A REVIEW OF LEGAL, POLICY AND STRATEGIC FRAMEWORK FOR COMMUNITY

PARTICIPATION IN ENVIRONMENTAL MANAGEMENT IN UGANDA

BY

CAXTON GITONGA KAUA

Caxtonk2008@yahoo.com

WANGARI MAATHAI INSTITUTE FOR PEACE AND ENVIRONMENTAL STUDIES

A REVIEW OF LEGAL, POLICY AND STRATEGIC FRAMEWORK FOR COMMUNITY

PARTICIPATION IN ENVIRONMENTAL MANAGEMENT IN UGANDA

There are various laws, policies and strategic plans that are geared towards providing n

enabling environment for peoples’ participation in environmental management in Uganda.

This paper reviews the various laws, policies and strategies geared towards this.

The national constitution of Uganda

The national constitution of Uganda, in objective xxvii, provides for the sustainable

utilization of Ugandas natural resources. It also empowers the state including the local

governments to ensure the conservation of national resources and protection of Ugandas’

biodiversity. In article 245 it empowers parliament to make laws for inter alia the

sustainable management of the environment. Article 237 enjoins parliament to make laws

empowering the local and national governments to protect and hold in trust for the people

of Uganda the national parks, game reserves, forest reserves and any other area to be

preserved for ecological and touristic purposes for their common good.

The constitution advocates for the right to development and recognizes the role of all

people in the development process. In doing this it also calls for balanced and equitable

development and for the protection of natural resources. The constitution also aims at the

achievement of food and nutrition security and access to clean and safe water. The

constitution confers on all Ugandan the right to a healthy and safe environment.

The constitution also provides for the formation of local government and the

decentralization of authority. It promotes the protection and preservation of the

environment, its management for attainment of sustainable development and calls for

environmental awareness creation. The constitution also addresses the plight of women

by according them full and equal dignity as men. It mandates the state to provide facilities

meant to enable women to realize their full potential and advancement.

The national environment management policy, 1995

This policy sets out the overall policy goals, objectives and principles for environmental

management in Uganda. The overall goal of the policy is sustainable social and economic

development which maintains or enhances environmental quality and resource

productivity on a longterm basis.

This is in a manner that meets the needs of the present generations without compromising

the ability of future generations to also meet their own needs. The policy allows for the

formulation of sectoral or lower level policies concerning the environment and natural

resource management.

One of its principles states that effective involvement of women and youth in natural

resource policy formulation, planning, decision making, management and program

implementation is essential and should be encouraged. It provides for the integration of

gender concerns in environmental policy formulation, planning, decision making and

implementation at all levels to ensure sustainable socioeconomic development that meets

the needs of the present and future generations.

The national environmental statute, 1995

The statute provides for the sustainable management of the environment. It provides for

the sustainable use of biodiversity and the environment. The statute encourages the

maximum participation of the people of Uganda in issues related to the management of

the environment. It makes very deliberate provisions for community participation in

reforestation and afforestation activities and charges local communities with the duty of

public participation by encouraging voluntary self-help to plant trees.

The statute protects the traditional uses of forests that are indispensable to the local

communities and are compatible with the principle of sustainable development. The

statute also provides for the establishment of the national environment management

authority which is empowered to issue guidelines for conservation. It also provides for

environmental regulation through inter alia environmental impact assessment,

environmental audit and environmental monitoring.

The national environment act

The act provides for the sustainable management of the environment. It also provides for

establishment of an authority to act as a coordinator, monitor and supervisory body for

that purpose and for other related matters. The authority established under the act will

ensure that environmental management principles are observed. These principles include

encouraging maximum participation of people in the development of policies, plans and

processes for the management of the environment and the equitable use of the Uganda

natural resources.

It also has principles geared towards conserving of the cultural heritage and the

environment and natural resources of Uganda sustainably, to reclaim lost parts of the

ecosystems where possible and revers degradation of natural resources and to ensure

that environmental awareness creation is treated as an integral part of education at all

levels. It also has a principle to promote international cooperation between Uganda and

other states in the field of environment.

The Uganda climate change policy, 2012

This policy ensures a harmonized and coordinated approach towards a climate resilient

and low carbon path for sustainable development in Uganda. The overarching objective

of the policy is to ensure that all stakeholders address climate change impacts and their

causes through appropriate measures while promoting sustainable development and a

greener economy.

The policy has a number of specific objectives meant to support achievement of the

overarching objective. These include identification and promotion of: common policy

priorities to address climate change, adoption of policy responses, mitigation policy

responses and a monitoring, detection and prediction policy for Uganda. More so to

support the integration of climate change issues into planning, decision making and

investments for all sectors through appropriate institutional arrangements. The key

principles of the policy include communicating effectively and promoting participatory

approaches. There is the promotion of community based approaches to adaptation

The national water policy, 1999

This policy was adopted in 1999 and provides the overall policy framework for the water

sector. The policy promotes the principles of integrated water resources management as

a means of ensuring sustainable management and utilization of Uganda water resources.

