“He demanded that we have sex. I tried to refuse him, but he insisted”

Employees at two Danish-owned hydropower plants in Uganda impregnated 31 women and girls. 14 of the girls were under the age of 18 and some of them as young as 15, says the city council chairman. Some of the mothers also report that they were infected with HIV. The Danish owner, Frontier Energy, was warned about the case in 2021, but did nothing.
Date
11. December 2023
Employees at two Danish-owned hydropower plants in Uganda impregnated 31 women and girls. 14 of the girls were under the age of 18 and some of them as young as 15, says the city council chairman. Some of the mothers also report that they were infected with HIV. The Danish owner, Frontier Energy, was warned about the case in 2021, but did nothing.
Partner
In collaboration with NTV Uganda
Chief editor: Jakob Sloma Damsholt
Juliet Kabuhgo was 17 years old when she got pregnant. Photo: Joel Kaguta / NTV Uganda

Juliet Kabuhgo remembers clearly when she met the father of her child. She was 17 years old.

“He called me several days in a row and asked me to meet him down at the market. One day I went down there and met him. He told me he loved me, but I didn’t understand because we had never met. After two weeks, he started sending me money. First 20,000 shillings, then 30,000 shillings (55 Danish kroner). Then he demanded that we have sex. I tried to refuse him, but he insisted,” she says.

Juliet Kabuhgo, who is 22 years old today, is one of 31 girls and women who say that from 2018 to 2022, they were impregnated and then abandoned by employees at the Nyamagasani Hydro Power Project, two hydropower plants where Danish energy company Frontier Energy is the majority shareholder.

Danwatch’s partner, the television station NTV Uganda, visited the village of Kyarumba at the foot of the tree-covered slopes of the Rwenzori Mountains and interviewed seven of the affected girls and women, as well as a number of other sources in the local area.

The women and girls talk about being persuaded and pressured into sex by men under contract with the Sri Lankan company VS Hydro, which built the Nyamagasani Hydro Power Project for Frontier Energy, and how they struggle to support themselves and their children today.

The fathers who came to Kyarumba from other parts of Uganda and Sri Lanka have all left the area again and the mothers are not able to get in touch with them.

“When I told him I was pregnant, he refused to believe it. Instead, he demanded that we have sex again,” says Juliet Kabuhgo. “I agreed because otherwise I was afraid he wouldn’t take responsibility for the baby. Afterwards, I tried to call him several times, but he just told me that it wasn’t his child and that I should have an abortion,” she says.

Kyarumba is located in the foothills of the Rwenzori Mountains, located in the border area between Uganda and DR Congo. Video: Joel Kaguta / NTV Uganda

According to Ivan Bwambale, the politically elected chairman of the Kyarumba sub-county council, an area in western Uganda with just over 25,000 inhabitants, fourteen of the girls were under the age of 18 when they became pregnant.

This is despite the fact that it is illegal in Uganda to have sex with anyone under the age of 18.

“Some of the girls were as young as 15-16 years old, and there are also four who have been diagnosed with HIV,” he says. “It’s a very unfortunate situation and we hope that these single mothers will soon get some help,” he says.

Who is Frontier Energy?

  • Frontier Energy is a Danish company that invests in green energy in Africa. The company was founded in 2011 and has offices in Tanzania, Kenya, Uganda, Rwanda and Copenhagen.
  • In addition to the Nyamagasani Hydro Power Project, Frontier Energy is involved in five other hydropower plants in Uganda.
  • Frontier Energy holds a majority stake in the Nyamagasani Hydro Power Project through its project companies, Rwenzori Hydro and Nyamagasani 2 HPP Ltd.
  • The Confederation of Danish Industry was a founding member of Frontier Energy, but is no longer part of the company. Frontier Energy receives funding from, among others, Danish pension funds and a number of European development institutions.

Ivan Bwambale’s information is confirmed by several local sources that NTV Uganda has spoken to.

The Danish company behind the Nyamagasani Hydro Power Project, Frontier Energy, did not wish to participate in an oral interview with Danwatch. However, the company writes in an email response that they are aware of the case and are investigating it further.

“This is a matter we take very seriously,” writes Anders Hauch, Investment Director at Frontier Energy.

However, he declines to go into details.

