Challenges in Ensuring Compliance with and Enforcement of Environmental Law in Uganda
By , Senior Legal Counsel, National Environment Management Authority, P.O. Box 22255 Kampala Uganda, 256-41-251064/5/8

In Uganda ’s environment sector, the National Environment Management Policy (NEMP) and sectoral policies as well as the 1995 Constitution, the National Environment Act (which is the framework environment legislation) and sectoral legislation provide the legal basis for management of the environment. These instruments set out policy statements, protect natural resources in public trust, create rights and obligations in respect of environmental management, and oblige compliance and enforcement of the law. In spite of this framework, there are still challenges as seen below.

Uganda’s population size, growth rate, structure and distribution are key factors governing environmental integrity. Over 90% of the population of approximately 26.7 million (with a population growth rate of 3.3%) depends directly on natural resources for their livelihoods.

Poverty presents special challenges. There is a high dependency of the poor on the environment and natural resource (ENR) sector. In addition, there is general lack of alternative livelihood opportunities for the poor.

Deforestation rates are worryingly high. Forest cover has dwindled from 12.5% of the total area of Uganda in 1900 to 3% in 1987. What is left as of 2001 is 4.9 million hectares. Only about 8% of the population have access to and use electricity. The rest mainly depend on fuelwood. It is estimated that 16 million tonnes of firewood are consumed per year as domestic firewood while 4 million tonnes are consumed as charcoal per year.

Soil erosion and land degradation are highly pronounced in the country, particularly in the hilly areas. The annual economic value of soil nutrient loss is estimated at U.S. $ 625 million. Recent estimates of costs of natural resource degradation in the country put the costs at 17 per cent of the gross domestic product, of which 11 per cent is constituted by soil degradation.

Wetlands occupy about 29,000 square kilometers or 13 per cent of the total area of the country. Wetlands are very important components of the environment with an estimated value of US$3.42 billion per year to the nation and US$11.4 million per year to the households. Despite these benefits, it is increasingly difficult to enforce the Regulations on conservation of wetlands due to massive encroachments.

Riverbanks and lakeshores are very fragile ecosystems and traverse water catchment areas. The enforcement of the regulations on riverbanks and lakeshore management requires continuous collaborative efforts between the National Environment Management Authority (NEMA) and other institutions due to the multiple issues involved.

Management of solid waste is very poor, especially in urban centres. In addition, management and disposal of non-biodegradable wastes (for instance, electronic wastes such as cell phone cards, batteries, scrap phones and their parts) is still a dilemma.

Uganda is well endowed with fresh water resources including rivers and lakes. The standards for the discharge of effluents into water or on land need to be applied to ensure compliance. However, the complaint from industrialists is that the said standards are too high.

There are mounting social and economic development pressures on the ENR sector and little investment in conservation and sustainable use. Other challenges include prosecution of environmental crimes, dealing with the poor compliance culture and stepping up enforcement.

Possible ways forward to address these problems include:

• Catalyze community action and acceptance of good environmental management.
• Provision of alternatives and valuing of natural resources to reflect their contribution to the economy and livelihoods.
• Political commitment to the management of the ENR sector and enforcement of environmental law.
• Awareness and training in natural resource management and environmental law enforcement.
• Investment in conservation of the environment and effective compliance and enforcement regimes.

Uganda’s sectoral policies include the Wetlands Policy 1994, Wildlife Policy 1996, Fisheries Policy 2000, Forest Policy 2001, and the National Energy Policy 2000, among others. Uganda’s sectoral legislation includes the National Forestry and Tree Planting Act 2003, Uganda Wildlife Act Cap 200, and the Land Act Cap 227, including subsidiary legislation under the respective Acts. For more information, please see UNDP Uganda Human Development Report (2005); Uganda National State of Environment Report (2004/5).