4 Analysis of the Legal Regime
This part makes a critical analysis of the available laws including the National
Environment Act (NEA),
78 Land Act, and Regulations, Forestry Act Petroleum
Supply Act 2003, Petroleum (Exploration, Development and Production) Act 2013,
(PEDP) and the Petroleum (Refining, Conversion, Transmission and Midstream
Storage) Act, 2013, (PRCTMS). Policies include; Uganda National Environment
Management policy (NEMP) (1994), The National Policy for the Conservation and
Management of Wetland Resources (1995),National Water Policy (1999), National
Oil and Gas Policy,
79 and Energy Policy of Uganda.
4.1 Laws
4.1.1 1995 Constitution
The 1995 Constitution states inter alia every Ugandan has a right to a clean and
healthy environment.
80
Section 44(1) of the Land Act reiterates Article 237(2)(b) of the Constitution that
provides that Government or a local government shall hold in trust for the people and
protect natural lakes, rivers, wetlands, forest reserves, game reserves, national parks
and any land to be reserved for ecological and touristic purposes for the common
good of all citizens.
The constitution further explicitly enumerates that every person has a right to own
property either individually or in association with others.
81
Whereas government is authorized to acquire land for public interest,
82 the same
constitution states that prompt payment and adequate compensation prior to the
taking of possession or acquisition of property.
83 Therefore with this provision, a
person’s right to land is protected from derogation of any nature more so dispossession without adequate compensation.
Consequently, reports have emanated where government officials have attempted
to disposes people of their land without adequate compensation.
One Youth leader stated that “Whereas government can acquire our land for
projects in public interest, we are entitled to prior, adequate and timely compensation
78 The National Environmental Act, Cap 153 of 1995.
79 National Oil and Gas Policy for Uganda, NOGP (2008).
80 Article 39 of the 1995 Constitution.
81 Article 26 (1) of the 1995 Constitution.
82 Article 26(2)(a).
83 Article 26(2)(b)(i).
90
W. Kassim
This part makes a critical analysis of the available laws including the National
Environment Act (NEA),
78 Land Act, and Regulations, Forestry Act Petroleum
Supply Act 2003, Petroleum (Exploration, Development and Production) Act 2013,
(PEDP) and the Petroleum (Refining, Conversion, Transmission and Midstream
Storage) Act, 2013, (PRCTMS). Policies include; Uganda National Environment
Management policy (NEMP) (1994), The National Policy for the Conservation and
Management of Wetland Resources (1995),National Water Policy (1999), National
Oil and Gas Policy,
79 and Energy Policy of Uganda.
4.1 Laws
4.1.1 1995 Constitution
The 1995 Constitution states inter alia every Ugandan has a right to a clean and
healthy environment.
80
Section 44(1) of the Land Act reiterates Article 237(2)(b) of the Constitution that
provides that Government or a local government shall hold in trust for the people and
protect natural lakes, rivers, wetlands, forest reserves, game reserves, national parks
and any land to be reserved for ecological and touristic purposes for the common
good of all citizens.
The constitution further explicitly enumerates that every person has a right to own
property either individually or in association with others.
81
Whereas government is authorized to acquire land for public interest,
82 the same
constitution states that prompt payment and adequate compensation prior to the
taking of possession or acquisition of property.
83 Therefore with this provision, a
person’s right to land is protected from derogation of any nature more so dispossession without adequate compensation.
Consequently, reports have emanated where government officials have attempted
to disposes people of their land without adequate compensation.
One Youth leader stated that “Whereas government can acquire our land for
projects in public interest, we are entitled to prior, adequate and timely compensation
78 The National Environmental Act, Cap 153 of 1995.
79 National Oil and Gas Policy for Uganda, NOGP (2008).
80 Article 39 of the 1995 Constitution.
81 Article 26 (1) of the 1995 Constitution.
82 Article 26(2)(a).
83 Article 26(2)(b)(i).
90
W. Kassim