as enshrined in the constitution. If oil companies do not respect our rights, we shall
seek legal redress” said Gilbert Tibasiima the district youth counselor.
84
Around January 2018 the lands Minister disclosed to residents that compensation
for an acre of land in Kasinyi village one of the Albertine areas will be at 3.5
million
85 (approximately USD 821) whilst residents are claiming a compensation of
10 to 60 million per acre
86 (USD2740-16,429) which is at least fair compensation.
Monetary compensation in regards to issues of land are secondary but the primary
aspect is that people attach their whole lives to land and once its lost then ones
livelihood is at stake. Aldo L. states that “it is inconceivable to me that an ethical
relation to land can exist without love, respect, and admiration for land, and a high
regard for its value. By value, I of course mean something far broader than mere
economic value; I mean value in the philosophical sense.”
87
Therefore disregard of the constitutional provisions is not merely breach but also
dislodgement of an important asset for human sustenance thus its paramount that
compensation be adequate for anything is right when it tends to preserve the
integrity, stability and beauty of the biotic community. It is wrong when it tends
otherwise.
88
4.1.2 1995 National Environment and Management (NEA) Act
89
The National Environment Act provides for sustainable management of the environment and also establishes an environmental watchdog the National Environment
Management Authority (NEMA).
90 NEMA as the principal environmental agency is
responsible among others for the management of the environment in Uganda
through coordinating, monitoring and supervising of all activities in the field of
environment.
91
NEMA is also mandated to manage environmental information and implementing
standards for environment information. Both the Policy and Act are further
reinforced by Articles 39.
92
The roles of NEMA have also been declared in several rulings of court, in Amooti
Godfrey Nyakana V NEMA,
93 court stated that S.6 of the National environment Act
sets out the functions of NEMA inter alia;
84 Oil in Uganda (March 6th, 2018).
85 Oil in Uganda (March 6th, 2018).
86 Oil in Uganda (March 6th, 2018).
87 Leopold (1989), p. 223.
88 Leopold (1989), p. 223.
89 1995 National Environment Act, Chapter 153.
90 Section 4 NEA.
91 Section 6 NEA.
92 Article 39 of the 1995 constitution provides for the right to a clean and healthy environment.
93 Constitutional Petition No. 03/05.
Land Conservation in the Albertine Graben Region of Uganda: A Critical. . .
91
seek legal redress” said Gilbert Tibasiima the district youth counselor.
84
Around January 2018 the lands Minister disclosed to residents that compensation
for an acre of land in Kasinyi village one of the Albertine areas will be at 3.5
million
85 (approximately USD 821) whilst residents are claiming a compensation of
10 to 60 million per acre
86 (USD2740-16,429) which is at least fair compensation.
Monetary compensation in regards to issues of land are secondary but the primary
aspect is that people attach their whole lives to land and once its lost then ones
livelihood is at stake. Aldo L. states that “it is inconceivable to me that an ethical
relation to land can exist without love, respect, and admiration for land, and a high
regard for its value. By value, I of course mean something far broader than mere
economic value; I mean value in the philosophical sense.”
87
Therefore disregard of the constitutional provisions is not merely breach but also
dislodgement of an important asset for human sustenance thus its paramount that
compensation be adequate for anything is right when it tends to preserve the
integrity, stability and beauty of the biotic community. It is wrong when it tends
otherwise.
88
4.1.2 1995 National Environment and Management (NEA) Act
89
The National Environment Act provides for sustainable management of the environment and also establishes an environmental watchdog the National Environment
Management Authority (NEMA).
90 NEMA as the principal environmental agency is
responsible among others for the management of the environment in Uganda
through coordinating, monitoring and supervising of all activities in the field of
environment.
91
NEMA is also mandated to manage environmental information and implementing
standards for environment information. Both the Policy and Act are further
reinforced by Articles 39.
92
The roles of NEMA have also been declared in several rulings of court, in Amooti
Godfrey Nyakana V NEMA,
93 court stated that S.6 of the National environment Act
sets out the functions of NEMA inter alia;
84 Oil in Uganda (March 6th, 2018).
85 Oil in Uganda (March 6th, 2018).
86 Oil in Uganda (March 6th, 2018).
87 Leopold (1989), p. 223.
88 Leopold (1989), p. 223.
89 1995 National Environment Act, Chapter 153.
90 Section 4 NEA.
91 Section 6 NEA.
92 Article 39 of the 1995 constitution provides for the right to a clean and healthy environment.
93 Constitutional Petition No. 03/05.
Land Conservation in the Albertine Graben Region of Uganda: A Critical. . .
91