VICTORIA UNIVERSITY

SCHOOL OF LAW

NAME : BYARUHANGA ROBERT

REG. NO : VU-LLB-2201-0340-DAY

STUDENT NO : 22037820

YEAR : 3.3

COURSE UNIT :ENVIRONMENTAL LAW AND POLICY

LECTURER : COUNSEL MARY TWESIGOMWE

DATE : 9TH FEBRUARY 2025

FIRST COURSE WORK

The Government of Uganda is currently building huge

infrastructure projects to reduce carbon emissions. This has
led to land grabbing, displacements, and environmental
degradation. There has been no sufficient information to the
public regarding the environmental aspects of the project.
The ecological impact assessments are ineffective and un-
procedurally prepared. There is a public outcry and some
members of the society have secured a court injunction to
prohibit the implementation of the project.

The government has approached you to provide steps for

conducting an effective environmental impact assessment.

a. Explain briefly the substance of EIA report.

Environment Impact Assessment is a process of analyzing the

positive and negative effects of a proposed project, plan, or activity
on the environment. This may include studies on the weather, flora
and fauna, soil, human health including physical, social, biological,
economic and cultural impacts. It is one of those measures taken to
ensure that development is sustainable.1

To whom is EIA written?

EIA is made for the:

i) developers /Project Proponents;
ii) Project Approving Agency /lead agency;
iii) Public; and
iv) Private sector including bankers or financiers

If written for the public, an EIA must be in a language simple and

brief enough to be understood by the ordinary person, otherwise it
will not serve its purpose. Its purpose is to inform these actors about
the project, its environmental consequences, environmentally
friendly options and why the project is preferred to those options.

If an EIA is meant to inform, it must be written in a simple and brief

language, in a fully representative format. If meant for the
developer, it must be formatted in such a way that complicated
scientific and other technocratic information is easy to digest.

EIA must contain enough information to enable decision-makers to

make a well-informed decision, or else it can be challenged in courts
as being inadequate.

Functions of EIA

i) The primary function of EIA is to avail to both the developer and

the authorities such as NEMA and the Town Planners, the
opportunity to choose projects with full knowledge of their impact
on the environment. It also enables the relevant authorities to
1
SUSTAINABLE DEVELOPMENT SERIES No.1. A GUIDE TO THE ENVIRONMENT IMPACT ASSESSMENT PROCESS IN
UGANDA By Kenneth Kakuru Rachel,Odoi Musoke and Irene Kyakuwaire
decide whether to allow the project to proceed or not. This will save
the developer time and costs that would have been incurred and
enables him to develop plans and policies for the mitigation of such
impacts.

ii) EIA enables developers and decision makers to predict and assess
the potential impacts of the project on the well-being of the natural
environment and also helps them identify alternatives through
recommending the implementation of appropriate modifications /
actions that integrate economic, social and environmental concerns.

iii) EIA can help improve the credibility and also portrays a good
corporate image for an organization as an environmentally
responsible organization to the general public including government
agencies and employees. For instance, the City Pharmacy uses
recycled paper for its packaging, MTN now uses environmental
friendly airtime cards which when disposed of, are not a threat to
the environment.

iv) The EIA process is also of great benefit to banks and other
financial institutions that extend credit to their clients. It is a means
by which the institution can protect its investment by ensuring that
the project fulfils all planning and legal requirements, particularly
with regard to environmental concerns.

There have been instances where credit has been extended to

developers with no assessment of the environmental impact and in
due course the project is stopped from operating for failing to meet
the requisite standards, with significant losses to the lending
institution. For example, The Freba Tannery pictured above in
Kakoba, Mbarara was closed down for failure to prevent pollution of
the environment by untreated effluent . An EIA would have
identified the need to put into place a system for the treatment and
disposal of effluent.
An EIA is also important to ensure the safety of both the workers
and the public.

v) An EIA is designed to enable the environmental effects of a

project to be weighed on a common yardstick with economic costs
and benefits. EIA is good for planners as it enables them to make
environmentally and economically viable decisions during planning
and to choose whether to continue or discontinue with such projects
that are likely to have an impact on the environment.

vi) It is a legal requirement for any project that is likely to have

adverse effects on the environment to carry out an EIA. Hence any
developer found to contravene the law will have legal action taken
against him or her.