“Unfortunately, out of consideration for the group of people who have contacted us, we cannot comment publicly on the specific aspects of this case. This would be unethical and contrary to the guidelines we try to comply with in this area,” Anders Hauch writes.

Ignored the warning

It started well, Ivan Bwambale remembers.

In 2017, when Frontier Energy began the construction of the Nyamagasani Hydro Power Project, the locals welcomed the construction. Kyarumba is located in a remote, inaccessible mountainous terrain and does not attract a lot of major Western investment.

“There was a lot of activity in the area. We had high expectations that the local economy would take off,” says Ivan Bwambale.

But in the summer of 2021, the city council chairman started receiving inquiries from concerned parents. They told us that employees at the hydropower plants had impregnated their daughters and now didn’t want to acknowledge the children.

“I investigated the matter further and made a report describing the situation and what the individual girls had told me. I submitted it to Frontier Energy, but we never heard from them,” says Ivan Bwambale.

Danwatch and NTV Uganda have seen the report that the council chairman submitted to Frontier Energy in July 2021. Danwatch has also been in contact with the local employee who received it. This person no longer works for Frontier Energy and does not wish to be named.

“I passed it on in the system, but then nothing more happened. I’m sorry about that, because the girls should have been helped,” the former employee tells Danwatch.

Frontier Energy confirms today that they received an inquiry about the matter in 2021 without acting on it.

“The request was received by a local employee in the project company, who correctly forwarded it to his superior, who unfortunately never forwarded it to the management. We will try to find out why and see if we need to adjust our procedure to minimise the risk of this happening again. We can only regret that the matter was not brought forward at the time,” writes Investment Director Anders Hauch in an email to Danwatch.

The missed inquiry was realised when Frontier Energy was contacted again about the matter in May 2023 – this time not from Ivan Bwambale.

“In accordance with our procedures for handling such inquiries, our employees asked the group to collectively or individually contact us verbally or in writing so that we could assess the case and, if necessary, contact the contractor responsible for the construction of the facility,” Anders Hauch writes and continues:

“To date, we have not received any inquiries. Notwithstanding this, however, as part of our ongoing community engagement, we have been in dialogue with various stakeholders on the topic,” he writes.

One of Jane Mbambu’s daughters. Video: Joel Kaguta / NTV Uganda

Hard to afford food and medicine

One of the concerned parents who approached council chairman Ivan Bwambale in the summer of 2021 was Jane Mbambu.

Two of her daughters have had children with employees of the Nyamagasani Hydro Power Project. They were 17 and 19 years old, respectively, when they got pregnant. Both were still in school.

Without fathers to provide for her daughters and their children, Jane Mbambu has herself had to step in and help. But it’s hard to afford it all.

“I take jobs in other people’s farms to be able to support them all. The fathers have left, so it has been me who has had to pay for food and doctor’s visits,” she says.

Jovia Biira tells a similar story.

She became pregnant and infected with HIV when she had sex with a hydropower plant employee three years ago – at the age of 24. He approached her one day at the local market where she was selling tomatoes. He offered her money to be with him, and when she got pregnant, he cut all contact and disappeared.

Today, Jovia Biira has left Kyarumba. Both her parents are dead, but she had hoped that her six brothers would help her take care of the baby.

“They have all rejected me. They don’t want to have a child in their home that they don’t know the father of,” says Jovia Biira.

The stories from Kyarumba do not surprise Kristine Mærkedahl Jensen, International Manager at Sex & Samfund.

“We know that early and unwanted pregnancies in countries like Uganda often trap girls and women in a vicious socio-economic spiral. The pregnancies become a burden they have to carry for the rest of their lives. Especially because single parenthood is still perceived as a huge shame in Uganda. Girls and women find it harder to afford food, education and healthcare, both for themselves and their children,” she says.

  • “Unfortunately, out of consideration for the group of people who have contacted us, we cannot publicly comment on the specific aspects of this case. This would be unethical and contrary to the guidelines we are trying to comply with in this area. However, we can confirm that our project company was made aware of the case in May 2023 and that we in our management company and our employees in the project company in question are investigating the details of the allegations against employees of the independent contractor hired by the project company to build the hydropower plant. This is a matter we take very seriously.”

Was the type of social impact described here part of your impact assessment prior to the project?

