ISLAMIC UNIVERSITY IN UGANDA

SCHOOL OF LAW
BACHELOR OF LAWS DEGREE YEAR ONE
AUGUST SEMESTER 2024/2025
COURSE NAME: Constitutional History and Politics of Uganda.
LECTURER: DR. KAKUNGULU EASTUS. Esq., LLD (UiB) LLM (UDSM)
LLM (UCUM), LLM (UoL) LLB (II), Dip LP , Advocate, CRR (U) NGO, Legal
(MOEMD) & EC , Founder , GLE consortium Ltd & a University Lecturer .

Email: [email protected] /[email protected];

Tel: 0781426262/ 0700437143.

TUTOR: ……………………………………….

GROUP ONE CLASS ASSIGNMENT.

QUESTION-1

The Republic of Kanye has been a Republic endowed with abundant natural resources. Among the
resources are solid minerals deposit worth billions of dollars. These solid minerals are located in
Zara Community. SHENJIN Company Limited has expressed interest in the exploration of these
solid minerals. In furtherance to that, they wish to build a factory in ZARA community. According
to them (SHENJIN Company Limited), this will help to create job opportunity for the people of
Zare. In pursuance to this, they approached KANYE government for a license to enable them
embark on this expiration as well as building factories. However, the government of Kanye is
skeptical of the likely effect of the activities from the factories.

Question 1: Impacts of Oil and Gas (15 Marks)

(a) Discuss what is meant by the Dutch disease and the Oil Curse, describing
how Uganda is prepared and can prepare to mitigate its environmental
and social impacts.
(b)With particular reference to land uptake for petroleum activities and
midstream operation, discuss the issue of land acquisition, resettlement
Page 1 of 3
 and related matters. Question 2: Environmental and Social
Impact Assessment (12 Marks)
(a) Describe the mitigation hierarchy for purposes of environmental and
social impact assessment, outlining the key focus areas of mitigation
measures.
(b)A core part of Impact Management is developing an environmental
management and monitoring plan (EMMP). Describe and develop an
EMMP for a facility engaged in midstream petroleum operations,
outlining responsibility areas for key interventions.

Question 3: Multilateral Environmental Agreements (MEAs)

(13 Marks)
(a) Explain the MEAs relevant to combating drought and desertification,
providing a justification for them.
(b)In the context of the macro environment in, and the environmental
sensitivity atlas for, the Albertine Graben, what do you see as the future
of the Albertine Graben region after decommissioning of the petroleum
facilities, especially in regard to tourism, agriculture and biodiversity.

Advise the government on how the matter should be handled. (25 Marks)

QUESTION 2

Principle 2/of the Rio Declaration on Environment and Development 1992 provides that: States
have, in accordance with the Charter of the United Nations and the principles of international law,
the sovereign right to exploit their own resources pursuant to their own environmental and
developmental policies, and the responsibility to ensure that activities within their jurisdiction or
control do not cause damage to the environment of other States or of areas beyond the limits of
national jurisdiction.

Identify and explain the environmental management principles contained in this statement.
(15Marks) Page 2 of 3
QUESTION 3

Institutions play a key role in environmental protection in Uganda" As per Jonn Okello LL.B 3/2
class at KIU.

Discuss the above assertion focusing on the various institutions that have been established by the
current policy and legislative framework to manage and protect the environment in Uganda and
their different roles (15 Marks).

QUESTION 4

Briefly discuss any three (3) of the following

a) Players in environmental law, (5 Marks)

b) The role of the law in environmental management, (5 Marks)

c) Intergenerational Equity, (5 Marks)

d) Environment and development, (5 Marks)

e) Rights to a clean, healthy and descent environment (5 Marks)

QUESTION 5

There are different principles in the management of the environment that have been incorporated
in both domestic, regional and international legislations. With the aid of relevant authorities and
examples, discuss any three (3) of the following principles of environmental law;

a) Participatory principle (5 Marks).

b) Polluter pays principle (5 Marks).

c) Sustainable development (5 Marks).

d) Precautionary principle (5 Marks).

e) Trusteeship principle (5 Marks).

QUESTION 6

The Constitution of Uganda is a veritable tool for environmental protection. Discuss this assertion
with the aid of some provisions of the Constitution of Uganda, 1995. (15 Marks).
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QUESTION 7
"Public interest litigation is an important aspect in the enforcement of public and community
environmental rights in Uganda; Per Godfrey Nyakana-v-Attorney General")

Discuss the aspect of public interest litigation and its role in environmental governance in Uganda.
(15 Marks).

QUESTION. 1

Wacha Wewe Association in Buliisa District is comprised of residents residing in the Oil graben.
These local residents are extremely upset because Alimba Corp Inc., a large chemical company
has built an oil refinery in their area. This came as a shock to them as no one consulted them in
relation to these developments. When the locals contacted the District Environment Office, there
was no evidence on file that any assessment of the potential adverse effects of this project on this
environment had been conducted. Surprisingly, the Environmental officer seems not to be aware
of the right procedures of conducting one. In a related incident, the Resident District
Commissioner of Buliisa has deployed soldiers who have started chasing away the local residents
from their land and homes to pave way for the expansion of Alimba Corp Inc.'s new oil refinery
facility. The RDC claims to be acting on 'orders from above and has further informed the residents
that their land and houses now belong to the government to serve the national interest.

The LC V has now suggested to the local residents that the matter should be reported to 'Fight for
Earth' [FFE] an Environmental NGO based in Buliisa District. RDC has however discouraged the
residents that NGOs are mere 'barking dogs' which seldom bite and will not be entertained in
Court. Discuss the relevant issues arising from the facts pattern (25MARKS)

QUESTION 2

"Environmental law in Uganda focuses on the protection of environmental rights for both fauna
and flora for sustainable development". As per John Okello LLB 3/2 class at KIU. With the aid of
relevant authorities, discuss the above assertion focusing on environmental rights in Uganda. (15
MARKS)

QUESTION 3

There are different common law principles in the management of the environment that have been
incorporated in both domestic, regional and international legislations. With aid of relevant
authorities, discuss the different environmental principles in the Management of the Environment
in Uganda. (15MARKS) Page 4 of 3
QUESTION 4

The new legal regime in the management of the Environment in Uganda elaborates the different
environmental crimes. With aid of authorities, discuss the different crimes as per the National
Environment Act No. 5 of 2019. (15MARKS)

QUESTION. 5

The Republic of Kanye has been a Republic endowed with abundant natural resources. Among the
resources are solid minerals deposit worth billions of dollars. These solid minerals are located in
Zara Community. SHENJIN Company Limited has expressed interest in the exploration of these
solid minerals. In furtherance to that, they wish to build a factory in ZARA community. According
to them (SHENJIN Company Limited), this will help to create job opportunity for the people of
zara. In pursuance to this, they approached KANYE government for a license to enable them
embark on this expiration as well as building factories. However, the people of zara were sacred of
the likely effect of emission activities from the factories.

As a student of Environmental Law and policy, critically examine the above situation and advise
on the step to be taken before constructing a factory under environmental Impact assessment.
(15MARKS)

QUESTION 6

"Ubi ius ubi Remedium" meaning for every wrong, there is a remedy. Also for every action there
are defenses. In the light of the above, critically examine this against the following;

a) Environmental law of negligence (5MARKS)

b) Environmental Law of nuisance (SMARKS)

c) Environmental Law of strict liability (SMARKS)

Question one

Wacha Wewe Association in Buliisa District is comprised of residents residing in the Oil graben.
These local residents are extremely upset because Alimba Corp Inc., a large chemical company
has built an oil refinery in their area. This came as a shock to them as no one consulted them in
relation to these developments. When the locals contacted the District Environment Office, there
was no evidence on file that any assessment of the potential adverse effects of this project on this
Page 5 of 3
environment had been conducted. Surprisingly, the Environmental officer seems not to be aware
of the right procedures of conducting one.

In a related incident, the Resident District Commissioner of Buliisa has deployed soldiers who
have started chasing away the local residents from their land and homes to pave way for the
expansion of Alimba Corp Inc.'s new oil refinery facility. The RDC claims to be acting on orders
from above and has further informed the residents that their land and houses now belong to the
government to serve the rational interest.