LEGAL FRAMEWORK CONSIDERED IN AN EIA

The Constitution of the Republic of Uganda of 1995 provides

among its National Objectives For example (Objective No. XXVII)
states that:i) Utilization of natural resources shall be managed in
such a way as to meet the development and environmental needs of
the present and future generations of Uganda, particularly taking all
measures to prevent or minimize damage and destruction to land,
air, water resources resulting from pollution or any other kind of
natural resource degradation. ii) the state shall promote
sustainable development and public awareness of the need to
manage land, air and water resources in a balanced manner for
present and future generations. 2

Article 39,3 provides that every Ugandan has a right to a clean and
healthy environment. Article 237(b),4 in turn, provides that the
government or Local Government as determined by Parliament by
law shall hold in trust for the people and protect natural lakes,
2
The Constitution Of Republic Of The Republic Of Uganda 1995 As Amended
3
Ibidi
4
Ibidi
rivers, wetlands,forests, game and forest reserves, National Parks
and any land to be reserved for ecological and to touristic purposes
for the common good of all citizens. This right carries with it the
duty of the citizen to protect the environment.

The National Environmental Act Cap 181 Laws of [Link]

provides for public in-put in EIA, and environmental audits through
the rights to participate, to information and the general right to
bring actions to prevent or discontinue an activity or project with
effects that are harmful to the environment. It also empowers local
environmental committees to take action to redress local
environmental concerns.

The Statute creates a duty on the developer to take all measures

necessary to seek the views of the people in the communities,
which may be affected by the project during the process of
conducting the study.

Major provisions for the EIA process in the statute are contained
under section 1(r) that defines and sets out the role and procedures
of the EIA process for all activities likely to harm or have an impact
on the environment.

The EIA legal framework under the NES is summarized as

follows;

1. A developer of a project is required to submit a project brief to

the Lead Agency.

2. Where the development described in the brief is considered to

have or likely to have any impact on the environment, an EIA shall
be undertaken by the developer of the project.

3. Where the project is likely to have an impact on the environment,

an environmental impact evaluation shall be conducted.
4. Where an environment impact assessment finds that the project
will have a significant impact on the environment and after
considering the environmental impact review or the environmental
impact evaluation, an environmental impact study shall be
conducted.

-bring actions against any person whose activities are likely to have
a significant impact on the environment to prevent, stop or
discontinue such acts,
- to compel any public officer to take measures to prevent, stop or
discontinue such acts,
- request that a court order for taking measures that would ensure
that environment does not suffer damage is issued,

- and to ensure that such activities are subjected to environmental

monitoring.

The statute above provides Environmental Restoration orders

Section 70 obliges court in any proceedings brought by any person,
to issue an environmental restoration order against any person who
has harmed, is harming or is likely to harm the environment. An
environmental restoration order may act as an anticipatory measure
when used as a means of preventing persons from taking any action
which would or is reasonably likely to cause harm to the
environment.

The order is used as a means of redress when issued to cause

restoration of the environment as near as it may be to the state in
which it was before the action was taken; or when issued to award
compensation to persons harmed by the said action, or authorized
persons who have incurred costs in the restoration of the
environment.

However, where it is satisfied that an environmental impact review

or an environmental impact evaluation conducted does not disclose
possible significant impact on the environment, then the
environmental aspects of the project may be approved.

Implementation of the above summarized provisions can only be

possible if there are implemented regulations that are expressed in
a precise, practical and understandable manner.

The National Environment (Wetlands, Riverbanks and Lake-

Shore Management) Regulations, No.3 of 2000.

