Report for The Rt. Hon.

Speaker

PARLIAMENT OF UGANDA

THE ROLE OF PARLIAMENTS IN THE PROTECTION OF THE

ENVIRONMENT AND THE IMPLEMENTATION OF SUSTAINABLE
DEVELOPMENT

By Herbert Ngabirano Tumusiime

Research Officer

October, 2007.

Abstract:

Environmental degradation is a danger to the survival of humankind and its posterity.

Environmental protection and the implementation of sustainable development have thus
emerged as pertinent issues that are key responsibilities of all Parliaments. This report
attempts to analyse the role of Parliaments in the protection of the environment and the
implementation of sustainable development. The scope of this report includes the status
quo of the environment vis-à-vis sustainable development in Africa and Uganda in
Particular. This report attempts also to analyse the challenges facing Parliaments as they
play their role and their contribution so far towards the protection of the environment and
the implementation of sustainable development.

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REPORT FOR RT. HON. SPEAKER.doc

1.0 Introduction:
In 1992 Uganda participated in the United Nations Conference on Environment and
Development (UNCED) held in Rio de Janeiro. Uganda supported the provisions of
Agenda 21 and other declarations and statements of principle. Agenda 21, in part, calls
for the periodic preparation of national state of environment reports. Chapter 17, Article
278(1) of the Constitution of Uganda 1995, states that ...Parliament shall by law provide
for measures intended to protect and preserve the environment from abuse and
degradation and to manage the environment for sustainable development. More
specifically, The National Environment Statute 1995 Section 7(1) states that one of the
functions of the National Environment Management Authority (NEMA) is to ...prepare
and disseminate a (national) state of the environment report once in every two years. The
National Environment Statute, 1995, section 15(2), also requires districts to prepare a
district state of environment report every year. According to the 1996 State of
Environment Report which uses an issue-pressure-state-response framework, human
beings exert pressure on the environment. Such pressures induce changes to the state or
condition of the environment, to which society responds with policies and programmes to
prevent, mitigate or repair environmental damage. With respect to content, this report
analyses the stake of Parliaments on environment and sustainable development.

2.0 Background of the study

1
There is a strong linkage between environmental protection and the implementation of
sustainable development. Development impacts the environment. This is illustrated by
how the exploitation of natural resources for developmental purposes affects nature. In
the Niger Delta area of Nigeria major environmental problems have been linked to oil
spill, gas flaring and deforestation inherent in oil exploitation in the region. The
1

What is the Place of Practice of Environmental Law in Africa’s Development? Published November 9, 2006 -
Nigeria

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exploitation of oil is also largely blamed for carbon emissions in Nigeria which in 2001,
stood at 23.5 metric tonnes accounted for by gas (53.3%), oil (46.6%), Coal (0.1%).

A similar link between development and the environment is manifest in South Africa,
where air pollution and carbon dioxide emissions are caused primarily by the use of coal
for electricity generation. Tanker spills, leaks at refineries and fuel plants also contribute
to the pollution of South Africa groundwater and marine environment. Also, the release
of oil into the marine environment in the course of transportation damages natural
habitats such as seabeds, wetlands and mudlands worldwide.

2
Sustainable development is a socio-ecological process characterized by the fulfillment of
human needs while maintaining the quality of the natural environment indefinitely. The
linkage between environment and development was globally recognized in 1980, when
the International Union for the Conservation of Nature published the World Conservation
Strategy and used the term "sustainable development.

3.0 Methodology

This report was generated through review of state of environment reports from across the
continent, internet journals, environmental laws passed by parliament and review of
available literature on environmental protection and sustainable development. The
researcher set out to investigate what Parliaments especially on the African Continent
have contributed towards achieving sustainable development with environmental
protection prioritised.

4.0 Findings:

4.1 Definition of key terms:

National Strategies for Sustainable Development. "World Conservation Strategy: Living Resource Conservation for
Sustainable Development

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The key terms of this report are defined below:-

4.1.1 Environment protection

Environmental protection entails the aggregate of measures for the conservation of the
environment, and ensuring the sustainable utilisation of natural resources.

