THE NON-STATE CLIMATE CHANGE ACTORS’

PROPOSALS TO THE UGANDA NATIONAL ENVIRONMENT BILL, 2017

THE NON-STATE CLIMATE CHANGE ACTORS
Presentation to the Parliamentary Committee on Environment and Natural Resource
Date: 7th March 2018
Venue: Committee Room 402B, Time: 2:30pm

INTRODUCTION
We, the undersigned civil society organizations, under the coordination of Climate Action Network Uganda – (CAN-U), applaud the Parliament
of the Republic of Uganda for involving the people in the amendment of the National Environment Act. In the same vein, we thank this
Committee (Natural Resources) for giving us the opportunity to submit on our views on the said Bill.
We take cognizance of the fact that while environmental legislation in Uganda is wide and expansive, covering numerous aspects of the
environment, there is still need for a more robust legal regime and enforcement mechanisms.
As CAN-U, we are very impressed by the inclusion in the bill aspects on climate change. The bill acknowledges the fact that climate change is a
big threat to humanity and other forms of life. The bill’s focus on climate change can, however, be made better by:
a) Expanding the definition of climate change beyond the anthropogenic (human induced) to encompass naturally-occurring climate changes
whose consequences are equally devastating;

b) Improving access to environmental information and data by citizens and policy makers;

c) Recognizing that pollution contributes to green gas emissions which complicate national efforts to meet national (Green House
Gasses)GHGs emission reduction goals.

We studied and reflected on the Bill carefully through a consultative process involving several CSOs working under CAN U and have generated
the following concerns and proposals which we gladly bring to the attention of the Committee:
 Issues or Concern Proposed Reform Justification

Clause
Section 3 S. 3 on the right to a decent We recommend that the word “Uganda”
environment. be deleted as it is narrow and leaves out
foreigners living in or visiting Uganda who
are equal players in environmental
protection and are also entitled to a
decent environment as human beings.
This is crucial given that the right to a clean
and healthy environment is a human right
expressly recognized by the constitution
which authorities and all persons are
required to respect, protect and promote.

We recommend that we change Clause 2 And the obligations ought to be framed in

to read “Every person and state agency,
organ or authority has a duty to respect,
protect and promote a clean and healthy
environment, including the duty to prevent
pollution.”
proper human rights language to encourage
a human rights approach to environmental
protection as required by the Constitution.

Sections 61 & 62 S.61& 62

Uganda’s genetic resources.
Section 65 S.65
Management of Rangelands
FOR AMENDMENT
Section 68
S. 68 on Climate Change
Impacts on ecosystems
We recommend that these sections are We realize that matters of GMO are
deleted from the Environment Bill and currently controversial and its inclusion in
issues of genetic resources are solely this bill could bring that controversy into it
handled by the Biosafety Bill. and stall progress towards a speedy
conclusion.
We recommend that the Bill should The Authority issuing the guidelines should
clearly specify the Lead Agency to avoid be that mandated by law and policy to
misinterpretation and conflict in the conduct specific actions.
Management of rangelands in Uganda.
a) Make Lead Agency’s consultation The climate change is an environmental
with the authority compulsory, not issue, hence the authority should have a
optional. broader perspective of the environment.

The authority’s mandate would not be

adequate without focusing on such
b) S. 68(2)(b) add “liaise and with civil important aspects the promotion of which

Section (68.1.a)
Section 68.1.c FOR INTRODUCTION
Section 68.1.d FOR INTRODUCTION
Section 68.2.b Physical infrastructure is
needed to visualize and
integrate data through an
accessible, integrate database.
Section 109(2)(b) Environmental and social
impact assessments
society” as a key partner . is the primary focus of any environment or
development policy.
The role of civil society in promoting the
c) We applaud the climate change environment and focusing attention on
provisions as they raise the ambition climate change issues are crucial.
to meet the national and global
emission goals. Important in meeting national
commitments.
We recommend that the bill includes a We have observed that it is difficult to
process to undertake livelihood zoning so measure an impact unless you have baseline
that socio-economic impact can be information. Such baseline information will,
monitored, measured, addressed and therefore, go a long way in providing the
equitably shared. basis for measuring impact.
We recommend that we add clause
68.1.c to read “Collect, collate, and
maintain livelihoods measurement in
order to understand and report
environmental and climate change
impacts on society and the economy.”
We recommend that we add clause (d)
to read that “Address the impact of
climate change on life, health, food and
associated rights”
We recommend that the bill introduces a An integrated database will allow
process to establish an integrated policymakers to clearly understand and
database that can be used by policy visualize the impact across an ecosystem;
makers and decision makers to clearly for example, the Integrated Database for
understand and visualize the impact African Policy Makers- Uganda (IDAPS-U)
across the eco-system.
We recommend that we amend We cannot ignore relevant precedents and
S. 109(2) (b) to add “…..or, elsewhere.” developments elsewhere because factors
that destroy the environment elsewhere
 might apply to Uganda

Section 2 Interpretation of climate Widen to include aspect of naturally Need for an accurate and comprehensive
change. occurring climate change. definition.

Section 23(2) Environment Protection Force We recommend that we amend Section We have observed that this will address
23(2) to make the Inspector General of concerns about the proliferation of security
Police appoint the environment agencies in Uganda.
protection force in consultation with the
minister. It should read: “The….appointed
by the Inspector General of Police in
consultation with the Minister.”