Provisions of the EIA under these regulations are contained in Part

IV. These provide that; a developer desiring to put up a project
which may have a significant impact on a wetland, riverbank or
lakeshore, is required to carry out an EIA [reg.34]. the developer
shall carry out annual audits and monitoring of such activities that
may impact on the environment and submit reports to the Executive
Director and the Lead Agency the Executive Director shall require
that a wetland, riverbank or lakeshore which has been degraded be
allowed to regenerate or issue an environment restoration order.

4. Where an inspector has reasonable cause to believe that any

person is violating the provisions as stated in these regulations, he
or she may issue against such a person an improvement notice or
take any measures as may deem appropriate.

Anyone who reclaims or drains a wetland: creels, constructs or

demolishes any structure that is fixed in or over a wetland; disturbs
a wetland, deposits in or under a wetland a substance in a manner
likely to have an adverse effect on it; destroys or damages a
wetland or fails or neglects to protect a lake shore or a river bank
from environmental degradation, commits an offence.

The National Environment (Waste Management

Regulations),No.52 of 1999.
Section 15 of these regulations requires that a waste treatment
plant or disposal site carry out an EIA in accordance with these
regulations before a licence is issued.
Sub section 2 of the same section, requires that an operator of a
waste treatment plant or disposal site carry out an annual audit of
the environmental performance of the site /plant and submit a
report to NEMA. Section 17 makes it mandatory for every person
who operates a waste treatment plant / disposal site to take all
necessary steps to prevent pollution from the site or plant, which
include among others, instituting mitigation measures. 2.5 The
Water Statute, No.9 of 1995.

This Statute does not expressly deal with EIA but has some
provisions that are related to EIA. These are contained in Division 4
of the statute and are laid out as follows:

Section 22 provides for the suspension or variation of a water permit

by the Executive Director where the water available in an area is or
is likely to become insufficient in quality or quantity for the needs of
the people using or seeking to use it. This may be done by notice in
writing to the holder of the water permit for that area.

Where the holder of the permit:

i) fails to comply with the provisions of the statute;
ii) fails to make beneficial use of the permit within the preceding
two years;
iii) uses water for purposes other than those for which the permit
was issued or more water than he is entitled to the Director may
cancel such a permit (sec. 25).

The Wildlife Statute Act Cap 315 (No. 14, 1996).

Section 16 of this statute requires a developer desiring to undertake

a project which may have a significant impact on any wildlife
species or community to carry out an EIA in accordance with the
National Environment Statute. Section 17 of the same statute
obliges the Uganda Wildlife Authority in consultation with NEMA to
carry out audits and monitor such projects that may have an impact
on wildlife.

The Land Act Cap 236, Act of 1998.

The Land Act does not expressly deal with EIA but has some
provisions that embrace it. It does however, regulate the ownership
of land and controls land use. Section 44 obliges any person who
owns or occupies land to manage and utilize it in accordance with
the Water statute, the National Environment Statute, the Forest Act
and any other law. Section 45 entrusts all natural resources to the
Government to hold for the benefit of the people. It also prohibits
the Government or local authorities from leasing out or otherwise
alienating natural resources.

Section 46 of the Act requires that any use of land should conform
with Town and Country Planning Act and other laws. An EIA is
therefore a useful tool to guarantee that the proposed land use does
not contravene any law.

The Investment Code, No. 18 of 1987.

This Code empowers the Uganda Investment Authority (UIA) to,

among other things, attract and coordinate all local and foreign
investments in the country to enhance economic development.
Section 19 of the code requires every investment licence to take
necessary steps to ensure that the operation of its business
enterprise does not cause any injury to the ecology or the
environment.

The Wetlands Policy, 1995.

This policy provides that all proposed modifications and restorations
on wetlands be subjected to EIA and that damaged wetlands be
rehabilitated in accordance with the findings of the EIA.

It also requires that all planned new wetland developments be

subjected to EIA to determine the environmental controls. Those
which have been subjected to EIA will continually be monitored to
assess their impact on the environment where the impact is
detrimental, government will quire that such development be
halted.

The Environment Impact Assessment Regulations, No. 13 of 1998.