The LC V has now suggested to the local residents that the matter should be reported to 'Fight for
Earth' [FFE] an Environmental NGO based in Buliisa District. RDC has however discouraged the
residents that NGOs are mere 'barking dogs' which seldom bite and will not be entertained in
Court. Discuss the relevant issues arising from the faces pattern (25Marks)

Question two

The term sources of public international law is used to mean two things, first, the actual materials
determining the rules applicable to a given international situation (the material sources), and
second, the legal methods creating rules of general application (the formal sources). From the
above, discuss the sources of domestic and international environmental law in Uganda. (15 Marks)

Question three

There are different common law principles in the management of the environment that have been
incorporated in both domestic, regional and international legislations. With aid of relevant
authorities, discuss the different environmental principles in the Management of the Environment
in Uganda. (15 Marks)

Question four

With the aid of relevant authorities, discuss the procedural and substantive environmental rights as
espoused in Environmental in law. (15 Marks)

Question five

Page 6 of 3
The new legal regime in the management of the Environment in Uganda elaborates the different
environmental crimes. With aid of authorities, discuss the different crimes as per the National
Environment Act No. 5 of 2019 (15 Marks)

Question six

An effective compliance and enforcement program of environmental laws and policies comes with
benefits to the public. With examples, discuss the components of an effective enforcement legal
program and the barriers to compliance in Uganda (15 Marks)

Question Seven With the aid of relevant authorities and examples, discuss the following concepts
of environmental law, HEIGHTS

a) Participatory principle (3 Marks)

b) Environmental monitoring (3 Marks)

c) Environmental Audits (3 Marks)

d) Precautionary principle (3 Marks)

e) Restoration orders (3 Marks)

Question one

Uganda's NDP III emphasized infrastructure development. The Fly Over Project around Clock
Tower 'sawa ya kwini' is one of those that have been visibly impactful. The project is being
engineered by the UNRA-Japan joint venture. For a couple of months, works have intensified and
locals around Nsambya have started facing the negative impacts. Mr. Mbata, one of the residents
around the Nsambya stretch narrates his experience and is one of those who have been negatively
affected. His wife, Mrs. Bereddene gave birth to premature twin babies preterm birth due to the
noise and seismic vibrations from the 'bomag' tracks. The expansion of the road heading to
Nsambya Hospital and American Embassy as part of the project has equally caused locals
'mayhems' especially due to the big holes excavated in the night by the 'men at work' without
proper sign posting.

Forty (40) other locals raised these concerns before Mr. Nsenene, the Chairperson LCI. The
Chairperson termed them enemies of progress' and against development. The locals realized that
even though the project is well intended, there was no compliance with environmental and health
Page 7 of 3
regulatory requirements and relevant permits, licenses and approval conditions. However, Mr.
Mbata and other residents do not know what to do next.

Relatedly, Mr. Owagage, the spokesperson of the joint venture while appearing on 'Amasengejye
news at KIU TV, a local TV station in Uganda clearly stated that there is no law that requires the
venture to do mandatory checkup of their own compliance. He stated that as a matter of fact, this is
typical waste of tax payers money. Residents are furious and have threatened to go on street and
protest until a way forward is forged. Discuss the relevant issues arising from the facts pattern and
render advice as an expert (25 Marks)

Question two

"With the enactment of the 2019 National Environment Act, Uganda seems to have codified all the
environmental principles and indeed NEMA is on-top of its game in the protection of the
environment for the benefit of the present and future generation", as per Mr. Yugandana, an LLB
student at KIU. With relevant examples, discuss the veracity of Mr. Yugandana's statement (15
Marks)

Question three

With the aid of relevant authorities, discuss the procedural and substantive environmental rights as
espoused in Environmental law. (15 Marks)

Question four

An effective compliance and enforcement program of environmental laws and policies comes with
benefits to the public. With examples, discuss the components of an effective enforcement legal
program and the barriers to compliance in Uganda (15Marks)

Question five

Discuss the various institutions which have been established by the current policy and legislative
framework to manage and protect the environment in Uganda (15 Marks)

Question six

The new legal regime in the management of the Environment in Uganda elaborates the different
environmental crimes. With aid of authorities, discuss the different crimes as per the National
Environment Act No. 5 of 2019. (15 Marks)
Page 8 of 3
Question Seven
With the aid of relevant authorities and examples, discuss the following concepts of environmental
law-

a) Environmental restoration orders (3 Marks)

b) Powers of Courts in environmental matters (3 Marks)

c) Environmental easements (4 Marks)

d) Verification, labelling and cone of practice under management of Ozone Depleting Substances
and Products (5 Marks)

Question Eight

Uganda government announced that approximately 1.4 billion of Uganda's 6.5 billion barrels of
proven oil reserves, located mostly on its western border with the DRC, are estimated to be
economically recoverable. French firm Total Energies, and CNOOC, hold licenses to develop
these resources. You are retained lawyer for CNOOC, advise the government of Uganda about its
commitments under:

1. The Stockholm Conference

2. The 1992 Earth Summit

3. Rio and Montreal Protocols

4. The Kyoto Protocols

Question one

Wetege Environmentalists (WE) is a Nongovernmental Organization involved in public policy

research and advocacy work, which among others involves promoting the rule of law, ensuring
every person in Uganda enjoys the right to clean and healthy environment, protecting the
environment and defending the public in the use, management, conservation and preservation of
Uganda's natural resources. W.E is aggrieved by the decision of National Environmental
Management Authority (NEMA). On the 26th day of March 2022 in a meeting with National
Forestry Authority over plans to save Kansanga forest campaign, W.E got wind of the fact that the
Comfy (U) Ltd had commenced the process of an Environmental and Social Impact Assessment
study for Kabalagala Land Use Mixed Project despite pleas from the National Forest Authority
(NFA) to the NEMA not to undertake the same due to the ongoing court cases over Kansanga
Page 9 of 3
forest. On the 14th day of April 2022, the NEMA issued a certificate of approval for an
Environmental and Social Impact Assessment (ESIA) to Comfy (U) Ltd for Kabalagala Land. Use
Mixed Project to among others grow sugar cane on Kansanga Forest land.

W.E contend that the said Certificate of Approval issued by NEMA to Comfy (U) Ltd for
Kabalagala Land Use Mixed Project was issued improperly and without following the statutory
procedures. They further claim that in issuing the above-mentioned certificate of Approval.
NEMA relied on the Environment and Social Impact Assessment Report by Comfy (U) Ltd that
was undertaken without consulting the local communities. NEMA and Comfy (U) Ltd have
dismissed the allegations and refute W. E's mandate to sue and asserts that the right procedures of
conducting an ESIA were followed. Discuss the relevant issues arising from the facts pattern (25
Merks)

Question two

Principle 2 of the Rio Declaration on Environment and Development 1992 provides that; States
have, in accordance with the Charter of the United Nations and the principles of international law,
the sovereign right to exploit their own resources pursuant to their own environmental and
developmental policies, and the responsibility to ensure that activities within their jurisdiction or
control do not cause damage to the environment of other States or of areas beyond the limits of
national jurisdiction. Identify and explain the environmental management principles contained in
this principle (15 Marks)

Group work and individual work.

INSTRUCTIONS:

1. Attempt ALL questions

2. Originality and analytical thinking is expected.
3. Include the list of references or bibliography in your work.
4. Use 1.5 spacing, 12 font size, Times New Roman
5. Use OSCOLA citation style
6. Not more than 6 pages.
7. The coursework is 15 marks

Problem question will be shared by 2 people and essay questions will be done individually.

Therefore, the class representative will allocate questions to all members, the work is due on 14 th
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feb, 2024. 3
It will carry 15 marks and presentation of topics will carry, 10 marks and the Test 5 Marks.

Please endeavor to finish on time so that we can wind quickly . Good lucky.

Question One:

Kazzo Republic is a country located in Central Africa and well-endowed with natural resources,
which include oil and gas. However, the following are the events which are unfolding in Kazzo
Republic:

a) Musoke is a resident of Wato village in Kiro Town Council and he brought onto his land
located in a residential area machines which manufacture polythene bags. These machines make a
lot of noise especially at night and also release a pungent and toxic smell. This has left the
residents irritated as they are denied sleep in the night and their children have also developed skin
and eye infections. Musoke has gone ahead to inform his fellow residents that he moved to that
area before all of them, so they should bear with his actions.

b) The cabinet of Kazzo Republic recently passed a decision to vest ownership of all natural
resources on President Okeke. Thus, all trees, wild life, lakes, rivers, swamps, minerals, oil, gas,
etc, belong to the president and he may deal with them as he so wishes. As a result, President
Okeke has allocated part of Ngoro national park which is home to rare species flora and fauna to
an investor to set-up a tea plantation.

c) The investor is now in the process of setting up his plantation including a tea factory and also
encouraging the residents to encroach on other parts of the national park to also plant tea as
growers. The Kazzo Environmental Agency (KEA) has approached this investor and informed him
that he has not yet submitted a report to KEA containing the positive and negative impacts of his
project on the environment. The investor has responded by informing KEA that the president
exempted him from such time wasting activities and after all, according to him, tea is also part of
the environment and not a danger to the environment. The investor has further informed KEA that
if “KEA is lucky" he will submit the report after he has begun operations.

d) The citizens are angry with the actions of their president and the investor and have vowed not to
allow such impunity to continue. They have vowed to file a case in court challenging the national
park give-away as it will not only endanger the survival of their generation, but also that of future
generations. The president and the investor have laughed at these assertions of the residents
wondering how one can sue for non-existent generations.
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e) The investor has further informed the citizens that there is no cause for worry as he 3has lots of
money to make good any environmental harm. The investor is also willing to compensate all those
who may be affected by his actions and has written to KEA for options on how this may be done.

f) Musoke is an advocate of responsible moral conduct towards the environment and he is

disappointed that his best friend Wasswa has a strong belief that man is superior to all other
members of the eco-system. As such, Wasswa believes that man has the authority to decide
whether a monkey lives or dies or whether a swamp should be reclaimed or not.

g) Wasswa is in the business of transportation of harzadous waste in Kiro Town Council. His
authorization permit from the Town Council Environmental Office (TCEO) expired last week and
upon applying for a renewal of his permit, he was informed that he has to pay a security deposit to
TCEO. Wasswa was informed by TCEO that this security deposit would be used to compensate
victims and restore the environment should his activities cause pollution or loss of life and
property. Wasswa has protested against this move by the TCEO and has vowed not to pay this
deposit. Wasswa contends that he is a tax payer and also campaigned for the president’s re-
election, so the government was supposed to clean up his mess in case he polluted the
environment.

