The effectiveness of the law on implementing the right to a clean and healthy environment during oil and gas exploration and production in Uganda

Abstract

The right to a clean and healthy environment is fundamental because it ensures the enjoyment of other human rights. It is a basis upon which other rights can fully be actualized. This right is protected by internationally agreed environmental law standards. The protection of this right is specifically drawn into the limelight due to the oil and gas activities that inherently have a deleterious effect on the environment in Uganda, which therefore calls for effective legal, structure and policy framework to govern these operations in the Albertine Graben. The main objective of the research was to examine the effectiveness of the Ugandan laws in guaranteeing the right to a clean and healthy environment during the oil and gas exploration and production process, this objective was guided by a central research question of how effective the law is in implementing the right to a clean and healthy environment during the processes of oil and gas exploration and production. It is the main finding of this research is that whereas Uganda has taken large strides in the protection of this right through relevant enactments, these laws however to not address to the full extent of the threat the oil sector possesses. Effects are enormous if at all it the sector is not properly legislated and the law effectively implemented. The law is currently sloppy in as far as incorporating principles such as the polluter pays principle which sit at the heart of environment protection through deterrent fines, environmental restoration and compensation. The issue of implementation through competent bodies such as NEMA, PAU and Courts is still a challenge. These institutions are not well equipped technically and knowledge-wise in enforcing standards, therefore the research recommends inter alia; the amendment of the law to vividly capture these principles; establish an independent oil and gas enforcement body; specialized courts for oil and gas disputes and encourage the role of the state and civil society in the fight against corruption