4.1.2 Sustainable development

According to the WCED, this is "development that meets the needs of the present without
compromising the ability of future generations to meet their own needs." Sustainable
development implies economic growth together with the protection of environmental
quality, each reinforcing the other. The essence of this form of development is a stable
relationship between human activities and the natural world, which does not diminish the
prospects for future generations to enjoy a quality of life at least as good as our own.
Many observers believe that participatory democracy, undominated by vested interests, is
a prerequisite for achieving sustainable development (Source: Mintzer, 1992).
Sustainable development entails the following;

• The reduction of poverty

• A reduction in population growth
• More equitable distribution of resources
• Healthier more educated population and better trained people
• Decentralised, more participatory government
• More equitable, liberal trading system within and mong countries, including
increased production for local consumption
• Better understanding of the diversity of ecosystems, locally-adapted solutions to
environmental problems and better monitoring of the environmental impact of
development activities.
4.2 The African experience

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Since the 1970s, the environment and key natural resources in most African countries
have been increasingly threatened by escalating and unsustainable pressures from fast-
growing populations and cities as well as expanding agricultural and industrial activities.
Significant economic and environmental damage has also resulted from civil conflicts
and war caused in part by the arbitrary division of territory and peoples, as well as
inequitable development patterns set during colonial times. In the push for accelerated
economic growth after independence, many national development projects as well as
international aid and lending policies failed to take into account the adverse impacts of
their activities on the environment and natural resource base.

Throughout Africa, reducing the poverty of the poor majority of people is the overriding
priority for governments. This poverty is a major cause and consequence of the
environmental degradation and resource depletion which threaten present and future
economic growth. Improving the health, income and living conditions of the poor
majority remains the top political and policy imperative if Africa is to move toward
development that is economically, socially and environmentally sustainable.

4.3 The Ugandan Experience

3
Major environmental problems in Uganda include overgrazing, deforestation, and
primitive agricultural methods, all of which lead to soil erosion. Attempts at controlling
the propagation of tsetse flies have involved the use of hazardous chemicals.

The nation's water supply is threatened by toxic industrial pollutants; mercury from
mining activity is also found in the water supply. Uganda has 39 cu km of renewable
water resources with 60% used for farming and 8% used for industrial activity. Roughly
80% of the nation's city dwellers and 47% of the people living in rural areas have access
to pure drinking water.

3
Encyclopedia of the nations: Africa: Uganda

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Forests and woodlands were reduced by two-thirds between 1962 and 1977. By 1985,
193 square miles of forests were eliminated. Between 1983 and 1993, an additional 7.7%
of forest and woodland were lost.

Wetlands have been drained for agricultural use. Poaching of protected animals is
widespread. Uganda's three national parks total over 6,300 sq km (2,400 sq mi). As of
2001, 7.9% of Uganda's total land area was protected.

The same year, 18 of the nation's mammal species and 10 of the nation's bird species
were endangered, as well as 8 species of plants. Endangered or extinct species include the
mountain gorilla, northern white rhinoceros, black rhinoceros, and Nile crocodile.

In 1996, water hyacinth growth created a serious environmental and economic problem
on Lake Victoria. By some estimates, the hyacinths covered 6,000 ha (14,820 acres) of
water, still less than 0.1% of the lake. When the masses of hyacinths drift into Uganda's
ports and coves, they impair the local fishing, trap small boats in ports, and keep fish
under the plants. The weed invasion has also been known to affect cargo boat and ferry
transportation by fouling engines and propellers and making docking difficult.

4.4 Contributions of Parliaments towards environmental

protection and the implementation of sustainable development:

(a) Uganda

To begin with, the East African community set up the Lake Victoria Environment
Management Programme (LVEMP) for the protection of Lake Victoria which is shared
by all the East African countries. This programme has contributed in terms of fighting the
water hyacinth by mechanical removal of the weed. It is also charged with ensuring that
there is controlled fishing on the ake in order to avoid over fishing and the possible
extension of some species.

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Between 1991 and 1994 the Government of Uganda developed a National Environment
Action Plan (NEAP).The NEAP provided a framework for addressing gaps in
environment management as well as a strategy for integrating environment into the
national socio-economic development.2One of the outcomes of the NEAP was the
formulation of the National Environment Management Policy (NEMP) of 1994. The
overall Goal of the NEMP is sustainable social and economic development which
maintains or enhances environmental quality and resource productivity on along term-
basis that meets the needs of the present generations without compromising the ability of
future generations to meet their own needs. This policy goal has informed subsequent
policies such as the 2004/5-2007/8 Poverty Eradication Action Plan (PEAP) and the Plan
for the Modernization of Agriculture (PMA).
The Policy provides strategies to guide and assist decision makers and resource users in
determining priorities in the national context and also at the sectoral, private sector and
individual level. It provides for integration of environmental concerns in national
socioeconomic development planning process, avenues for inter-sectoral cooperation, and
comprehensive and coordinated environmental management. As a result, environmental
management is now a key criteria for national socio-economic development decisions.

