Environmental Quality Management

Chapter 2: Environmental legal and institutional framework

Environmental legislation
Uganda Legislation

• Uganda attained independence in 1962

• Did not have comprehensive environmental protection legislation
until late 1990s
• Constitution of 1995
• National Environment Act
• Water Statute, 1995
• Wildlife Statute, 1996
Environmental legislation…

Constitution, 1995

• Under the National Objectives and Directive Principle of State

Policy, the State has a mandatory duty to promote sustainable
development and public awareness of the need to manage land,
air and water resources in a balanced and sustainable manner for
the present and future generations
• The State also has a mandatory duty to protect important natural
resources, including land, water, wetlands, minerals, oil, fauna and
flora on behalf of the people of Uganda
• Every Ugandan has a right to a clean and healthy environment
inherent and guaranteed by the state
Environmental legislation…
Constitution, 1995…

Other important landmarks in the Constitution include:

• Involvement of people in the formulation and implementation of
development plans and programs that affect them
• Conservation of biodiversity and wetlands
• Enactment of laws to promote environmental awareness and
preserve the environment from abuse, pollution and degradation
• Allowance to the President or any other person authorized by him
to enter into any bilateral or multi-lateral agreement in respect of
any matter
• Empowers parliament to make laws to govern their ratification
Environmental legislation…

National Environment Act, Cap 153

• Law enacted to address the constraints and problems affecting

environmental management.
• Act created an enabling power, which allows for thorough and
holistic amendment to sectoral laws on environmental matters
• Act addresses all aspects of biological diversity conservation and
brings together all the sectoral environmental agencies involved in
the management of the environment under one forum to take
collective decisions on environmental matters
Environmental legislation…

National Environment Act, Cap 153…

• Provides for restrictions on the use of wetlands (Section 37) and

prescribes the penalty for default (Section 103)
• Empowers NEMA to set standards for the management of
wetlands and provides for guidelines and measures for the
conservation of biological resources both in situ and ex situ
• Provides other tools of environmental management, which had not
been employed before, e.g. the environmental impact assessment
(EIA)
• Imposes a mandatory duty on a project developer to have an EIA
conducted before embarking on the project
Environmental legislation…

National Environment Act, Cap 153…

• Provides for an environmental impact statement or an

environmental audit as tool for management
• Moves away from formative sanctions and promotes other
methods, including the ‘polluter pays’ principle and the issuance of
an environmental restoration order against an offender
• The need for environmental assessments and freedom of access
to any information relating to the Act or the environment is also
given legal recognition
• To promote public awareness as required by the Act (Section 7(1)
(g)), NEMA is legally required to produce the State of the
Environment Report biennially; districts are required to do so
annually
Environmental legislation…

National Environment Act, Cap 153…

• The Act empowers various categories of people and the general

public, e.g. it is a legal requirement to incorporate environmental
education into the school curriculum
• Since much of the population is illiterate, both the Act and the
Constitution call for general environmental awareness programs
• Statutory provisions define more specifically what information may
be granted to any citizen and the procedures for obtaining it
• The institutional design provides for the establishment of local and
district environment committees
Environmental legislation…

National Environment Act, Cap 153 - Statutory Instruments

• The Environmental Impact Assessment Regulation, 1998 under

section 107;
• The National Environment (Standards for Discharge of Effluent into
Water or on Land) Regulations, 1999 under section 26 and;
• The National Environment (Waste Management) Regulations, 1999
under sections 53(2) and 107;
• The National Environment (Minimum Standards For Management
Of Soil Quality) Regulations, 2001 under sections 30 and 107;
• The National Environment (Wetlands, River Banks And Lake
Shores Management) Regulations, 2000 under section 107;
Environmental legislation…

National Environment Act, Cap 153 - Statutory Instruments…

• The National Environment (Hilly And Mountainous Area

Management) Regulations, 2000 under section 107;
• The National Environment (Management Of Ozone Depleting
Substances And Products) Regulations 2001 under section 107;
• The National Environment (Noise Standards And Control)
Regulations, 2003 under sections 28 and 107;
• The National Environment (Certification and Professional Conduct
of Environmental Practitioners) Regulations, 2003 under section
107
Environmental legislation…

The Water Act, Cap 152

An Act to provide for the use, protection and management of

water resources and supply; to provide for the constitution of
water and sewerage authorities; and to facilitate the devolution of
water supply and sewerage undertakings.
Environmental legislation…

The Water Act, Cap 152 - Statutory Instruments

• The Water Resources Regulations, 1998 under section 107 of

the Water Act Cap 152;
• The Water (Waste Discharge) Regulations, 1998 under Section
107 of the Water Act, Cap 152;
• The National Environment (Delegation of Waste Discharge
Functions) Instrument, 1999 under sections 7(2), 27 and 35 of
the National Environment Act Cap 153
Environmental legislation…

