Clearing the air: an analysis of Uganda’s legal and regulatory framework for the control of air emissions in the oil and gas sub-sector

Abstract

This study analyses Uganda’s legal and regulatory framework on the control of air emissions resulting from operations in its oil and gas sub-sector. Pollution in the form of air emissions during operations is one of the environmental concerns posed by the oil and gas sub-sector. The study interrogates the international and regional legal framework comprising both binding and non-binding instruments on air emission regulation. It further analyses the various key national environmental-protection and petroleum-related legislations to assess their provision for air emission control. It also delves into the policy and institutional framework as well as tools for environmental regulation that supplement the legislative framework. The study invokes a comparison analysis through interrogating case studies and best international practices from countries that have taken progressive steps to address the challenge. It interrogates the extent to which Uganda’s legal framework adheres and incorporates environmental protection in international environmental law instruments and best international practices, its weaknesses and strengths as well as what possible measures could be taken to make the framework better suited to control air emissions. Finally, the study finds that Uganda has a robust legal framework comprising of strong constitutional, legislative, policy and institutional foundations. However, it is marred with weaknesses ranging from weak enforcement, regulatory gaps, institutional gaps and overlaps as well as technological limitation which hinder its effectiveness.