4
The Parliament of Uganda on Thursday 29th March 2007 passed a motion for a resolution
urging the Government to enact a law banning the use of plastic bags, commonly known
as buveera. This was after a study that revealed that domestic production of polythene
stands at about 700 tonnes per year while importation is estimated at 40,000 tonnes
annually. Statistics from the Uganda Revenue Authority indicate that importation of
polythene in the country more than doubled between 2002 and 2003: from 487,058kg to
1,095,289kg.

Parliaments have made several forms of legislations for the protection of the
environment. In Uganda for example Parliament is empowered by law to provide for
measures intended to protect and preserve the environment from abuse and degradation
and to manage the environment for sustainable development. More specifically, The

4
The New Vision Friday, 30th March, 2007.

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National Environment Statute 1995 Section 7(1) states that one of the functions of the
National Environment Management Authority is to ...prepare and disseminate a (national)
state of the environment report once in every two years. The National Environment
Statute, 1995, section 15(2), also requires districts to prepare a district state of
environment report every year

Article 39 of the Constitution provides for the right to a clean and healthy environment.
Article 237 (2)(b) provides that Government or a Local Government as determined by
Parliament by law, 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 tourist purposes for the common good of all citizens.

The Ugandan Parliament through its committee on natural resources is trying to pass as
law banning the usage of polythene bags otherwise termed as “Buvera”. Furthermore,
smoking in public is outlawed. Conversely, a section of members of Parliament have
been vehemently opposed to the deforestation of the country’s biggest forest, Mabira.
Members demonstrated and mobilised to this effect. The facts of the case were that the
government intended to give part of the forest to a sugar company (Mehta Group) for the
extension of the sugar plantation a move that was met with public scorn and opposition.

Members of parliament on the Natural Resources Committee instructed the Ugandan

government to present oil sharing contracts signed between the government with
exploration companies (Peoples Daily Online).

(b) Africa’s Policy and Legislative Response

The attitude of African countries to environmental damage may have remained the same,
if certain events did not trigger a change. It took the surreptitious dumping of toxic
wastes in Koko, in 1987 for Nigeria to make its first environment legislation, the Harmful
Waste (Special Provisions, etc.) Act. The Act prohibited the carrying, depositing, and
dumping of harmful waste within Nigeria or in its territorial waters. A federal regulatory

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body, the Federal Environmental Protection Agency (FEPA) was created in 1988. FEPA is
responsible for developing and managing the Nigerian environment. Of all the principal
instruments churned out subsequent to FEPA, perhaps the best known is the
Environmental Impact Assessment Decree No. 86 of 1992. The Act provides for
mandatory environmental impact assessment (EIA) for certain processes and activities
and the procedure governing same. A welter of other legislation and regulations followed
these instruments in quick succession. The Nigerian environmental sector has attempted
to keep pace with the evolution of new environmental paradigms worldwide, utilizing
comparative texts and principles to formulate its building blocks. Most commentators say
that today Nigeria has all the environmental law it requires, but none of the enforcement
it direly needs.

Prior to 1994 South African’s Environmental management had depended largely on non-
binding guidelines. It was with the democratic elections of that year that environmental
groups began campaigning for stricter environmental regulation. In 1998, the National
Environment Management Act was passed. The Act consolidated legislation and
established national standards. It covers such issues as air, water, marine pollution, waste
management, deforestation, energy efficiency and the conservation of biodiversity.
Further legislation, the Air Quality Act, aims to control air pollution, emission of
greenhouse gases and ozone-depleting pollutants. The later Act extends civil and criminal
penalties for polluters, initially provided for in Section 34 (7) of the Natural Environment
Management Act. South Africa’s legislation is fairly comprehensive and its emission
control provisions are particularly instructive. Notwithstanding, South African courts still
come under criticism for their lenient enforcement posture which is capable of rendering
legislation ineffective.

The holistic incorporation of the environment into Ghana’s development strategy started
in 1991 with the adoption of National Environmental Action Plan (1990-2000). The
Environmental Agency Act of 1994 created the Environmental Protection Agency (EPA).
The EPA was tasked to work within the framework of the National Environmental Policy
to secure sound environmental management. Thus from 1994 it, became legally

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mandatory to conduct an environmental impact assessment prior to receiving a mining

approval.

(c) international

In an effort to protect the environment, Parliaments internationally have criminalised

offences of environmental degradation. A case in point is the proposal for a directive of
the European Parliament and of the Council of 9 February 2007 on the protection of the
environment through criminal law. The proposal defines a minimum set of serious
environmental offences and obliges Member States to provide for criminal sanctions for
this type of offence when committed voluntarily or through serious negligence.