Raise all the legal Issues in the above problem and advise the parties accordingly. (30 marks)

Question Two:

With reference to the legal framework on environmental rights in Uganda, discuss the following;
a) Environmental procedural rights (10 marks)
b) Substantive environmental rights (10 marks)

Question Three:

Environmental ethics calls for responsible moral conduct towards man’s interaction with the natural and
built environment. This in turn ensures human survival and peaceful co-existence with other members of
the eco-system at large. With reference to environmental ethics, discuss the following;

a) The elements of environmental ethics (5 marks)

b) The levels of environmental ethics (7 marks)
c) The different philosophical traditions of environmental ethics (8marks)

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Question Four: 3
Write short notes on the following.
a) Sustainable development and the polluter pays principle;
b) Environmental impact assessment and environmental audits;
c) Legal perspectives of climate change;
d) Environmental treaties and customary international law; and
e) Anthropocentricism and reductive analysis philosophical traditions.
Question Five:

Semafumu, a law graduate fresh from Uganda Christian University has been recruited as a
consultant by the government of Uganda. Thus, he has been assigned the task of developing a legal
framework for the management of the forestry sector in Uganda. Confused and perplexed on what
to do, Semafumu has now approached you for advice, which will guide him in undertaking his
assignment. Advise Semafumu? .
Question six:

After graduating from UCU law school, you join an environmental advocacy group dedicated to
protecting disadvantaged communities in Uganda from environmental pollution and degradation.
Your professional supervisor puts you in touch with your first client who is a community-based
association whose members include homeowners, tenants and farmers in Kayunga Municipality, a
predominantly mixed tribe community located in central Uganda. They are extremely upset because
UgaChem a large industrial chemical company, has announced plans to build a new large chemical
production facility (which will be the biggest in East and Central Africa) on a large chunk of land
which has been vacant for a number of years and also located on the banks of river Kayunga
Channel. Furthermore, UgaChem’s proposed new facility also lies within less than half mile from
the neighborhood of the community-based association, and the facility’s property line also boarders
the only existing high school whose students are drawn almost entirely from same neighbourhood.

UgaChem’s proposed new facility will produce artificial rubber, and these rubber products will use
inputs that include hydrochloric acid, benzene and other organic compounds. Once constructed,
UgaChem’s facility will likely include nuclear reactor towers that will discharge volatile organic
compounds through pipes to a large flames and flares at the facility. Some fumes, including nitrous
oxides, will simply escape into the air as fugitive emissions. UgaChem’s facility will also draw water
from the river Kayunga Channel, use it in its production process, and then discharge the water back
into the river Kayunga Channel along with some production effluent.

UgaChem’s proposed new facility will generate a significant amount of rubber that will not meet strict
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environmental standards and purity requirements synonymous with the rubber industry. UgaChem’s
3
plans to either sell the rubber as scrap to other rubber producers with less demanding clients, or will
simply burn the rubber on-site for energy production and recovery. The members of the community
based association have also complained that the proposed production site of UgaChem’s new facility sits
next to the river Kayunga Channel. As a result, the land is frequently wet and marshy, and storm water
runoff from the site flows directly into the river Kayunga Channel. The members of the community-
based association assert that this area has a sizable biological community growing onsite such as rare fish
species, plants which include medicinal and herbal and other wetland/marshy plants, and migratory birds
also use the site as a breeding and roosting spot during migrations. Some of those birds are loved by
tourists and are also listed as either threatened or, in one case, endangered by international Environmental
Conventions.

The residents have further informed you that they have it on good authority that UgaChem never
conducted a study to determine if the proposed new facility will impact the ecosystem in anyway,
although UgaChem has always denied these claims. UgaChem has also informed the members of the
community-based association that it will keep them in the ‘dark’ about whatever is going on with their
proposed new facility since whatever will be done there is none of their business. Confused and angered,
many of the community-based association members believe passionately that UgaChem’s proposed new
facility will violate their rights environmental legal entitlements and they are determined to pursue legal
and administrative remedies.

A few days after your meeting with the members of the community-based association, you get a call from
your best friend from IUIU law school. She is now the new in-house environmental counsel at UgaChem
and she has received a notice/letter from the members of the community based association. After
perusing through the notice/letter that you helped the members of the community-based association
prepare, your friend amiably warns you that your clients have no chance of succeeding.

Raise all the legal Issues in the above problem and advise the parties accordingly.

Question seven:

In the context of environmental law, the separation of powers means that in Uganda we need a
transparent system that appropriately and adequately facilitates the protection and sustainable
management of the environment. Critically analyse the above statement.

Question eight :

Human beings cannot develop fully unless the environment has been adequately protected. Therefore, in
the wake of human rights promotions all over the world, the environment plays a key role in human
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3
growth. With reference to the above statement, discuss and explain the legal nexus between
environmental law and the protection of fundamental human rights.

Question nine:

Give a brief overview of the main sources in international environmental law by explaining and
discussing in particular the emergence of "soft law" and principles in international environmental law
and how this has influenced the development of this area of international law.

Question ten

Highway Investments is a Ugandan company which was incorporated in 2023 dealing in the
manufacture and export of tobacco and cigarettes. Highway Investments is located in Kiwa Town
Council where the residents in the surrounding neighbourhood are concerned about its activities. The
residents are complaining that:

a) the machines used by the company make a lot of noise which is unbearable;

b) the smell of tobacco engulfs the whole neighbourhood especially in the night which make
breathing a problem;

c) the effluent from the company has contaminated water bodies and the soil making plant and animal
survival difficult and;

d) Pregnant woman and young children have been exposed to health risks as a result of the activities
of Highway Investments.

The residents of Kiwa town council have made several complaints to the National Environment
Agency (NEA) about the activities of Highway Investments. However, the NEA has not made any
intervention in response to the complaints from Kiwa residents. Frustrated, the residents have now
approached Save Our Environment (SOE) a local NGO involved in environmental activism and
protection.

The residents of Kiwa town council and SOE have now resolved to file a case in court where they will sue
Highway Investments and the NEA. The residents of Kiwa and SOE further resolved to sue Highway
Investments and NEA for violation of their environmental rights including praying to court to have the
company relocated. On hearing this development the NEA is concerned that it is wrong for the residents
and SOE to consider adding them as a party to the suit since it is not NEA that is involved the tobacco
business but Highway Investments. According to the NEA, they have tried to the best of their ability to
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carry out their statutory mandate of protecting the environment around Kiwa town council.3 The NEA
further contends that suing them is not sustainable in law since under the National Environment Act of
1995, it is in fact NEA and not the residents and SOWE who should be suing Highway Investments. The
NEA is also concerned that in case anybody was to sue, it should not be SOE. According to the NEA, SOE
is not a resident of Kiwa town council nor is SOE affected by the activities of Highway Investments. On the
other hand, Highway Investments has denied polluting the environment and violating the environmental
rights of the Kiwa residents.

Raise all the legal Issues in the above problem and advise die parties accordingly.

Question eleven.