These regulations apply to;

i) all projects included in the Third Schedule to the statute

ii) any major repairs, extensions or routine maintenance of any

existing project which is included in the Third schedule to the
statute.

b. Prepare an Environmental Impact Assessment and submit

it to the Attorney General for further management.

SCOPE

1. to all areas which are within the limits of national jurisdiction of

Uganda; and

2. to the activities carried out under the jurisdiction or control within

the area of its national jurisdiction or beyond the limits of its
national jurisdiction.
OBJECTIVES

1. to enhance environmental protection;

2. to foster the conservation and sustainable use of natural

resources and

3. to harmonize and coordinate policies in these fields with a view

to achieving ecologically rational, economically sound and socially
acceptable development policies and programmes.

PRINCIPLES

In taking action to achieve the objectives of this EIA Report and

implement its provisions, the Parties shall be guided by the
following:

1. the right of all peoples to a satisfactory environment favourable

to their development;

2. the duty of States, individually and collectively to ensure the

enjoyment of the right to development;

3. the duty of States to ensure that developmental and

environmental needs are met in a sustainable, fair and equitable
manner.

FUNDAMENTAL OBLIGATION

The Parties shall adopt and implement all measures necessary to

achieve the objectives of this Convention, in particular through
preventive.

AFRICAN CONVENTION

on the Conservation of Nature and Natural Resources,measures and

the application of the precautionary principle, and with due regard
to ethical and traditional values as well as scientific knowledge in
the interest of present and future generations.
Introduction.
The environmental baseline information collected and the project
description discussed form the basis for impact identification and
evaluation. The impacts that are expected to arise from the project
could either be termed as positive or negative, direct or indirect,
short-term or long-term, temporary or permanent depending on
their nature, area of coverage and their duration in the environment
and have been identified in all the phases of the proposed project
cycle namely; construction, operational and decommissioning.

Proposed project context, conditions and neighbourhood.

The proposed project to reduce carbon emissions in Uganda water

may be in question and may lead to water borne diseases. Access to
and use of water are fundamental to human survival, health, and
productivity .The indivisibility of these functions of water to support
human well-being lies at the heart of a holistic view of the resource
and the need to assure its sustainability and that of the environment
dependent upon it, for all those living today and for future
generations.

The assessment there were no ecosystems of

historical/ecological/archaeological importance that are threatened
by the establishment and operation of the proposed project to
reduce carbon emissions. The proposed project site blends well with
the neighbourhood. There was no adverse land-use activities such
waste disposal particularly solid and waste water in close proximity
to the proposed project. During assessment, there was no
sensitization among-st the society and the population at large.
Vegetation has been cleared to pave way for drilling of the proposed
project and has affected the population thus leading to to land
grabbing, displacements, and environmental degradation.

IMPACT ASSESSMENT:
Identification and evaluation of potential environmental
impacts, including positive and negative effects.

This has led to land grabbing, displacements, and

environmental degradation. Article 237(1), 5 states that land
belongs to the citizens of [Link] should be remembered that
government does-not own land but it holds some land in trust of
Ugandans. The government is abusing the rights of people by land
grabbing people’s land as provided in the facts thus prompting
people of the public to put an injunction as provided in Section
4(2),6 A person has a right to bring an action before a competent
court for for any infringement of rights of nature under this Act.
Notably the evictions by the government of Ugandans involve use of
force, brutality, demolition of structures, destruction of plantation
and other developments, creating economic impact, their human
rights are violated or their developments are most often not valued
or compensated which shouldn’t include value of Land.

The facts are similar to a pending case of Mbabazi and Others v.