The policy also recognizes water as both a social and economic good whose allocation

should give first priority to domestic water use. The principle is based on the principle of

some for all rather than all for some adopted from the 1990 New Delhi statement. It

emphasizes operation and maintenance as an integral part of all water and sanitation

programs and projects in order to ensure longterm sustainability. The policy also supports

the water resources management strategy contained in the water action plan.

The policy recognizes the importance of gender and states that women involvement in

design, construction and maintenance of water supply and sanitation should be supported

through training. It provides for the participation of women by specifying that women and

men should have an equal opportunity to participate fully in all aspects of community

based management. It emphasizes for a 50% representation of women in water user

committees in community based management systems.

The water act, 1995

This act provides the legal framework for use, protection and management of water

resources and supply. The water act, enacted in 1995, is the principle law for the water

sector and incorporates legislation for both the water resources management and water

supply and sanitation.

The act is a modern water law in that it is flexible allowing for changes to the regulations

as conditions change over time. It provides for delegation of powers and broad exceptions

from regulation. It provides for devolution of water supply and sewerage activities. The

basic foundation of the acts provisions is the balance between protecting the environment

and ensuring availability of water in sufficient quality and quantity to the population.

The water and sanitation subsector gender strategy (2010-2015)

It aims to empower women, men and the vulnerable groups by ensuring equity in access

and control of resources in the water and sanitation sector in order to reduce poverty.

This is to be done through integration of a gender perspective in the water and sanitation

policies and developing guidelines to operationalize gender in program planning,

implementation, monitoring and evaluation.

It aims at enhancing the capacity of the water and sanitation stakeholders for gender

mainstreaming, improving opportunities for men, men and the disadvantaged groups to

access water and sanitation facilities and to participate in their management. It also aims

at strengthening the collection, analysis, documentation and dissemination of gender

related information for enhancing the visibility of gender issues and achievements in the

sector. It also provides for promotion and building of partnerships with other institutions

for effective strategy implementation.

The water statute, 1995

It forms the basis of the water policy. It provides the framework for the use, protection and

management of water resources and supply. It guides the constitution of water and

sewerage authorities and facilitation of devolution of water supply and sewerage

activities. One of its guiding principles is to recognize the role women play in the provision

and maintenance of water.

The water action plan

The key strategy elements of the water action plan support an enabling environment for

water resources management. They guide institutional development and improvement of

planning and implementation capacity. They also prioritize water allocation and use.

The national wetlands policy, 1995

The policy aims at promoting the conservation of Ugandas’ wetlands in order to sustain

their ecological, social and economic functions for the present and future generations. It

aims at curtailing the rampant loss in wetland resources and ensures that the benefits of

wetlands are sustainable and equitably distributed to all the people of Uganda.

It thus calls for sustainable wetland use, environmentally sound wetland management

and equitable distribution of benefits. It calls for the application of environmental impact

assessment for all activities done on wetlands.

The policy sets five goals including establishing practices that reduce wetland

productivity, maintain wetland values and functions and integration of wetland concerns

into planning and decision making of other sectors. The three principles in pursuit of these

goals include that wetlands form an integral part of the environment and their

management must be pursued in the context of an interaction between conservation and

national development activities. Secondly that wetland conservation can only be attained

through an integrated approach and lastly that it is important to change the current

attitudes and perceptions of Ugandas’ wetlands

The national environment (wetlands, riverbanks and lakeshores management)

regulations, 2001

These regulations were created under section 8 of the environment statute. The principal

aim of the regulations is to ensure that wetland resources, river banks and lakeshores are

managed and utilized in a sustainable manner.

The Nile Basin cooperative framework agreement

It sets the guidelines for the Nile basin initiative. This initiative was launched by the Nile

council of ministers in 1999 recognizing the development challenges of the Nile basin. It

is an initiative of the Nile basin states. Through dialogue and negotiations at the highest

level, the Nile basin countries have agreed on a shared vision to achieve sustainable

socioeconomic development through equitable utilization of benefits emanating from the

common Nile water resources.

The environmental health policy, 2005

It is the national framework for provision of services and management of programs in the

health sector related to environment. One of its guiding principles is that interventions

should respond to the different needs of men, women and children while recognizing that

women are the main users of water and sanitation facilities. It further recognizes that good

sanitation is essential for improving women dignity and provides opportunities for women

to play a leading role in ensuring its achievement.

The environmental impact assessment regulations, 1998

These demand developers to undertake an EIA in development projects. They provide

for public participation in the EIA process.