Musege Tobacco Industries (MTI) is in the business of tobacco processing and cigarette
manufacture. MTI located in Karaka Town Council (KRC) has been conducting its operations
since 2002 and is one of the largest tax payers in Uganda. Due the increased demand for cigarettes
in Uganda and around the East African region, MTI has stepped up production of cigarettes and
tobacco processing. This has turned out to be a night mare for the residents of KTC who are now
complaining of noise and air pollution due to the activities of MTI. The residents allege that the air
constantly smells of tobacco, they can hardly breathe and sleep in the night and all their tenants
have vacated their rental units leading to a loss in income. In other words, the residents have
accused the management of MTI of violating their basic fundamental rights as enshrined in
theUgandan Constitution. MTI has repeatedly denied these claims by stating that all its activities
are carried out in accordance with the law.
The residents of KTC have also on numerous occasions complained to the National Environmental
Agency (NEA) about the dangerous activities of MTI. The NEA has always promised to do
something in response to the complaints, but to-date nothing has ever been done by the NEA to
curtail the dangerous activities of MTI. This has greatly angered the residents who now suspect
that the NEA is complicit in the activities of MTI. During an LC meeting convened by the LC 1
Chairman, Mbappe who is a lawyer by profession and also a resident of KTC advised his fellow
residents that they should file a case in court against MTI and the NEA.
Consequently, a case has been filed in Court and MTI and NEA have been jointly sued by the
residents and are now required to file defences. MTI claims that it is wrongly being sued by the
residents of KTC since the framework law on the environment only entitles the NEA and not the
residents to sue for environmental breaches. On the other hand, the NEA also claims that it's being
wrongly sued by the residents of KTC since it is not in the business of processing and manufacture
of cigarettes. However, the residents of KTC do not want to hear any of this and have advised
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and the NEA to wait for their day in Court where they will make all those submissions and
assertions.

Raise all the legal Issues in the above problem and advise the parties accordingly.

Question Twelve:
In the context of environmental law, the separation of powers in Uganda ensures that there is good
governance and transparency in environmental management and protection. Critically analyse this
statement.

Question Thirsteen:
Discuss the guiding principles that are relevant in the development of a legal framework for
environmental management and also explain how they have influenced the development of
environmental law in Uganda.
Question Fourteen:
Write short notes on the following;
a) Climate change
b) The philosophical traditions of environmental ethics
c) Impacts of oil and gas pollutants on the environment
d) Procedural environmental rights
e) Environmental law perspectives of trespass, non-natural user of land and nuisance

Question Fifteen:
Explain the legal nexus between environmental law and the protection of selected basic
fundamental rights of Ugandans as enshrined in the 1995 Constitutions.

Question Sixteen:
Discuss the various institutions which have been established by the current policy and legislative
framework to manage and protect the environment in Uganda.
Question seventeen:

In response to the challenge of safeguarding the biosphere, the international legal regime has elaborated
rules to prated the environment both within and outside the limits of state jurisdidion. Thus, Page
despite
17 ofthe
3
rapid emergence of these rules, international environmental law has developed some common features that
differ from characteristics of other international regimes. With reference to the above, discuss the various
origins of international environmental law.

Question Eighteen:

a) Discuss the various institutions which have been established by the current policy and legislative
framework to manage and prated the environment in Uganda. (10 marks)
b) Discuss the challenges fadng the environmental sector in Uganda. (10 marks)

Question Niniteen:

Write short notes on the following;

a) Climate change
b) Sources of oil and gas pollutants
c) Substantive environmental rights
d) Environmental law as it evolved from the law of tort
e) Environmental Impact assessment

Question twenty:

Mugabe a law graduate fresh from Uganda Christian University has been recruited as a consultant by the
NGO Forum to assist the government of Uganda with developing a legal framework for the management of
the wild life sector, Confused and perplexed on what to do, Mugabe has now approached you for advice
and guidance as an expert in environmental law, what would be your response to Mugabe?

Question Twenty one:

Write short notes on the following:

a) Intergenerational equity and the precautionary principle

b) Environmental impact assessment
c) The International legal framework on climate change
d) Environmental Conventions and Protocols in international law
e) Anthropocentricism and reductive analysis philosophical traditions
f) The philosophical traditions of environmental ethics
g) Procedural environmental rights
h) Environmental law perspectives of trespass, non-natural user of land and nuisance. Page 18 of
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QUESTIONS Twenty two
 a) Tcay Republic recently discovered significant quantities of commercially viable oil and gas
and other rare earth metals. It went ahead and exercised eminent domain over the
discovered resources and had people who were staying in Ninah Village and zero distance
village evicted and relocated to new areas which failed to sustain their livelihood since they
were too dry to support crop production . For those who were compensated with monies
have failed to get alternatives since the amount of monies paid to them could not buy land
anywhere. On top of that, some residents in jarrah village have refused to vacate their land
despite the government having fully and adequately compensated them to pave way for
the construction of the oilrig.
b) Tracy republic entered into a production sharing agreement with felicity international Oil
Company to extract oil from Grace oil fields without any involvement of the people of that
country and those habituating the oil fields. Fecility International oil Company has in
most instances employed foreigners , refused to buy locally sourced products , failed to
educate locals of the country and failed even to offer basic training to workers .this has
angered many locals in the country.
c) The Tracy Republic on its bargain, received royalties, signature bonus and other revenues
as entitlement by the sovereign; however, the so-called big people in the government have
enjoyed most of these monies. To date, the communities surrounding Grace oil fields are
still living under absolute poverty despite the presence of natural resources in their areas in
which the company has accelerated the extracting oil and its estimated that within 3 years ,
the reserves would soon get depleted due to over production. Felicity international went
ahead and sold some of its assets to mercy international but the government of Tracy
republic received nothing in revenues.
d) Meanwhile, fortune international, a subsidiary of felicity international Company secured a
license to mine Gold and copper in Monica village. It has been releasing its wastes in the
wells where residents fetch drinking water. The authorities ordered it to pay for the
damaged it had caused to the crops but so far, their calls have not yielded any tangibles.
These chemicals have made crops in these areas yellowish and they are not bearing the
same quantity of crops they used too. Residents of Monica village feel hopeless.

With the help of various conventions, statutes and case law, As an LLB IV student proceed and draft a legal
opinion in case you find any merit in these facts.
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QUESTIONS Twenty three.

Kakuru K. and Ssekyana I in their Book, A handbook of environmental law in Uganda, 2009 Vol 1, Second
Edition, the learned authors expounds more on international principles of environmental law and some of
them include but not limited to this.

(i) the principle of ecological evaluation, (ii) the principle of exchanging information, (iii) the principle of
mutual consultations, (iv). The principle of a right to a healthy living environment to be a human right,
polluter pays principle and the principle of an obligation to protect and improve the environment.

As a student of Natural law Resource Law, illustrate with clear legal examples backed by statutes and cases
on how these principles have applied in Uganda’s extraction industry legal regime.

QUESTIONS Twenty four..

Auty in his book, sustaining development in mineral economies, the resource curse thesis. Routledge, 1993,

He describes the phenomenon of paradox of plenty, which refers to an inverse association between
natural resource dependence and economic growth. In his concluding remarks, he paint a picture of
curse and a blessing that resource rich countries have to navigate.

In a proper written essay and with the help of valid legal examples, explain the velocity of this statement
and offer a sound legal advice on how Uganda can remedy this situation.

Question Twenty five:

Mende is the LC5 chairman of Kayo district in western Uganda which is well endowed with vast natural
resources including Wewe forest (the largest forest reserve in western Uganda). Recently, the Speaker of
Kayo district council allowed one of the councilors to table a motion recommending the give away of a
large section of Wewe forest reserve to an investor to plant sugarcane. This motion was supported by
ninety-five per cent of the councilors in the district council. When chairman Mende expressed his
displeasure with what the councilors were intent on doing, the councilors informed him that they needed
money to fund their campaigns which the investor was willing to offer. The councilors further informed
Mende that laws of Uganda placed ownership of all-natural resources in Kayo district on the district
council. According to the councilors, such ownership entitled them to deal with the natural resources in the
district as they wished. Meanwhile. Dede who is a resident of Kayo district recently retired fromPage
the civil
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service and decided to use his pension funds to start-up a waste treatment plant in his ancestral village. As a
result, Dede brought onto his land waste treatment equipment he imported from China and also set up waste
storage tanks. After a year of smooth operations, one of Dede’s employees negligently operated one of the
machines and this led to the accidental release of unprocessed waste into the neighborhood. Subsequently,
not only were a number of houses damaged also several crops and livestock were lost in this incident.
Despite several pleas for compensation and restoration of the environment, Dede informed his neighbours
that he was not liable for the incident and would therefore not heed to their pleas.

In a related incident, Fefe who is the Chief Administrative Officer (CAO) of Kayo district recently
informed the residents of the intention of the central government to construct an oil refinery in the area.
According to Fefe, the district technical and political wing had already negotiated the terms and conditions
regarding the refinery project with the central government on behalf of the residents. Concerned about the
new developments and the safety of the environment, the residents have asked Fefe for information about
the refinery project but Fefe has refused to release the information. Fefe claims that the residents have no
business ‘poking’ their noses in matters which do not concern them. Left with no option, the residents have
alerted Fefe that they are going to Court to file a case against the district and Fefe for refusing to release
information about the refinery project. Fefe has informed the residents that they have no legal standing to
commence legal action against him and the district. On another note, Messe who has just returned from the
United Arab Emirates intends to establish a soap making factory in Kawu village which is located in Kayo
district. The excited residents of Kawu village have advised Messe to commence with the project
immediately so that they can take advantage of the prospective employment opportunities. Zizu who is a
former classmate of Messe has pleaded with him to first undertake and assessment of the potential effects
of the proposed factory project on the environment. Shocked by Zizu’s pleas, Messe has insisted that such
an assessment is not necessary because it is not even founded on any law.

