phosphorus and consequently introducing metals, toxins, acidification and depletion
of bases.
4 Ling et al. have enumerated that food chains are affected due to heavy
metal contamination of the land which poses a risk to humans.
5
On the basis of the impacts the oil activities and infrastructure have on land, this
chapter makes a critical analysis of the several laws available to safe guard the
Albertine environment against the deleterious impacts.
The 1995 Ugandan Constitution provides inter-alia for the rights to property and
compensation in case of acquisition,
6 every Ugandan has a right to a clean and
healthy environment,
7 citizen participation in development and their own
governance.
8
These constitutional provisions are backed up by other laws and policies including the Land Act,
9 Forestry Act, the Petroleum (Exploration, Development and
Production) (PEDP) Act of 2013 (upstream) and midstream the Petroleum (Refining,
Conversion, Transmission and Midstream Storage) (PRCTMS) Act 2013.
Policies include the National Land Policy (2013), Oil and gas Policy of 2008 and
other important documents such as the National Development Plan that specifically
recognizes the need to strengthen the policy, legal and regulatory framework for the
oil and gas sector.
Existing environmental legal framework in Uganda is potentially in conflict,
relatively old and outdated, there is urgency to amend most of the laws and policies
so that they can address the new challenges such as protection of wildlife, forest
reserves and human settlements from impacts of the oil industry for example carbon
emissions, gas flaring and waste management.
Notably Uganda has not joined the Extractives Industry Transparency Initiative
(EITI) but is signatory to various international agreements and conventions, which
are meant to protect and conserve the environment, society, biological diversity,
natural resources, wetlands, culture and human rights among others.
This chapter contains four sections. Section 2 of this chapter makes a comprehensive description of the Albertine Graben environment and the historical context of oil
and gas activities, Sect. 3 states the impacts of oil and gas activities on the Albertine
land Sect. 4 scrutinizes the efficacy of the relevant legal regimes and the Ugandan
constitution in protecting and conservation of land and Sect. 5 of the chapter avails
recommendations attained from the identified practices for enforcement of land
preservation and sustainable usage.
4 Nkonya et al. (2002), p. 10.
5 Ling et al. (2007).
6 Article 26(2)(b)(i) of the 1995 Constitution.
7 Article 39 of the 1995 Constitution.
8 Principle II of the Democratic principles under the National Objectives and Directive principles of
state policy in the 1995 Constitution of Uganda.
9 Land Act 1998 (Cap 227).
80
W. Kassim
of bases.
4 Ling et al. have enumerated that food chains are affected due to heavy
metal contamination of the land which poses a risk to humans.
5
On the basis of the impacts the oil activities and infrastructure have on land, this
chapter makes a critical analysis of the several laws available to safe guard the
Albertine environment against the deleterious impacts.
The 1995 Ugandan Constitution provides inter-alia for the rights to property and
compensation in case of acquisition,
6 every Ugandan has a right to a clean and
healthy environment,
7 citizen participation in development and their own
governance.
8
These constitutional provisions are backed up by other laws and policies including the Land Act,
9 Forestry Act, the Petroleum (Exploration, Development and
Production) (PEDP) Act of 2013 (upstream) and midstream the Petroleum (Refining,
Conversion, Transmission and Midstream Storage) (PRCTMS) Act 2013.
Policies include the National Land Policy (2013), Oil and gas Policy of 2008 and
other important documents such as the National Development Plan that specifically
recognizes the need to strengthen the policy, legal and regulatory framework for the
oil and gas sector.
Existing environmental legal framework in Uganda is potentially in conflict,
relatively old and outdated, there is urgency to amend most of the laws and policies
so that they can address the new challenges such as protection of wildlife, forest
reserves and human settlements from impacts of the oil industry for example carbon
emissions, gas flaring and waste management.
Notably Uganda has not joined the Extractives Industry Transparency Initiative
(EITI) but is signatory to various international agreements and conventions, which
are meant to protect and conserve the environment, society, biological diversity,
natural resources, wetlands, culture and human rights among others.
This chapter contains four sections. Section 2 of this chapter makes a comprehensive description of the Albertine Graben environment and the historical context of oil
and gas activities, Sect. 3 states the impacts of oil and gas activities on the Albertine
land Sect. 4 scrutinizes the efficacy of the relevant legal regimes and the Ugandan
constitution in protecting and conservation of land and Sect. 5 of the chapter avails
recommendations attained from the identified practices for enforcement of land
preservation and sustainable usage.
4 Nkonya et al. (2002), p. 10.
5 Ling et al. (2007).
6 Article 26(2)(b)(i) of the 1995 Constitution.
7 Article 39 of the 1995 Constitution.
8 Principle II of the Democratic principles under the National Objectives and Directive principles of
state policy in the 1995 Constitution of Uganda.
9 Land Act 1998 (Cap 227).
80
W. Kassim