The Attorney General and National Environmental
Management Authority,7 Civil Suit No. 283 of 2012 In 2012,where
the plaintiffs sought declaratory and injunctive relief on behalf of
four Ugandan minors. They argue that Article 237.8 of the Ugandan
Constitution makes the government of Uganda a public trustee of
the nation's natural resources—including its atmosphere and that
Articles 39 and 237,9 require the government to preserve those
resources from degradation for both present and future generations.
Citing multiple examples of damage and loss of life resulting from
extreme weather events, the plaintiffs allege that the government
has breached its constitutional duty. In addition to asking the court
to declare that the government is violating its public trust duty by
5
The Constitution Of The Republic of Uganda 1995 As Amended.
6
The Environmental Act Cap 181
7
Civil Suit No. 283 of 2012
8
The Constitution of The Republic Of Uganda 1995
9
Ibidi
not addressing climate change and thereby failing to prevent
present and future harms, the plaintiffs request several forms of
injunctive relief, such as orders compelling the government account
accurately for nationwide greenhouse gas emissions and developing
a plan to mitigate those emissions. Therefore the projects that going
on infrastructure/ project are illegalities and thus breach to the
Constitution of the Republic of Uganda 1995 As Amended.

It is stated in the facts that “There has been no sufficient

information to the public regarding the environmental
aspects of the [Link] government abused the rights of
minorities of Uganda during and in the process of the on-going
construction. Article 36.10 provides for the Protection of rights of
minorities and therefore states that Minorities have a right to
participate in decision-making processes, and their views and
interests shall be taken into account in the making of national plans
and programmes. Hence this project is a segregative to the
members of the public who were not consulted yet Article 38(1).11
which states Civic rights and activities(1)Every Uganda citizen has
the right to participate in the affairs of government, individually or
through his or her representatives in accordance with law.(2)Every
Ugandan has a right to participate in peaceful activities to influence
the policies of government through civic organizations.

Section 112, defines ecosystem as ecosystem services are the

direct and indirect economic,social and environmental benefits
obtained from the correct functioning of ecosystems,including
watershed regulation,maintenance of biodiversity and carbon
sequestration,for human well being; As per the facts,the ecological

10
The Constitution Of The Republic Of Uganda 1995 As Amended
11
ibid
12
The Environmental Act Cap 181
impact assessments are ineffective and u-procedurally
prepared. Section 4(3),13 Government shall apply precaution and
restriction measures in all activities that can lead to the extinction
of species, the destruction of the ecosystems or the permanent
alteration of of the natural cycles. The Government of Uganda has a
duty to create, respect, protect and promote a descent, clean and
sustainable environment pursuant to Article 20(1),14 and Section
3(2).15 It is also upon the government of Uganda to ensure that the
principles of environmental management set out in Section 5,16 are
observed and the attempt to construct the infrastructure (project) is
an abuse of nature

In addition to the above,it is also the duty of the government of

Uganda to conserve the cultural heritage and use the environment
and natural resources of Uganda for the benefit of both present and
future generations; Objective XIlI of the Constitution of the
Republic of Uganda, 1995 provides that “the Government is
mandated to protect important natural resources, including land,
water, wetlands, minerals, oil, fauna and flora on behalf of the
people of Uganda” stated in the case of Nyakaana vs National
Environment Management Authority & Ors (Constitutional
Appeal,17 No. 5 of 2011) [2015] UGSC 14 (20 August 2015)

4. Mitigation measures: Recommendations for minimizing or

avoiding adverse environmental impacts.

Using ADR on the on the issue of land grabbing,

displacements, of the people of Uganda. and environmental
degradation.

13
The Environmental Act Cap 181
14
ibidi 1
15
ibidi 2
16
ibidi 3
17
No. 5 of 2011) [2015] UGSC 14 (20 August 2015)
“Land grabbing,” as the practice is commonly known, refers to
“[t]he acquisition of land by a public, private enterprise, or
individual in a manner that is illegal, fraudulent, or unfair, taking
advantage of existing power differences, corruption, and breakdown
of law and order in the society.18 Land disputes are some of the
trickiest obstacles to transitional justice today. For many
communities seeking to rebuild from armed conflict and mass
displacement, real estate functions not only as the socio-cultural,
economic, and political bedrock of society, but also as a wellspring
of vulnerability, insecurity, and crime.19

I recommend the government to use ADR in a way of mitigating the

people that were impacted by the project infrastructures. In recent
decades, the field of alternative dispute resolution (ADR) has grown
beyond its civil and juvenile origins and is now practiced in a variety
of misdemeanor and property cases in jurisdictions worldwide. 20