The EU leaders endorsed a strategy for sustainable development at the Gothenburg

Summit in June 2001. The strategy aimed at reconciling economic growth, social
cohesion and environmental protection. In Gothenburg it was agreed that the
sustainability strategy should be annually reviewed and a report should be sent to the
European Council spring summit.

4.5 Challenges facing Parliamentarians in the protection of the environment and

the implementation of sustainable development:

The Parliamentarians recognize that parliaments can play a major role in achieving
Sustainable Development through a partnership with government institution and civil
society groups, within the framework of the National Committee of Environment and
Sustainable Development.

In pursuit of this role, the Parliamentarians find themselves responsible for following up
the efforts towards protecting the environment, achieving Sustainable Development and
the Millennium Goals that was adopted by the of the UN (2001), especially Goal No. 7

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which stipulates that guarantee the Environment Sustainability can be achieved through
integrating the principles of Sustainable Development into the national programmes and
policies, decrease loss us the environmental resources, and reduce the percentage of
humans who without access to safe drinking water by 2015 and significantly improve
the living conditions of poor areas by 2020.

Millennium goal No. 7 is to ensure environmental sustainability. As a key government

organ, it is apparent that Parliaments have got a huge role to play in the realization of this
goal.

State implementation of the water, sanitation, and human settlements programmes require
financial resources that are beyond the capabilities of developing countries. Accordingly,
there is a need to develop financial mechanisms, provide technical support and capacity
building opportunities through regional and international programmes.

4.6 Recommendations/ way forward:

Parliament should ensure the implementation of court rulings on environmental issues. In

Uganda for example in 2001, the government attempted to degazette Butamira Forest
Reserve, for the benefit of Kakira Sugar Works (KSW) Ltd. Despite public protests and
High Court judgment, government, however, went ahead to give-away the land to KSW.
Parliament should ensure the enforcement of the High Court Ruling on Butamira forest
reserve (Ref. Greenwatch & ACODE versus Attorney General, 2003).

The Parliaments should also emphasize importance of the partnership with the civil
society organizations towards consolidating the social efforts in establishing the
principles of environmental citizenship and activate the role of the citizen in protecting
the environment and curtailing the abuse of natural resources and curbing the
unsustainable patterns of consumption. This effort should be augmented with ensuring
the integration of the principles of environment protection into feasibilities studies of
projects, from the planning until implementation phases.

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Emphasizing on the oversight role of Parliamentarians, it is necessary to develop a

mechanism for enhancing capacity building efforts, with a view to insure that
environmental protection responsibility is entrusted with qualified human resources. This
can be achieved by integrating the concepts of environmental protection into the curricula
of all education stages. In the mean time, parliaments should demand comprehensive and
regular annual reports on the state of the environment in their respective countries from
the government institutions responsible for the environment

5.0 Conclusion:

Parliaments have an enormous stake in protecting the environment and implementing

sustainable development. This has been done through their role of legislation by putting
in place laws to the above effect. However there is still a lot to be desired when it comes
to implementation of these laws. Most commentators say that today the world has all the
environmental law it requires, but none of the enforcement it direly needs. This is most
evident on the African continent. For instance South African courts still come under
criticism for their lenient enforcement posture which is capable of rendering legislation
ineffective.

"In all things of nature there is something of the marvelous"(Aristotle). It is upon this
reason that the environment needs protection to achieve sustainable development and
Parliaments across the continents have a major and noble role to achieve this.
This very pertinent if millennium goal No. 7 is to be realized and this is the goal to ensure
environmental sustainability

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6.0 References:

UNEP GEO-2000 Chap. 2, State Chapter Two: The State of the Environment

The Constitution of the Republic of Uganda 1995

What is the Place of Practice of Environmental Law in Africa’s Development?

Published November 9, 2006 - Nigeria

Encyclopedia of the nations: Africa: Uganda

National Strategies for Sustainable Development. "World Conservation Strategy: Living

Resource Conservation for Sustainable Development

Dirk-Jan Kraan, R. J. in’t Veld, “Environmental Protection: Public or Private Choice”

Abaza, H., ed. Appraisal methodology for sustainable development projects.

Environmental Economics paper no.2. Nairobi: United Nations Environment Programme,
1992.

Adger, N. Sustainability: concept and measurement. Centre for Social and Economic
Research on the Global Environment, 1992.

The New Vision Friday March 30th,2007

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