The land act, 1998

The act provides for security of occupancy in a piece of land. It also provides for spousal

consent with respect to disposal of registered land on which a family depends on for a

livelihood. The act provides for different forms of land tenure including freehold, mailoland

and customary tenure.

The act obliges an occupier of a piece of land to utilize it in an environmentally sound way

and in accordance with the relevant laws. This reinforces other environmental

management laws.

The national biodiversity strategy and action plan, 2002

The national biodiversity strategy and action plan is the guiding framework for the

management of biodiversity and implementation of the convention on biological diversity

in Uganda. It overall vision is to maintain a rich biodiversity benefiting the present and

future generations for national development.

The action plan is guided by various key principles including that it is the responsibility of

every person in Uganda to fully participate and contribute to the conservation and wise

use of biodiversity. It also recognizes that a community based approach to natural

resource management is vital to successful conservation of biodiversity since it ensures

resource ownership.

The sharing of costs and benefits of biodiversity is noted as being vital for successful

conservation and wise use of biodiversity resources. Contribution between stakeholders

at all levels is recognized as being critical. It directs that decision making in planning for

biodiversity resources to be participatory. The importance of traditional and indigenous

technologies for biodiversity management is also upheld

Its overall goal is to enhance biodiversity conservation management, sustainable

utilization and equitable sharing of benefits arising from the utilization of biodiversity at all

levels. This overall objective is in turn supported by various specific objectives including

to develop and strengthen coordination of measures and frameworks for biodiversity

management, enhance awareness on biodiversity among all stakeholders, manage the

negative impacts on biodiversity, promote sustainable use and equitable sharing of

biodiversity and also to facilitate research and encourage information sharing and

exchange

The national forestry and tree planting act, 2003

It is an act that provides for the conservation, sustainable management and development

of forests for the benefit of the Ugandan people. It provides for declaration of forest

reserves for the purpose of protection and production of forests and forest produce. It

provides for sustainable use of forest resources and for the enhancement of the

productive capacity of forests. It also provides for the promotion of the tree planting.

The act consolidates the laws relating to the forest sector and trade in forest produce. It

sets the stage for the establishment of the national forestry authority.

The forest act, cap 246

The act provides among other things for the protection of forests through the creation of

forest reserves in which human activity is strictly controlled. The act is not a modern forest

law in that it does not provide for community participation.

The Uganda forest policy, 2011

The act lays emphasis on collaborative partnership with rural communities for sustainable

forest management. It seeks to promote innovative approaches for community

participation in forest management on both government and private forest land. It guides

the forest sector to integrate gender and equity in forest development, take into

consideration cultural and traditional attributes and institutions and also encourages the

role of CBOs and NGOs in forest management.

The national environment (Hilly and mountainous areas management) regulations

2000

These regulations provide for the participation of communities in environmental

management. The regulations give guidelines and measures relating among other things

to appropriate farming methods in hilly and mountainous areas. The regulations facilitate

sustainable utilization and conservation of resources in mountainous and hilly areas by

and for the benefit of the people and communities living in the area. The local

environmental committees are supposed to ensure that these guidelines are complied

with.

The wildlife statute, 1996

The statute repealed the national parks act cap 227 and game (preservation and control)

act cap 226. It gives a wider definition of wildlife as compared to the old legislations by

including plants. It provides for the protection of an area of local or national importance

because of its biological and natural heritage. It opens the arena of conservation to the

private sector by allowing the executive director of Ugandas’ wildlife authority to enter into

any suitable commercial or collaborative arrangement with any person for the

management of protected areas, to provide services there in and manage a species or

class of species of animals or plants.

Section 70(a) of the statute introduces the concept of benefit sharing with the local

communities surrounding wildlife areas. It allows for communities to own and have an

interest in protecting wildlife. Participation of local communities is guaranteed by the

requirement that a third of the Uganda wildlife authority board members should be local

community representatives. The act directs that where a minister needs to declare an

area as a wildlife conservation area the he or she must consult with the local communities

in the said affected area.

The plant protection act, 1964

The act provides for the prevention of introduction and spread of disease destructive to

plants and not necessarily for food and agriculture

The prohibition of burning of grass decree, 1974

It prohibits the burning of grass a common and often environmentally harmful practice

among farmers and pastoralists

The National agricultural advisory services (NAADS) act

The act provides for the formation of an organization known as The National agricultural

advisory services (NAADS), its composition, functions and administration. The national

agricultural advisory service program is an innovative public-private extension service

delivery approach with the goal of increasing market oriented agricultural production by

empowering farmers to demand and control agricultural advisory services.