  • “Ever since Frontier Energy was founded about 12 years ago, we have had Environmental Social & Governance (ESG) at the core of our renewable energy investment activities in Africa. Our ESG requirements are based on a number of standards, the most important of which are the IFC Performance Standards, which are the most widely used standards for infrastructure investments in emerging markets.”
  • “We are committed to ensuring that we comply with our ESG requirements and therefore have a dedicated team of specialists in both our management company and portfolio companies who are focused on the environmental and social aspects of our projects and who are in direct and continuous contact with the local community.”
  • “As standard practice, we always conduct comprehensive Environmental and Social Impact Assessments (ESIA) in accordance with IFC Performance Standards prior to any investment. These studies always include consultation with local communities and other stakeholders and must be approved by the relevant environmental authority in the country concerned before a project can be implemented.”
  • “A standard assessment in all ESIAs is how a given project will affect the local population in the area surrounding the project. One element that is almost always identified as a risk is that a major construction project, due to the influx of labour and more money, can lead to an increased risk of violations, unwanted pregnancies and transmission of sexually transmitted diseases.”

Experts explain that this type of problem is well known and quite expected on a project like Nyamagasani Hydro Power. Did you make a special effort to prevent this type of problem?

  • “We agree with that. That’s why we have a Code of Conduct for our own employees in project companies and our management company that addresses their behaviour and interaction with the local population and we have systems in place that should catch if our employees violate the Code of Conduct (Grievance Redress Mechanism).”
  • “In addition, we have provisions in the project companies’ contracts with contractors and other contract partners that require the contractor to comply with the law and various relevant standards (including IFC Performance Standards) and to address identified social and environmental risks in the local community. We continuously monitor the contractors’ work, including their compliance with the requirements in our contracts with them, using our own employees in the project companies as well as external consultants. In addition to our monitoring, we always establish community Grievance Redress Mechanisms where we collect complaints from the local population. We also have ongoing dialogue with the local community to identify areas in need of improvement.”
  • “Furthermore, we integrate regular awareness campaigns on HIV/AIDS and the use of contraception throughout the construction phase to both local communities and women’s groups, as well as to employees of the companies responsible for the construction of our facilities, which aim to reduce unwanted pregnancies and sexually transmitted diseases that occur both as a result of and independent of our activities. As part of these activities, we also ensure that contractors provide free condoms to their employees.”
  • “These measures were also implemented at the Nyamagasani project. However, it should be noted that our work with awareness campaigns and dialogue with the local community was hampered by the very restrictive COVID-19 measures in Uganda for most of 2020 and 2021.”

When did Frontier Energy first learn about the case?

  • “In May 2023, one of our project company employees received an informal inquiry on the matter, after which it was presented to the project company’s management, as well as our ESG Manager and the relevant project managers in our management company.”
  • “In accordance with our Grievance Redress Mechanism procedures, our employees asked the group to collectively or individually approach us verbally or in writing so that we could assess the case and, if necessary, approach the contractor responsible for the construction of the facility.”
  • “To date, we have not received any inquiries from any individuals, the group collectively, or representatives of the same. Notwithstanding this, however, as part of our ongoing community engagement, we have had some dialogue on the topic with various stakeholders.”

Does Frontier Energy recognise that the chairman of the Kyarumba city council made an inquiry about the matter in the summer of 2021?

  • “In May 2023, in connection with the informal inquiry in the case, we found that there had been an inquiry to an employee of the project company back in 2021, which for unknown reasons has not been processed in accordance with our guidelines and has not been forwarded to the management of the project company or our management company. We will try to map out why and see if we need to adjust our procedure to minimise the risk of this happening again.
  • “We can only regret that the matter was not brought forward at the time.”

What has Frontier Energy done to address the issue and mitigate its consequences?

  • “As mentioned, our employees initially asked for specific information to be submitted so that we could assess the matter. Since this has not happened, we have tried and will continue to try to gather information through dialogue with the group and stakeholders in the local area.”

Is this the first time you’ve experienced this type of issue with one of your projects?