Raise all the legal Issues in the above problem and advise the parties accordingly. (30 Marks)

Question Twenty six:

International, regional and national environmental law substantially increased in the decades after the
Stockholm Conference on the environment. These decades of legal developments have led to the
emergence of basic principles of environmental protection that are recognized in international, regional and
national law, which have in turn informed the development of environmental law by giving meaning to
concepts not yet contained in formal legal instruments. Consequently, a number of selected environmental
law principles have been reproduced in domestic laws and thus have provided a foundation for many
environmental decisions. With reference to the above-mentioned, discuss the selected principles of
environmental law which have been incorporated within the provisions of the new National Environment
Act of 2019 and the Climate Change Act, 2022..
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Question Twenty seven:

Climate change is one of the world’s most important environmental challenges. Human or anthropogenic
activities have worsened an already bad situation by continuously contributing to the emission of
greenhouses gases (GHGs) which persist in the global atmosphere. Furthermore, GHGs also lead to global
warming and climate variability. With reference to the above statement, discuss the efforts being taken to
combat climate change globally and domestically within Uganda.

Question Twenty Eight.

Wetlands in Uganda are among nature's richest and most diverse ecosystems which form the interface
between land and water. Although wetlands are essential to maintain ecological processes they are
increasingly being depleted and many species are threatened with extinction due to habitat destruction,
over-exploitation and introduction of new inappropriate technologies. In light of the above statement,
discuss the following:

a) Why is the conservation of wetlands a common concern in Uganda?

b) What are the objectives of the Convention on Wetlands of International Importance especially as
Waterfowl Habitat (the Ramsar Convention) and how easy or difficult is it to reconcile those
objectives within the Ugandan context?

Question Twenty nine:

Environmental law has generally been central to Uganda’s efforts to implement a wide range of
environmental measures intended to protect flora and fauna. In other words, the government of Uganda just
like any other government uses environmental law to address issues such as pollution and climate change. It
has been suggested that environmental compliance and enforcement mechanisms can be effectively utilised
by governments as part of a comprehensive environmental conservation cycle. With reference to the above-
mentioned statement, examine the environmental compliance and enforcement mechanisms within the
provisions of the new National Environment Act of 2019.

GOOD LUCK AND MAY THE GOOD LORD BE WITH YOU.

Philippians 4:6, 7
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Do not worry about anything; instead, pray about everything. Tell God what you need, and thank
him for all he has done. Then you will experience God’s peace, which exceeds anything we can
understand. His peace will guard your hearts and minds as you live in Christ Jesus.

Question three

With the aid of relevant authorities, discuss the procedural and substantive environmental rights as
espoused in Environmental in law. (15 Marks)

Question four

An effective compliance and enforcement program of environmental laws and policies comes with
benefits to the public. With examples, discuss the components of an effective enforcement legal
program and the barriers to compliance in Uganda (15 Marks)

Question five

With the aid of relevant authorities and examples, discuss the following concepts of environmental
law;

a) Participatory principle (3 Marks)

b) Environmental monitoring (3) Marks)

a) Environmental Audits (4 Marks)

b) Verification, labelling and code of practice under management of Ozone Depleting Substances
and Products (5 Marks)

Question six

The new legal regime in the management of the Environment in Uganda elaborates the different
environmental crimes. With aid of authorities, discuss the different crimes as per the National
Environment Act No. 5 of 2019. (15 Marks)

Question Seven

The National Environment Act No. 5 of 2019 provides for special conservation areas of specific
species of flora and fauna. Describe the procedure how such areas can be declared by the Minister.
Page 23 of
(15 Marks) 3
Wish you all the best

QUESTION SIX

How useful are the common law torts of trespass, negligence and nuisance in the protection of the
environment. What are the advantages and disadvantages of using these environmental torts for
protecting the environment? (20 marks)

QUESTION SEVEN

Write short notes on the following:

a) Application of international environmental law in Uganda. (5 marks)

b) History environmental law in Uganda. (5 marks)

c) Environmental easement. (5 marks)

d) Environmental Substantive rights. (5marks)

Question one

Senchu Environmentalists (SE) is a nongovernmental organization involved in advocacy work and

ensuring that every person in Uganda, enjoys the right to a clean and healthy environment,
protecting the environment and defending the public in the use, management and preservation of
natural resources. On October 26, 2021, the Executive Director (ED) of Musege Construction Co.
Ltd (MCC), a new construction company approached the Chairman Local Council one of
Nsambya who purportedly issued him with an environmental and social impact assessment to
construct a fly over starting from clock tower 'Sawayakwini' in Kampala City. The ED is excited,
praised the chairman for being meticulous and a leader who does not delay procedures Sencnu
Environmentalists (SE) are furious about the actions of the Chairman. However, the ED and the
Chairman insist that Senchu Environmentalists (SE) have no capacity to sue and that all the
necessary procedures were followed to have the impact assessment as the project being worked on
is paramount. Advise the parties in this fact pattern(17.5 Marks)

Question two
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Mr. Zivuga, a young don in town is in the business of import and export of different materials. He
encroached on a swampy area around Ggaba for the construction of a structure that would be used
as a store for his metal waste particularly consisting of alleys of Tellurium, hallium and Antimony.
He is stuck on the way to maneuver about the store and have his businesses run as intended.
You're a junior lawyer working with Kay ay Yu Advocates, a firm in Kasanga, and you have been
tasked by the managing partner to draft a legal memorandum advising on how Mr. Zivuga can
utilize the premises (17.3 Marks)

Question three

With the aid of relevant authorities and examples, discuss the following principles of
environmental law;

a) Sustainable development (5 Marks)

b) Precautionary principle(4 Marks)

c) Participatory principle (3.5 Marky)

d) Public trust Doctrine (5 Marks)

Question four

The term sources of public international environmental law are used to mean two things: first, the
actual materials determining the rules applicable to a given international situation (the material
sources), and second, the legal methods creating rules of general application (the formal sources).
From the above, discuss the sources of domestic and international environmental law in Uganda.
(17.5 Marks)

Question five

Principle 16 of the Rio Declaration is instrumental in environmental protection as it provides thus:

"National authorities should endeavor to promote the internalization of environmental cost and the
use of economic instruments, taking into account the approach that the polluter should, in
principle, bear the cost of pollution, with due regard to the public interest and without distorting
international trade and investment."

With the aid of the relevant authorities, discuss the above principle and its relevance in Uganda's
economy. (17,5 Marks)
Page 25 of
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Questions Six

The common law principles are considered as one of the key tools of enforcing environmental
rights worldwide. Using relevant examples and authorities discuss the above tools by highlighting
their relevance in Ugandan environmental law. (17.5 Marks)

Question Seven

Discuss the various institutions that have been established by the current policy and legislative
framework to manage and protect the environment in Uganda and their different roles (17.5
Marks)

Question Eight

Write short notes on the following concepts as used in environmental law.

a) Environmental monitoring (3.5 Marks)

b) Public interest litigation(5 Marks)

c) Riparian Rights(4 Marks)

d) Restoration order (5 Marks)

QUESTION ONE

"Public interest litigation is an important aspect in the enforcement of public and community
environmental rights in Uganda; AS per Godfrey Nyakana -v- Attorney General".

With reference to the above statement, discuss the law establishing public interest litigation and
hurdles faced by the various environmental litigants. (30 marks)

QUESTION TWO

"Public trust doctrine (PTD) states that, the government is a trustee of all natural resources and
should not convey public resources to private enterprises as per the decision in the case of Illinois
Central Rail Road -v- Illinois Supreme Court of UK 146 US, 387 (1892)". This in Uganda has
been a mystery however much incorporated in Ugandan laws; the Constitution of the Republic of
Uganda, National Environment Act and many more.

Using relevant authorities analyze the above assertion. (20 marks) Page 26 of
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QUESTION THREE

Identify and discuss the legal procedures for Environmental Impact Assessment highlighting the
roles of public participation in the process. (20 marks)

QUESTION FOUR

Discuss, with reference to statutory and judicial authorities, at least four guiding principles of
environmental governance in Uganda highlighting their specific relevance to environmental
sustainability in Uganda (20 marks)

QUESTION FIVE

Discuss the various remedies that either statutes or court can grant to enforce environmental law in
Uganda. Specific reference should be made to the various environmental statutes and Court
decisions. (20 marks)

Wisha, tobacco and other narcotic substance. The hotel's sewerage system broke down two years
ago and since then, sewerage has been flowing from his premises into the neighborhood. Despite
the repeated complaints from Wankoko's neighbors, Wankoko has not taken any steps to remedy
the situation of bath the Bar and Hotel. Wankoko claims that he was the first person to build in that
neighborhood two years ago before any of the complainants involved there, so the neighbors
should bear with whatever takes place. Because of the continued flow of sewage from Wankoko's
hotel, many children in the neighborhood have fallen sick and livestock has also been lost. The
smoke and noise too have greatly affected them. The neighbors are now seeking compensation
from Wankoko who has in turn said that he will not offer them a single "coin' since he does not
determine which direction the smoke, sound and sewage takes or the affects.