Others:
• The Mining Act, 2003
• The National Forestry and Tree Planting Act, 2003
• The Uganda Wildlife Act, Cap 200
• The Plant Protection Act, Cap 31
• The Animal Breeding Act, 2001
• The Fish Act, Cap 197
• The Agricultural Seeds and Plant Act, Cap 28
• The Control of Agricultural Chemicals Act, Cap 29
• The Prohibition of the Burning of Grass Act, Cap 33
Regional conventions
Uganda is party to a number of regional conventions:

• Lake Victoria Fisheries Convention of 1994 – to regulate and

enhance fisheries on Lake Victoria
• Lake Victoria Environment Management Programme, 1994 –
management of the environment in the Lake Victoria region
• Kagera Basin Agreement of 1977 – to ensure that environmental
considerations are taken into account in development projects in
the Basin States of Uganda, Tanzania, Rwanda and Burundi
• Convention to Combat Desertification (CCD)
Regional conventions…

Uganda is party to a number of regional conventions:

• Technical Cooperation Committee for the Promotion of the

Development and Environmental Protection of the Nile Basin
(TECCONILE) including the Nile Basin Cooperation Framework
• Lusaka Agreement of 1996 on Cooperative Enforcement
Operations directed at Illegal Trade in Wild Fauna and Flora
• East African Co-operation Agreement – stresses the need for
sustainable environmental management in the region
Global conventions
• Convention on the Continental Shelf, (1958);
• Convention on Fishing and Conservation of the Living Resources
on the High Seas, (1958);
• Convention on the High Seas, (1958);
• Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer
Space and Under Water, (1963);
• Treaty of Principle Governing the Activities of States in the
Exploration and Use of Outer Space including the Moon and other
Celestial Bodies, (1967);
Global conventions…

• African Convention on the Conservation of Nature and Natural

Resources, (1968);
• Convention on Wetlands of International Importance Especially as
Waterfowl Habitat, (1971);
• Convention Concerning the Protection of the World Cultural and
Natural Heritage, (1972);
• Convention on the International Trade in Endangered Species of
Wild Fauna and Flora, (1973);
• Vienna Convention for the Protection of the Ozone Layer, (1987);
Global conventions…

• Montreal Protocol on Substances that Deplete the Ozone Layer,

(1987);
• Convention Concerning Safety in the Use of Asbestos, (1986);
• United Nations Framework Convention on Climate Change, (1992);
• Convention on Biological Diversity, (1992)
Policy Framework
The National Environment Management Policy, 1994

• Goal is "sustainable social and economic development which

maintains or enhances environmental quality and resource
productivity on a long-term basis, which meets the needs of the
present generations without compromising the ability of future
generations to meet their own needs”

• Policy sets out the objectives and principles of environmental

management and provides broad framework for harmonization of
sectoral and cross-sectoral policy objectives
Policy Framework…

The National Environment Management Policy, 1994

• Policy sets a benchmark for future monitoring and evaluation of the

country’s quest for sustainable development
• Creates new capacity-building needs in environmental planning,
information generation and dissemination, and the use of
environmental tools in managing the environment
Policy Framework…

National Policy for the Conservation and Management of Wetland

Resources

• Wetlands cover about 10% of Uganda’s total land surface and

provide use, ecological and hydrological functions
• The policy calls for: an end to the drainage of wetlands unless more
important environmental management requirements supersede;
Sustainable use to ensure that benefits of wetlands are maintained
for the foreseeable future; Environmental management including the
application of EIAs for all activities to be carried out in a wetland;
Equitable distribution of wetland benefits
• Management of wetlands falls under the Wetland Division, Ministry
of Water and Environment
Policy Framework…

Water Policy

• The Water Policy, the Water Action Plan, 1995, and the Water
Statute, 1995, now form a coherent framework for the
management, protection and use of the nation’s vital water
resources
• The overall Water Policy objective is "to manage and develop the
water resources of Uganda in an integrated and sustainable
manner, so as to secure and provide water of adequate quantity
and quality for all social and economic needs with the full
participation of all stakeholders so as not to leave the future
generations any worse off than ourselves”
Policy Framework…

Water Policy

• The policy introduces an integrated, multi-sectoral approach in

water resources management and emphasizes:
• Treating water as an economic, social and environmental good;
Relying on markets and pricing to determine water allocation
among various sectors and user groups; Involving the beneficiaries
and private sector in managing water at the lowest appropriate
level; Recognizing that water is a finite resource that contributes to
economic development and supports natural ecosystems
Policy Framework…