  • “There are many challenges associated with generating renewable energy in Africa. However, we have not previously had enquiries about similar issues in other projects.”
  • “That said, unwanted pregnancies at a young age and HIV infection in general is a major issue in many of the areas we work in. In the Kasese district, where the Nyamagasani project is located, approximately 30% of teenage girls become pregnant and a similar proportion never attend school (National Population Council). At Frontier Energy, we have for a long time focused on this issue, as well as on women’s rights more generally, when implementing our projects, as women are a highly vulnerable and oppressed group in the areas we work in.”
  • “We focus on this in relation to recruitment and employment conditions, but just as much in relation to the local population. In our projects, in addition to the project work itself, we always try to make a positive difference by working with the local community to improve their living conditions. This has led to the construction of dormitories for girls in local schools (so they don’t have to walk to and from school every day, a commute that in many places leads to unwanted teenage pregnancies), support for improved teaching in schools, training of birth assistants, support for female micro-entrepreneurs, better access to drinking water, etc. which are all part of the Community Development Action Plans that we always develop with the local population and use project funds to implement.”

One of the women we interviewed encourages Frontier Energy to offer work (or education) to the affected mothers so they can earn some money and better support themselves and their children. Is this something you would consider?

  • “As stated above, we unfortunately cannot comment on the specific case out of consideration for those who have contacted us. However, as mentioned, we are working on what we can do for the local population around our projects, including members of the local population who contact us through our complaint mechanism, and particularly vulnerable groups.”

Known risk

According to several human rights and business experts interviewed by Danwatch, the case of the 31 girls and women in Kyarumba is symptomatic of large infrastructure projects in Africa.

It is well known that large influxes of foreign – typically male – labour into small communities can lead to sexual violations, the spread of sexually transmitted diseases and unwanted pregnancies, explains Andrea Shemberg, an American-Italian human rights lawyer.

“Because these are sensitive issues – in some cultures more than others – they are not always brought to light and addressed. But all companies undertaking large infrastructure projects like this need to be aware of the risk of these types of human rights abuses. It has to be top of mind ,” says Andrea Shemberg.

According to the UN Guiding Principles on Business and Human Rights, Frontier Energy cannot excuse itself on the grounds that the men were employed by the subcontractor VS Hydro – and not Frontier Energy itself.

“All companies have a responsibility to respect human rights throughout their value chain. This means that they are also responsible for the behaviour of their subcontractors,” says Andrea Shemberg.

Elin Wrzoncki, Head of Human Rights and Business at the Danish Institute for Human Rights, confirms that companies must take responsibility for the type of problems described by the sources in Kyarumba:

“Social issues, including impacts on the sexual and reproductive rights of women and girls, related to the influx of migrant labour are certainly within the scope of a company’s responsibility,” she says.

In their email response to Danwatch, Frontier Energy acknowledges that as the majority shareholder of the Nyamagasani Hydro Power Project, they have a responsibility to the local population in Kyarumba.

The company also explains that they took a number of measures during the construction of the hydropower plants to prevent what the 31 single mothers have been subjected to.

Investment Director Anders Hauch writes in an email that Frontier Energy organised awareness campaigns about HIV and AIDS and the use of contraception for both the local community and employees of the companies that were responsible for the construction. The company also ensured that their contractors provided free condoms for their employees.

“However, it should be noted that our work with awareness campaigns and community dialogue was hampered by the very restrictive COVID-19 measures in Uganda for most of 2020 and 2021,” he writes.

Jessica Kabuhgo encourages Frontier Energy to offer jobs to the single mothers. Photo: Joel Kaguta / NTV Uganda

Appeal to Frontier Energy

The two hydropower plants that make up the Nyamagasani Hydro Power Project are currently in operation and supply power to the national grid in Uganda.

Jessica Kabuhgo hopes that Frontier Energy will help her get a job. She was 19 when she was impregnated by an employee at the Nyamagasani Hydro Power Project.

“He had a lot of money and would give me between 20 and 50,000 shillings. But after I got pregnant, I could no longer get in touch with him. He has left town and his phone number no longer works,” she says.

Today, she lives at home with her parents, who help her take care of her daughter.

“My message to the company is that they make sure that we women get a job or some education so that we have a chance to create our own lives,” she says.

Frontier Energy did not wish to comment on Jessica Kabuhgo’s proposal. The company reiterates that they “cannot comment on the specific case out of consideration for those who have contacted them”.

Meanwhile, city council chairman Ivan Bwambale is trying to help the single mothers and their families in the best possible way. Through the local bishop, he has recently donated a herd of piglets.

“We need help to keep the mothers out of trouble now that there are no fathers to take care of them,” he says.

Frontier Energy’s subcontractor VS Hydro has not responded to Danwatch’s inquiries

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