Section 23(4) Environment Protection Force We recommend that we revise Section
23(4) to ensure that the function of
making the statutory instrument
regulating the Environment Protection
Force is performed by the Ministry of
Internal Affairs under which the Police
Force falls. It should read:
We are observant that the Police Force falls
under the Internal Affairs Ministry docket;
therefore, the Ministry of Internal Affairs
should have the control and management of
the affairs of the Environment Protection
Police.

“The Ministry of Internal Affairs may, by

statutory instrument…”

Section 25(1),(2)&(3) Local Environment
Committees
We recommend that we vary the reading The civil society, private sector and
of Sections 25(1), (2) & (3) to include academia are key players in environmental
representatives of civil society, private management, knowledge generation,
sector and academia. protection, awareness creation, and
resource mobilization.

They are entitled to have their voices heard

and their perspective allowed to enrich
such committees.
Section 44 (c) 44.c should take into account
village, parish and sub-county
environment action plans
Section 46 (2) Impacts on human health and
the environment
Section 48.2.d The impact on people is not
taken into account.
We recommend that this sub-section Planning and monitoring cannot be done
should be revised to read “…. including without a baseline and a good
livelihoods reporting and environment actions comprehension of trends against which
plans” success can be monitored and measured.
We propose that we add a comment on The interaction between human activity and
impacts on human health, livelihood and the environment needs to be better
the environment understood, including the consequences on
peoples’ livelihoods.
We recommend that the bill ensures that
there is a systems-based approach to
environmental management reference
before making decisions.

Sections 61 & 62. Genetic resources We recommend that we delete Sections
61 & 62 from the Bill. If deletion fails,
then, enact strong safeguards to protect
the identity, culture and uniqueness of
Uganda’s genetic resources. A clear,
unambiguous definition of genetic
resources may also be provided
As already stated above, these sections
cover aspects that are best dealt with under
the Biosafety Bill. It is acknowledged that
the GMO issue is so sensitive and
controversial that it might derail the
progress of this Bill.

Section 109 Programmes and Projects are
“done, finished and forgotten
about”
Section 110.3 Quality is not addressed.
Integrate and build on information There is a need to move away from a
coming from different projects and piecemeal approach toward project data
programmes, so that the complete archival.
picture can be developed. The authority
should archive assessments undertaken
to ensure that project data can be
accessed for review (links to 111:
integration of information and sharing).
We recommend that we use the same
approaches across all environmental
 projects and programmes so that a
suitable baseline is maintained.

Section 148(2) Environmental Tribunal We recommend that we vary Section
148(2) so that remuneration of the
Environmental Tribunal is determined by
the Public Service Commission instead of
the Minister.
We base our argument on the fact that the
Tribunal is an adjudicative structure. So, it
cannot be subjected to political jurisdiction
by the Minister because this may undermine
its independence.

Vary and add a subsection to Section Helps in their independence and impartiality
153 to make certain that notices of any which are paramount in dispute resolution.
meeting must be made to all members of
the Environmental Tribunal The Minister is among the people whose
decisions the Tribunal will be reviewing.

Forestall the situation where some favorite

or handpicked three tribunal members
constitute a quorum and decide some
matters to the deliberate exclusion of the
others.

Section 150 Jurisdiction of Tribunal. We recommend that the jurisdiction of We are of the view that degradation by
the Tribunal should incorporate the private persons and corporations should be
liability of private actors made actionable before the Tribunal.

Section 153(9) Privileges of witnesses before
the Environment Tribunal
Section 160 Immunity to officials
We recommend that the bill be revised We have observed that some environment
to add appropriate witness protection in degradation culprits are very big and
deserving or sensitive cases. potentially dangerous, and therefore,
witnesses and whistleblowers should be
protected from potential harm.
We recommend that prosecution or We are concerned that such blanket
other legal proceedings are made immunity as suggested in the Bill will
possible against members of the Policy escalate non-compliance and impunity by
Committee on Environment, the the Executives and staff involved in
Executive Director, members of the environment management. Individuals
 Board, an environmental Inspector, an should be liable for their actions.
authorized officer, an analyst or officer or
member of staff of the Authority in their
personal capacity.

We recommend that the Bill limits

immunity to members of the Tribunal.

Section 164 (3) FOR DELETION We recommend that 164 (3) which
reads…For the avoidance of doubt, the right
to access to
environmental information under subsection
(1) shall not extend to Proprietary or
confidential information be deleted from
the Bill
We observe that clause 164 (3)
contravenes the Access to Information Act
and it is possible that individuals may take
advantage to conceal vital information from
the public

Section 80(1) Technical committee We recommend that the appointees We take note of the fact that that expertise
should have proven expertise and and experience are what render people
experience technical. Therefore, the bill should
emphasize them.

Section 80(3)(c) Other board functions The word is “perform”- we recommend This is a spelling issue
that the text be changed from “Preform”
to “perform”

Conclusion

Once again, we thank the Committee for giving us this valuable time to present our views. It is our prayer that the Committee will
take seriously the concerns we have raised and the proposals we have advanced as we strive together to improve environmental
legislation and the overall national effort against environmental degradation and climate change in Uganda.

For further information kindly contact:

On Line-www.can.ug; can@can.ug, mtalwisa@yahoo.com
Phone: +256-464-660 273, +256-781-591814, +256-774492372
 Endorsers and Supporters:

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