Rise the legal issues involved in the problem and advise the parties accordingly

Question Two

Mr. Eddie Mutwe, an upcoming environmentalist is perplexed about the sources of environmental
law. Examine the various sources of both national and international environmental law and their
relevance to Uganda

Question Three

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"The environmental management principles contained under Principle 2 of the Rio Declaration on
Environment and Development 1992 are the only relevant principles I recognize". As per Ms.
Wanted, a Law Student of Kampala International University.

Principle 2 provides that;

States have, in accordance with the Charles of the United Nations and the principles of
international law, the sovereign right to exploit their own resources pursuant to their own
environmental and developmental polices, and the responsibility to ensure that activities within the
jurisdiction or control do not cause damage to the environment of other States or of areas beyond
the limits of national jurisdiction.

Identify and with domestic and international jurisprudence, explain the environmental
management principles contained in this paragraph and examining the veracity of Ms. Wante's
statement.

Question Four

Discuss the various institutions which have been established by the current policy and legislative
framework to manage and protect the environment in Uganda.

Question Five

"This revival of interest in the common law among free market environmentalists prompted some
more sophisticated arguments that the common law is inadequate to deal with modem
environmental problems from some authors. Others suggest that recognition of the common law's
strengths could reinvigorate or enhance existing environmental controls. Few, however, have
suggested that common law measures could replace the current reliance upon administrative
regulation" Jonathan H. Adler and Andrew P. Morriss, Symposium: Common Law Environmental
Protection - Introduction, 58 Case W. Res. L. Rev. 575 (2008)

ln light of the above quote discusses common law principles and their limits in environmental
justice. (15 marks)

Question six
Page 28 of
Discuss the following briefly 3
i. Easement and its use in environmental protection

ii. The relevance of at least three principles of environmental law to environmental protection in
Uganda

iii. One major environmental problem in Uganda and the role of law in solving same.

Question One

Byayanga Association, in Hoima District is comprised of local residents residing in the oil rich
Albertine region. These local residents are extremely upset because ChemCorp Inc., a large
chemical company has built an oil refinery in their area. This came as a shock to them as no
one consulted them in relation to these developments. Furthermore, when the local residents
contacted the District Environment Office, there was no evidence on file that any assessment
of the potential adverse effects of this project on this environment had been conducted.

In the mean time, ChemCorp Inc. 's new oil refining facility is producing loud noise and
emitting noxious fumes into the atmosphere. As a result, the locals are now suffering untold
headaches, nausea, skin infections, lung diseases, asthma, etc. The local residents are also
losing livestock and crops due to pollution from T ChemCorp Inc. 's new oil refining facility.
This trend of events has subsequently got the district health officials worried.

In a related incident, the Resident District Commissioner (RDC) of Hoima, has deployed
soldiers who have started chasing away the local residents from their land and homes to pave
way for the expansion of ChemCorp Inc.'s new oil refining facility. The RDC claims to be
acting on "orders from above" and has therefore informed the local residents that he will not
entertain any complaints from them. The RDC has further informed the residents that their
land and houses now belong to the government so it has been taken away to serve national
interests.

The local citizens led by their LC 5 Chairman have had protracted meetings with officials of
ChemCorp Inc. and the ministry of energy and mineral development, to avail them with a copy

Page 1 of 2
of production sharing agreement (PSA) that was signed between Uganda and ChemCorp Inc.
This requested was rejected by the above mentioned officials from ChemCorp Inc. and the
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ministry of energy and mineral development. With this information, the residents had hoped
to study it carefully and form an opinion.

The LC 5 Chairman has now suggested to the local residents that this matter should be
reported to "Fight for Earth" (FFE) an environmental NGO based in Hoima District. The LC 5
Chairman informed the residents that this NGO will in turn help them in filling a case in
Court. The RDC has informed the LC 5 Chairman and the residents that this move of theirs
will not succeed as NGOs are merely "barking dogs" which seldom bite.

Byayanga Association and the local residents have now approached you as an environmental
law student in the final year of study at university for advice.

Discuss the rights and liabilities of the above. Clear use of authorities shall earn you an extra
mark. (30 marks)

SECTION B: (Choose Any Two Questions)

Ouestion Two
The environmental law legal regulatory framework has elaborate provisions on environmental
rights. With reference to the above statement, discuss the following in the Ugandan context;

a) Environmental procedural rights. (10 marks)

b) Substantive environmental rights. (10 marks)

Ouestion Three

Write short notes explaining the following; (4 marks each)

a) Climate change

b) Nuisance and non-natural user of land pays principle

and public trust doctrine

d) The right to a clean and healthy environment and the right of access to justice

e) International instruments and Customary International Law as sources of International

Environmental Law

Page 30 of
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 Question Four

With reference to environmental Impact Assessment (EIA) in Ugandan context, discuss the
following;

a) The procedure of conducting an EIA. (15 marks)

b) Projects which require EIA. (5 marks)

Ouestion Five
Discuss the various general principles of International Environmental Law. (20 marks)

Question One:

Kazzo Republic is a country located in Central Africa and well-endowed with natural
resources, which include oil and gas. However, the following are the events which are
unfolding in Kazzo Republic:

a) Musoke is a resident of Wato village in Kiro Town Council and he brought onto
his land located in a residential area machines which manufacture polythene bags.
These machines make a lot of noise especially at night and also release a pungent and
toxic smell. This has left the residents irritated as they are denied sleep in the night and
their children have also developed skin and eye infections. Musoke has gone ahead to
inform his fellow residents that he moved to that area before all of them, so they should
bear with his actions.

b) The cabinet of Kazzo Republic recently passed a decision to vest ownership of

all natural resources on President Okeke. Thus, all trees, wild life, lakes, rivers,
swamps, minerals, oil, gas, etc, belong to the president and he may deal with them as
he so wishes. As a result, President Okeke has allocated part of Ngoro national park
which is home to rare species flora and fauna to an investor to set-up a tea plantation.

c) The investor is now in the process of setting up his plantation including a tea
factory and also encouraging the residents to encroach on other parts of the national
park to also plant tea as growets. The Kazzo Environmental Agency (KEA) has
approached this investor and informed him that he has not yet submitted a report to
KEA containing the positive and negative impacts of his project on the environment.
The investor has responded by informing KEA that the president exempted him from
such time wasting activities and after all, according to him, tea is also pan of the Page 31 of
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environment and not a danger to the environment. The investor has further informed
KEA that if "KEA is lucky" he will submit the report after he has begun operations.

d) The citizens are angry with the actions of their president and the investor and
have vowed not to allow such impunity to continue. They have vowed to file a case in
court challenging the national park give-away as it will not only endanger the survival
of their generation, but also that of future generations. The president and the investor
have laughed at these assertions of the residents wondering how one can sue for non-
existent generations.

e) The investor has further informed the citizens that there is no cause for worry as
he has lots of money to make good any environmental harm. The investor is also
willing to compensate all those who may be affected by his actions and has written to
KEA for options on how this may be done,

f) Musoke is an advocate of responsible moral conduct towards the environment

and he is disappointed that his best friend Wasswa has a strong belief that man is
superior to all other members of the eco-system. As such, Wasswa believes that man
has the authority to decide whether a monkey lives or dies or whether a swamp should
be reclaimed or not.

g) Wasswa is in the business of transportation of harzadous waste in Kiro Town

Council. His authorization permit from the Town Council Environmental Office
(TCEO) expired last week and upon applying for a renewal of his permit, he was
informed that he has to pay a security deposit to TCEO. Wasswa was informed by
TCEO that this security deposit would be used to compensate victims and restore the
environment should his activities cause pollution or loss of life and property. Wasswa
has protested against this move by the TCEO and has vowed not to pay this deposit.
Wasswa contends that he is a tax payer and also campaigned for the president's re-
election, so the government was supposed to clean up his mess in case he polluted the
environment.