The act mandates the agricultural advisory body to develop a demand driven and farmer

led agricultural service delivery system targeting the poor subsistence farmers

The Uganda national agricultural research policy, 2003

The mission of this policy is the generation and dissemination of appropriate safe and

cost effective technologies while enhancing the natural resource base. It states that the

countrys’ agricultural policy will be coined and put to priority with the participation of

stakeholders so as to ensure that the countries strategic, basic and adaptive research

interests are addressed.

The plan for the modernization of agriculture, 2000

This is a multisectoral framework geared towards moving Ugandas’ agriculture from a

subsistence level to a modern market oriented one. Its vision calls for effective utilization

of resources such as land, water and forests in a sustainable manner to that end. Its fourth

objective promotes sustainable use and management of natural resources by developing

a land use management policy and promotion of environmentally friendly technologies.

The plan calls for the participation of all men and women at all levels and the orientation

of all institutions to be gender responsive. The plan is also a strategic and operational

framework for poverty reduction.

The fish act, cap 197

The act makes provisions for the control of fishing, the conservation of fish, the purchase,

sale, marketing and processing of fish and matters connected thee with. It set the statage

for the formulation and implementation of the fish aquaculture rules, 2003 which guide

fisheries activities in Uganda.

Uganda energy policy, 2002

It aims to meet the energy needs for Uganda population for social and economic

development in an environmentally sustainable manner. Its objectives are to establish the

availability, potential and demand of various energy sources in the country and to

increase access to modern affordable and reliable energy sources as a contribution to

poverty eradication.

It also aims to improve energy governance, stimulate economic development and

manage energy related environmental impacts.

Renewable energy policy, 2007

It aims at providing a framework for increasing in significant proportions the contribution

of renewable energy in Ugandas’ energy mix from 4% in 2007 to 61% in 2017. This is by

among other things providing tax incentives on renewable energy technologies.

The policy spells out the governments’ commitments to the development and use of

renewable energy resources for both the small and large scale applications. It provides

for the creation of a renewable energy department. It also aims to promote the growing

of bioenergy crops, development of an appropriate legislation for biofuel production and

publish a standard power purchase agreement.

The electricity act, 1999

The act sets the legal basis for the electricity industry restructuring including the

establishment of an electricity regulatory authority.

The Uganda gender policy, 2007

It aims to establish a clear framework for identification, implementation and coordination

of interventions designed to achieve women empowerment in Uganda. The policy

requires ministries to translate it into sector specific strategies and activities, build

capacity, monitor and evaluate and commit resources for the implementation of these

activities among others.

The national development plan

This was the overall national planning framework. It sought to achieve the six national

objectives of uplifting household living standards, enhancing the quality and availability of

gainful employment, improvement of socioeconomic and trade infrastructure framework

countrywide, developing efficient innovative and internationally competitive industries,

developing and optimally exploiting the national resource base and ensuring economic

sustainability and lastly strengthening good governance and improving human security.

The Uganda Vision 2040

This is the development blueprint of Uganda up to the year 2040. It seeks to address the

development constraints of Uganda. Achievement of sustainable equitable development

is one of its principles. Other principles include good governance and balanced

development. Its main aim is to catapult Uganda into a middle income country by the year

2040.

The vision also envisages to attain gender equity and women empowerment for

socioeconomic transformation, sustainable utilization of natural resources and

environmental conservation. It also fosters participation in natural resource management.

The vison also aims to address climate change through the development of appropriate

adaptation and mitigation strategies.

On governance, the vision 2040 aspires to attain constitutional democracy, protection of

human rights, promotion of the rule of law, transparency and accountability. The vision

2040 provides for inclusiveness in its planning, implementation, monitoring and reporting.

This so as to ensure harmonized implementation thus development

The poverty eradication action plan

The plan is Ugandas’ comprehensive development framework which adopts a

multisectoral approach in recognition of the multisector nature of poverty. Its priority areas

include water and agricultural transformation

The decentralization statute, 1993

It is the legal framework for decentralization or devolution of power to the district and

lower levels of government. It provides for the establishment of district environmental

committees as a functional committee of the district council and provides for the

appointment of a district forest officer, a district environment officer and a district wetland

officer in every district.

The local government act, 1997

The act gives effect to the devolution of functions, powers and powers of all levels of local

government to enhance good governance and democratic participation and control of

decision making authority by the people. The law also provides revenue, political and

administration set up of the local governments as well as election of local councils. The

powers provided to the local councils include local level policy making, regulating delivery

of services and formulation of development plans based on locally determined priorities

among others.

The local government structure provided by the local councils provide an ideal structure

for the involvement of people in decision making. Being closer to the people they are used

by the authorities to help conserve the environment. The act therefore provides a

mechanism for popular participation in the conservation of natural resources

The act provides for the decentralization of the environmental services and also provides

for the establishment of the district environmental committees and other lower level

environmental committees. These committees are to be charged with the observance of

all activities that may an impact on the environment