Water Policy

• For good neighbourliness and promotion of regional cooperation

for optimal resource use, the policy principles adhere to the
accepted principles of international law on the use of shared water
resources, without causing appreciable harm to other users
Institutional Framework
• NEMA is the principal agency in Uganda for the management of
the environment with particular mandate to coordinate, monitor and
supervise all activities in the field of the environment (Box 2.1)
• To impact on other institutions and the general public, and to
perform its functions, NEMA was elevated to one of the highest
positions of all public institutions in the country
• This enables it to have its concerns on environment voiced at high
levels of decision-making and policy formulation and give it the
necessary political clout
Institutional Framework…
Institutional Framework…

• The National Environment Act establishes a Policy Committee on

the Environment as the supreme organ of NEMA. It is composed of
11 cabinet ministers with room for increasing or changing the
number and the Prime Minister is its Chair
• The committee provides policy guidelines and formulates and
coordinates environmental policies for NEMA, in addition to liaising
with cabinet on issues affecting the environment
• It identifies obstacles to the implementation of environmental policy
and programmes and ensures their implementation
Institutional Framework…

• NEMA also has a board, which oversees the implementation and

successful operation of the national environment management
policy and functions of NEMA
• the Executive Director and the Chairman of the Board of NEMA are
ex-officio members on the Policy Committee on the Environment
• Figure 2.1 shows the institutional framework for environmental
management in Uganda
• NEMA is linked to lead agencies and to the local government
structure and the private and NGO sectors
Institutional Framework…

NEMA
Institutional Framework…

NEMA’s horizontal linkage with lead agencies

• When NEMA was established, there were other ministries,

departments and institutions that had their own legal mandate to
address specific environmental issues or to manage certain
resources
• These institutions were maintained except the Department of
Environment Protection (DEP)
• As a strategy, NEMA works in liaison with all the above ‘lead’
agencies (these could be ministries, departments, parastatal
bodies, local governments or public officers in which or whom any
law vests responsibilities for environmental management)
Institutional Framework…

NEMA’s horizontal linkage with lead agencies

• Lead agencies have the responsibility to develop internal capacity

to contribute to sustainable environmental management, collect
data and disseminate information, and promote environmental
education and public awareness in their respective sectors

• They also ensure effective enforcement, implementation,

compliance, and monitoring of laws, policies and activities within
their mandates
Institutional Framework…

NEMA’s horizontal linkage with lead agencies

• It is their responsibility to supervise within their legal and

administrative mandate the conduct of EIAs and set standards and
carry out inspection, coordination and communication between
each lead agency and NEMA and among the lead agencies is
strongly encouraged and is legally provided for in the National
Environment Management Act
Institutional Framework…

NEMA’s vertical linkage with local government

• In 1993, the government started to implement the decentralization

policy
• Within the Local Governments (Resistance Council) Statute, 1993,
guidelines and responsibilities for environmental management
were entrenched
• The District Council was charged with formulating, reviewing
development plans, solving local problems and making bye-laws. It
is serviced by the Health and Environment Committee
Institutional Framework…

NEMA’s vertical linkage with local government

• The council has direct communication link with the District Support
Coordination Unit within the office of Executive Director, NEMA
• NEMA is allowed under the law to provide guidelines for the
establishment of a District Environment Committee for each
district in consultation with the District Local Council
• Such committees are to ensure integration of environmental
concerns in plans and projects of the district, to formulate bye-
laws, to promote dissemination of environmental information, and
to prepare the state of the environment report annually
Institutional Framework…

NEMA’s linkage NGOs and private sector

• The Board of NEMA has two representatives from both the NGOs
and the private sector
• NEMA also has a direct link with them as it can be seen in Figure
2.1
• Unlike the Local Government structure which links to NEMA
through the District Council, it is more difficult and expensive to do
the same for NGOs and the private sector due to differences
within these sub-sectors
Institutional Framework…

NEMA’s linkage NGOs and private sector

To maximize cost effectiveness, NEMA has for a start, established

environmental liaison units (ELUs) in some of the umbrella
associations like Uganda Manufactures Association (UMA), Uganda
National Farmers Association (UNFA), Uganda Investment Authority
(UIA), and so on
Institutional Framework…

NEMA’s use of Technical Committees

• Realizing that some environmental issues need to be well studied

or consulted upon before policy decisions are taken or
implemented, NEMA is allowed to appoint technical committees as
necessary, to give advice on subjects relating to the environment

• The membership of these committees is composed of

representatives from government, private sector, NGOs and
academic institutions
Institutional Framework…

NEMA’s use of Technical Committees

• The structure of governance for environmental management is

intended to allow for quick flow of information, and to strengthen
the functions of coordination and monitoring for environmental
management
• It provides a framework for a bottom-up approach to both
environmental and national planning processes