Raise all the legal Issues in the above problem and advise the parties accordingly. (30
marks)

Question Two: Page 32 of

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 With reference to the legal framework on environmental rights in Uganda,
discuss the following;

a) Environmental procedural rights (10 marks)

b) Substantive environmental rights (10 marks)

Question Three:

Environmental ethics calls for responsible moral conduct towards man's interaction
with the natural and built environment, This in turn ensures human survival and
peaceful co-existence with other members of the eco-system at large. With reference to
environmental ethics, discuss the following;

a) The elements of environmental ethics (5 marks)

b) The levels of environmental ethics (7 marks)
c) The different philosophical traditions of environmental ethics
(8marks)

Question Four:

Write short notes on the following; (4 marks each)

a) Sustainable development and the polluter pays principle;

b) Environmental impact assessment and environmental audits;
c) Legal perspectives of climate change;
d) Environmental treaties and customary international law; and
e) Anthropocentricism and reductive analysis philosophical traditions.

Question Five:

Semafumu, a law graduate fresh from Uganda Christian University has been recruited as a
consultant by the government of Uganda. Thus, he has been assigned the task of developing a legal
framework for the management of the forestry sector in Uganda. Confused and perplexed on what
to do, Semafumu has now approached you for advice, which will guide him in undertaking his
assignment. Advise Semafumu? (20 marks)

SECTION A: (Compulsory) Page 33 of

3
Musege Tobacco Industries (MTI) is in the business of tobacco processing and cigarette
manufacture. MTI located in Karaka Town Council (KRC) has been conducting its
operations since 2002 and is one of the largest tax payers in Uganda. Due the increased
demand for cigarettes in Uganda and around the East African region, M Tl has stepped up
production of cigarettes and tobacco processing. This has turned out to be a night mare
for the residents of KTC who are now complaining of noise and air pollution due to the
activities of MTI. The residents allege that the air constantly smells of tobacco, they can
hardly breathe and sleep in the night and all their tenants have vacated their rental units
leading to a loss in income. In other words, the residents have accused the management of
MT! of violating their basic fundamental rights as enshrined in the Ugandan Constitution.
M Tl has repeatedly denied these claims by stating that all it activities are carried out in
accordance with the law.

The residents of KTC have also on numerous occasions complained to the Nationa
Environmental Agency (NEA) about the dangerous activities of MTI. The NEA has
always promised to do something in response to the complaints, but to-date nothing has
eve been done by the NEA to curtail the dangerous activities of MTI. This has greatl
angered the residents who now suspect that the NEA is complicit in the activities of MT!
During an LC meeting convened by the LC 1 Chairman, Mbappe who is a lawyer b
profession and also a resident of KTC advised his fellow residents that they should file a
case in court against M Tl and the NEA.
Consequently, a case has been filed in Court and MT I and NEA have been jointly sued
by the residents and are now required to file defences. MTI claims that it is wrongly
being sued by the residents of KTC since the framework law on the environment only
entitles the NEA and not the residents to sue for environmental breaches. On the other
hand, the NEA also claims that it's being wrongly sued by the residents of KTC since it
is not in the business of processing and manufacture of cigarettes. However, the
residents of KTC do not want to hear any of this and have advised MTI and the NEA to
wait for their day in Court where they will make all those submissions and assertions.

Raise all the legal Issues in the above problem and advise the parties accordingly. (30
marks)

SECTION B: (Choose Any Two Questions) Page 34 of

3
 Question Two:
In the context of environmental law, the separation of powers in Uganda ensures that
there is good governance and transparency in environmental management and
protection. Critically analyse this statement. (20 marks)

Question Three:
Discuss the guiding principles that are relevant in the development of a legal framework
for environmental management and also explain how they have influenced the
development of environmental law in Uganda. (20 marks)
question Four:

Write short notes on the following; (4 marks each)

a) Climate change
b) The philosophical traditions of environmental ethics
c) Impacts of oil and gas pollutants on the environment
d) Procedural environmental rights

e) Environmental law perspectives of trespass, non-natural user of land and nuisance

Question Five:

Explain the legal nexus between environmental law and the protection of selected basic
fundamental rights of Ugandans as enshrined in the 1995 Constitutions. (20 marks)

Question Six:

Discuss the various institutions which have been established by the current policy and legislative
framework to manage and protect the environment in Uganda. (20 marks)

Ques60n One

Highway Investnenb is a Ugandan company which was incorporated in 2015 dealing in the
manufacture and export of tobacco and cigarettes. Highway Investments is located in Kiwa Town
Council where the residents in the surrounding neighbourhood are concerned about its activities.
The residents ate complaining that:
Page 35 of
a) the machines used by the company make a lot of noise which is unbearable; 3
 b) the smell of tobacco engulfs the whole neighboumood especially in the night which make
breathing a problem;

c) the effuent from the company has contaminated water bodies and the soil making plant and
animal survival difficult and;

d) Pregnant woman and young children have been exposed to health risks as a result of the
activities of Highway Investments.

The residents of Kiwa town council have made several complaints to the Naional Environment
Agency (NEA) about the adivities of Highway Investments. However, the NEA has not made any
intervention in response to the complaints from Kiwa residents, Frustrated, the residents have now
approached Save Our Environment (SOE) a local NGO involved in environmental activism and
protection.

The residents of Kiwa town council and SOE have now resolved to file a case in court where they
will sue Highway
Investments and the NEA. The residents of Kiwa and SOE further resolved to sue Highway
Investments and NEA for

Page 1 of 2
violation of their environmental rights including praying to court to have the company relocated,
On hearing this development, the NEA is concerned that it is wrong for the residents and SOE to
consider adding them as a party to the suit since it is not NEA hat is involved the tobacco business
but Highway Investments. According to the NEA, they have tried to the best of their ability to
carry out their statutory mandate of protecting the environment around Kiwa town council. The
NEA further contends that suing them is not sustainable in law since under the National
Environment Act of 1995, it is in fact NEA and not the residents and SOWE who should be suing
Highway Investments. The NEA is also concemed that in case anybody was to sue, it should not
be SOE. According to the NEA, SOE is not a resident of Kiwa town council nor is SOE affeded
by the activities of Highway Investments. On the other hand, Highway Investments has denied
polluting the environment and violating the environmental rights of the Kiwa residents.

Raise all the legal Issues in the above problem and advise the parties accordingly. (30 marks)

SECTION B: (Choose Any Two Quesüons) Page 36 of

3
Ques60n Two:

In response to the challenge of safeguarding the biosphere, the international legal regime has
elaborated rules to protect the environment both within and outside the limits of state jurisdidion.
Thus, despite the rapid emergence of these rules, intemational environmental law has developed
some common features that differ from characteristics of oher intemational regimes. With
reference to the above, discuss the various origins of intemational environmental law. (20 mad(S)

Ques60n Two:

a) Discuss the various institutions which have been established by the current policy
and legislative framework to manage and protect the environment in Uganda. (10
marks)
b) the challenges facing the environmental sectorin Uganda. (10 marks)

Quesåon Four.

Write short notes on the following; (4 marks each)

a) Climate change
b) Sources of oil and gas pollutants
c) Substantive environmental rights
d) Environmental law as it evolved from the law of tott
e) Environmental Impact assessment

Ques60n Five:

Mugabe a law graduate fresh from Uganda Christian University has been recruited as a consultant
by the NGO Forum to assist the govemment of Uganda with developing a legal framework for the
management of the wild life sector. Confused and perplexed on what to do, Mugabe has now
approa&red you for advice and guidance as an expert in environmental law, what would be your
response to Mugabe? (20 marks)

SECTION A: (Compulsory)

Musege Tobacco Industries (MTI) is in the business of tobacco processing and cigarette
manufacture. MTI located in Karaka Town Council (KRC) has been conducting its operations
since 2002 and is one of the largest tax payers in Uganda. Due the increased demand forPage 37 of
cigarettes
3
in Uganda and around the East African region, MTI has stepped up production of cigarettes and
tobacco processing. This has turned out to be a night mare for the residents of KTC who are now
complaining of noise and air pollution due to the activities of MTI. The residents allege that the air
constantly smells of tobacco, they can hardly breathe and sleep in the night and all their tenants
have vacated their rental units leading to a loss in income. In other words, the residents have
accused the management of MTI of violating their basic fundamental rights as enshrined in the

Page 38 of
3
Ugandan Constitution. MTI has repeatedly denied these claims by stating that all its activities are
carried out in accordance with the law.
The residents of KTC have also on numerous occasions complained to the National Environmental
Agency (NEA) about the dangerous activities of MTI. The NEA has always promised to do
something in response to the complaints, but to-date nothing has ever been done by the NEA to
curtail the dangerous activities of MTI. This has greatly angered the residents who now suspect that
the NEA is complicit in the activities of MTI. During an LC meeting convened by the LC 1
Chairman, Mbappe who is a lawyer by profession and also a resident of KTC advised his fellow
residents that they should file a case in court against MTI and the NEA.
Consequently, a case has been filed in Court and MTI and NEA have been jointly sued by the
residents and are now required to file defences. MTI claims that it is wrongly being sued by the
residents of KTC since the framework law on the environment only entitles the NEA and not the
residents to sue for environmental breaches. On the other hand, the NEA also claims that it's being
wrongly sued by the residents of KTC since it is not in the business of processing and manufacture
of cigarettes. However, the residents of KTC do not want to hear any of this and have advised MTI
and the NEA to wait for their day in Court where they will make all those submissions and
assertions.

