and the productivity of agriculture and other forms of traditional economic activity. Majority of the respondents revealed that the extractive industries have not compensated the local community for the land taken for residential camps and other activities while a minority acknowledged having been received compensation for the loss of land. So far only a few wells (Amosing 6, Amosing 7, Ngamia 9 Ngamia 10) have been compensated each Ksh 7m while the compensation expected for all the other oil wells has not been given. The fact that the land taken by the extractive industries has not been compensated to date yet this was the initial agreement at the time of lease of land contributes to the conflicts between the local community and the extractive industries. This forms part of the unfulfilled promises. One respondent had this to say "…..Tullow Oil Co. have cheated us for long…When they asked for the land they told us that we lease the land to them after which they will compensate us for the loss of land…To date…we have not been compensated" The local community blames Tullow over unfulfilled promises and this fuels the conflict between the local community and the extractive industries. Among the unfulfilled promises that would form part of compensation apart from money includes:  Creation of employment  Award of tenders  Provision of relevant and necessary community needs such as water, health facilities and support for education 94% 6%

Inadequate institutional and legal framework
The mismanagement of funds is symptomatic of the broader institutional and legal capacities to manage the development of EI for the benefit of the country as a whole. Majority of respondents confirm that there is inadequate institutional and legal framework in the management of natural resource find in Turkana County. On the other hand, a minority of the respondents acknowledge that the absence of legal and institutional framework cannot be attributed to the rampant conflicts between the local community and the extractive industries.

Figure 6: Inadequate institutional and legal framework causes conflicts
Due to the gap in the rule of law, revenues from EIs often concentrate wealth and power in the hands of the few, thereby exacerbating inequality, poverty and levels of corruption. This legal gap opens ground for the mismanagement of resource benefits thus leading to dissatisfaction which consequently leads to conflicts.

Mediator between Local Community and Extractive Industries
Conflict resolution requires that there be a mediator between the conflict parties. With regard to the conflict between the local community and the extractive industries, 58.3% of the respondents trust the Church as a mediator arguing that the Church has men and women of faith who are selfless and put the interest of the vulnerable people as a priority. However the respondents pointed out the long silence of the Church especially the CJPC in their conflict with extractive industries. One respondent said: Inadequate Institutional and legal framework causes conflicts Therefore the role of the Church as affirmed a majority of respondents in mediation is so great and cannot be underestimated. This is a role that for some time was missing in the affairs of the extractive industries in Turkana County. The Church (CJPC) enjoys much trust from the local community. 15% of the respondents trust government leaders especially the Chiefs and elders in mediating in their conflicts, whereas 14.6% trust NGOs and 12.1% trust politicians as mediators. Respondents argued that their little trust in the three groups is based on the fact that these leaders are always manipulated by the extractive industries investors. Government leaders, NGOs and politicians have been painted as being easily bribed by the extractive industries and hence do little if not none to help them get their grievances properly addressed. One respondent said "…. Whenever we have conflicts with extractive industries…our leaders go into a closed door meeting with Tullow Co. officers…they come out of the meeting without any substantive resolution….we do not know what they are given inside those rooms…". This raises concern over leaders being bribed not to really seek the best for the conflict parties.

Effects of conflicts Associated with Extractive Industries
Conflicts associated with extractive industries have a double-fold effect such that they affect both the local community and the extractive industries.  29% of the respondents point out loss of jobs as an adverse effect of the conflicts. Those employed by the extractive industries lose their jobs since no activity goes on at the time of conflict. This also affects the extractive industries since their work comes to a standstill and thus costing them. This will eventually lead to slow recovery of cost of production and thus no maximization of profit on the part of the extractive industries. 25% of the respondents argue that when there is conflict between the local community and the extractive industries, the services given to the community are withdrawn. One respondent said "…When we are in conflict with extractive industries…water supply with the tankers is stopped and so we do not get water as usual…" Another effect of these conflicts is a drop in business gain since no cash flow from both sides.

Effective engagement of local communities
There is need for meaningful engagement of local communities in the activities of the extractive industries. Constant engagement enhances the relationship between the local community and the extractive industries. While the underlying conflicts between development objectives and community values may generate real tensions, those tensions are far less likely to escalate into violent conflict if those affected can play a decisive role in the decision-making processes. Engagement of local community leads to them owning the natural resource in their region and a sense of being valued. This can be promoted through consultation and enabling the local community to be active participants in the management of the natural resources found in their area.

Clear and Equitable benefit-sharing Scheme
Local community ought to be made aware of their share of the benefits and the benefit sharing need to be equitable. Benefits to communities and regions need to be in the form of barter contracts and direct cash transfer. Barter contracts can take the form of infrastructure, employment, contracting opportunities, and general economic development. These benefits can be provided to communities and regions as a whole as well as to specific communities living near the drilling sites and residential camps of the extractive industries. If these benefits are consistent with community interests, and are perceived to be delivered fairly, they can help prevent conflict. The local community can also be given direct cash transfer and this has been voiced by the local residents in various fora.

Employment Creation
Extractive industries need to create employment for the local community within the companies that service them. Employment be clear on the allocation of positions within the companies and possibly take affirmative action in ensuring that employment is well spread.

Transparency
It is important to make public information because this reduces suspicion and enhances trust between the parties involved. The local community ought to be aware of activities of extractive industries which they seem to be vaguely known and hence breeding suspicion. A vigorous and diverse mass media is an essential cornerstone of a free and open society, and helps to establish and maintain transparency. Strengthening their capacity and independence thus becomes a critical component of efforts aimed at ensuring that revenues are invested in the public interest.

Rule of Law
A profound institutional and legal framework is necessary to guide the relationship between the local community and the extractive industries. With an established legal framework pertinent issues of revenue sharing can be well stipulated and implemented. Legal framework will stipulate the rights and obligations of both the local community and the extractive industries and will form the basis of rights-based approach in the exploration of natural resources in Turkana County.

Establishment of grievance Management Committee
There is need to establish mechanisms of addressing grievances of the local community. This requires establishment of structures and more important is having office in place that will be able to mediate between the local community and the extractive industries.