Raise all the legal Issues in the above problem and advise the parties accordingly. (30

marks)

SECTION B: (Choose Any Two Questions)

Question Two:
In the context of environmental law, the separation of powers in Uganda ensures that there is good
governance and transparency in environmental management and protection. Critically analyse this
statement. (20 marks)

Question Three:
Discuss the guiding principles that are relevant in the development of a legal framework for
environmental management and also explain how they have influenced the development of
environmental law in Uganda. (20 marks) Page 39 of
3
Question Four:

Write short notes on the following; (4 marks each)

f) Climate change
g) The philosophical traditions of environmental ethics
h) Impacts of oil and gas pollutants on the environment
i) Procedural environmental rights
j) Environmental law perspectives of trespass, non-natural user of land and nuisance

Question Five:
Explain the legal nexus between environmental law and the protection of selected basic fundamental
rights of Ugandans as enshrined in the 1995 Constitutions. (20 marks)

Question Six:
Discuss the various institutions which have been established by the current policy and legislative
framework to manage and protect the environment in Uganda. (20 marks)

Question One

Highway Investments is a Ugandan company which was incorporated in 2015 dealing in the
manufacture and export of tobacco and cigarettes. Highway Investments is located in Kiwa Town
Council where the residents in the surrounding neighbourhood are concerned about its activities. The
residents are complaining that:

e) the machines used by the company make a lot of noise which is unbearable;

f) the smell of tobacco engulfs the whole neighbourhood especially in the night which make
breathing a problem;

g) the effluent from the company has contaminated water bodies and the soil making plant and
animal survival difficult and;

h) Pregnant woman and young children have been exposed to health risks as a result of the
activities of Highway Investments.

Page 1 of
3
The residents of Kiwa town council have made several complaints to the National Environment
Agency (NEA) about the activities of Highway Investments. However, the NEA has not made any
intervention in response to the complaints from Kiwa residents. Frustrated, the residents have now
approached Save Our Environment (SOE) a local NGO involved in environmental activism and
protection.

The residents of Kiwa town council and SOE have now resolved to file a case in court where they will
sue Highway Investments and the NEA. The residents of Kiwa and SOE further resolved to sue
Highway Investments and NEA for violation of their environmental rights including praying to court to
have the company relocated. On hearing this development the NEA is concerned that it is wrong for the
residents and SOE to consider adding them as a party to the suit since it is not NEA that is involved the
tobacco business but Highway Investments. According to the NEA, they have tried to the best of their
ability to carry out their statutory mandate of protecting the environment around Kiwa town council.
The NEA further contends that suing them is not sustainable in law since under the National
Environment Act of 1995, it is in fact NEA and not the residents and SOWE who should be suing
Highway Investments. The NEA is also concerned that in case anybody was to sue, it should not be
SOE. According to the NEA, SOE is not a resident of Kiwa town council nor is SOE affected by the
activities of Highway Investments. On the other hand, Highway Investments has denied polluting the
environment and violating the environmental rights of the Kiwa residents.

Raise all the legal Issues in the above problem and advise die parties accordingly. (30 marks)

SECTION B: (Choose Any Two Questions)

Question Two:

In response to the challenge of safeguarding the biosphere, the international legal regime has elaborated
rules to prated the environment both within and outside the limits of state jurisdidion. Thus, despite the
rapid emergence of these rules, international environmental law has developed some common features
that differ from characteristics of other international regimes. With reference to the above, discuss the
various origins of international environmental law. (20 marks)

Page 2 of
3
Question Two:

c) Discuss the various institutions which have been established by the current policy and
legislative framework to manage and prated the environment in Uganda. (10 marks)
d) Discuss the challenges fadng the environmental sector in Uganda. (10 marks)
Question Four:

Write short notes on the following; (4 marks each)

f) Climate change
g) Sources of oil and gas pollutants
h) Substantive environmental rights
i) Environmental law as it evolved from the law of tort
j) Environmental Impact assessment

Question Five:

Mugabe a law graduate fresh from Uganda Christian University has been recruited as a consultant by
the NGO Forum to assist the government of Uganda with developing a legal framework for the
management of the wild life sector, Confused and perplexed on what to do, Mugabe has now
approached you for advice and guidance as an expert in environmental law, what would be your
response to Mugabe? (20 marks)

Question One:

After graduating from UCU law school, you join an environmental advocacy group dedicated
to protecting disadvantaged communities in Uganda from environmental pollution and
degradation. Your professional supervisor puts you in touch with your first client who is a
community-based association whose members include homeowners, tenants and farmers in
Kayunga Municipality, a predominantly mixed tribe community located in central Uganda.
They are extremely upset because UgaChem a large industrial chemical company, has
announced plans to build a new large chemical production facility (which will be the biggest in
East and Central Africa) on a large chunk of land which has been vacant for a number of years
and also located on the banks of river Kayunga Channel. Furthermore, UgaChem’s proposed

Page 3 of
3
new facility also lies within less than half mile from the neighborhood of the community-based
association, and the facility’s property line also boarders the only existing high school whose
students are drawn almost entirely from same neighbourhood.

UgaChem’s proposed new facility will produce artificial rubber, and these rubber products will
use inputs that include hydrochloric acid, benzene and other organic compounds. Once
constructed, UgaChem’s facility will likely include nuclear reactor towers that will discharge
volatile organic compounds through pipes to a large flames

and flares at the facility. Some fumes, including nitrous oxides, will simply escape into the air
as fugitive emissions. UgaChem’s facility will also draw water from the river Kayunga
Channel, use it in its production process, and then discharge the water back into the river
Kayunga Channel along with some production effluent.

UgaChem’s proposed new facility will generate a significant amount of rubber that will not
meet strict environmental standards and purity requirements synonymous with the rubber
industry. UgaChem’s plans to either sell the rubber as scrap to other rubber producers with less
demanding clients, or will simply burn the rubber on-site for energy production and recovery.
The members of the community based association have also complained that the proposed
production site of UgaChem’s new facility sits next to the river Kayunga Channel. As a result,
the land is frequently wet and marshy, and storm water runoff from the site flows directly into
the river Kayunga Channel. The members of the community-based association assert that this
area has a sizable biological community growing onsite such as rare fish species, plants which
include medicinal and herbal and other wetland/marshy plants, and migratory birds also use the
site as a breeding and roosting spot during migrations. Some of those birds are loved by
tourists and are also listed as either threatened or, in one case, endangered by international
Environmental Conventions.

The residents have further informed you that they have it on good authority that UgaChem
never conducted a study to determine if the proposed new facility will impact the ecosystem in
anyway, although UgaChem has always denied these claims. UgaChem has also informed the
members of the community-based association that it will keep them in the ‘dark’ about
whatever is going on with their proposed new facility since whatever will be done there is none
of their business. Confused and angered, many of the community-based association members

Page 4 of
3
 believe passionately that UgaChem’s proposed new facility will violate their rights
environmental legal entitlements and they are determined to pursue legal and administrative
remedies.

A few days after your meeting with the members of the community-based association, you get
a call from your best friend from UCU law school. She is now the new in-house environmental
counsel at UgaChem and she has received a notice/letter from the members of the community
based association. After perusing through the notice/letter that you helped the members of the
community-based association prepare, your friend amiably warns you that your clients have no
chance of succeeding.

Raise all the legal Issues in the above problem and advise the parties accordingly. (30 marks)

SECTION B: (Choose Any Two Questions)

Question Two:

In the context of environmental law, the separation of powers means that in Uganda we need a
transparent system that appropriately and adequately facilitates the protection and sustainable
management of the environment. Critically analyse the above statement. (20 marks)

Question Three:

Human beings cannot develop fully unless the environment has been adequately protected.
Therefore, in the wake of human rights promotions all over the world, the environment plays a
key role in human growth. With reference to the above statement, discuss and explain the legal
nexus between environmental law and the protection of fundamental human rights. (20 marks)

Question four:

Give a brief overview of the main sources in international environmental law by explaining and
discussing in particular the emergence of "soft law" and principles in international
environmental law and how this has influenced the development of this area of international
law. (20 marks)

Question Five:

Page 5 of
3
 Write short notes on any five of the following: (4 marks each)

i) Intergenerational equity and the precautionary principle

j) Environmental impact assessment
k) The International legal framework on climate change
l) Environmental Conventions and Protocols in international law
m) Anthropocentricism and reductive analysis philosophical traditions
n) The philosophical traditions of environmental ethics
o) Procedural environmental rights
p) Environmental law perspectives of trespass, non-natural user of land and nuisance

END

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