The Government of Uganda, should use ADR because it may

enhance existing local dispute resolution systems by confronting
both the criminal and civil sides of a land grabbing that happened
during the project . Hence To be effective, the government’s use of
ADR must be complemented by clear policy protocols,land
rights,environmental methods, community-wide land

18
SAMUEL MABIKKE, ESCALATING LAND GRABBING IN POST-CONFLICT REGIONS OF
NORTHERN UGANDA: A NEED FOR STRENGTHENING GOOD LAND GOVERNANCE IN ACHOLI
REGION 15 (Land Deal Politics Initiative 2011).

19
INTERNATIONAL JUSTICE MISSION, PROPERTY GRABBING FROM UGANDAN WIDOWS AND
THE JUSTICE SYSTEM: A MIXED-METHODS ASSESSMENT IN MUKONO COUNTY, UGANDA 17
(2004); see also INTERNATIONAL CENTER FOR TRANSITIONAL JUSTICE (ICTJ), Transitional Justice and
Displacement: Challenges and Recommendation (2012), [Link] ult/files/ICTJ%20and
%20Brookings-LSE%20Transitional%20Justice%20and%20Displacem ent%[Link].

20
See Mark S. Umbreit et al., Victim-Offender Mediation: Three Decades of Practice and Research, 22
CONFLICT RESOL. Q. 279, 281 (2004) (describing more than 300 such programs in the United States and over
1,200 similar programs throughout Europe, Canada, Israel, Japan, Russia, South Korea, South Africa, South
America, and the South Pacific); see also American Bar Association (ABA), Mediation in Criminal Matters: An
ABA Enterprise Project, Survey of ADR and Restorative Justice Programs (2016),
[Link]
documentation, and quality control mechanisms for state and
traditional land administrators and be facilitated by patient and
skillful mediators that will create a positive gab between the on-
going project and the people of Uganda.

Environmental Degredation.

The government of Uganda can help mitigate land degradation by

implementing comprehensive policies that promote sustainable land
management practices, such as reforestation, agroforestry, and soil
conservation techniques especially in the area of the Uganda that
was affected by degredation. By providing financial incentives,
technical support, and education to local farmers and communities,
the government can encourage the adoption of environmentally
friendly agricultural practices that enhance soil health and
productivity. Additionally, enforcing land use regulations to prevent
over-exploitation and promoting community-based land
management initiatives can empower local populations to take an
active role in preserving their land.

5. The government should use(Sustainable Development

Goals) SDG’s for minimizing or avoiding adverse
environmental impacts as to no sufficient information to the
public regarding the to environmental aspects of the
project.

I recommend the government to use The participatory principle

that involves the participation of the public in environmental affairs.
This enables the public to know what the decision making processes
are, what decisions are being contemplated, the alleged factual
bases for proposed and accomplished governmental actions, and
other aspects of governmental processes.
Public participation is essential to sustainable development and
good governance in that it is a condition for responsive, transparent
and accountable governments. It is also a condition for the active
engagement of equally responsive, transparent and accountable
Civil Society Organisations (CSOs) and Non Governmental
Organisations (NGOs). Public participation in the context of
sustainable development requires effective protection of the human
right to hold and express opinions and to seek, receive and impart
ideas.

Hence being a proper recommendation to avoiding adverse

environmental impacts as to no sufficient information to the public
regarding the to environmental aspects of the project. It also
requires a right of access to appropriate, comprehensible and timely
information held by the governments and industrial concerns on
economic and social policies regarding the sustainable use of
natural resources and the protection of the environment, with out
imposing undue financial burdens upon the applicants and with
adequate protection of privacy and business confidentiality. Public
participation also requires access to effective judicial and
administrative process. The participatory principle is provided for
under sections 5(2)(a), 5(2)(i), 50 and 51(2)(a-b), 21 . In many
countries, public participation rights are granted through
Environmental and Social Impact Assessment procedures with broad
public participation or various sectoral laws adapted to the special
circumstances of each sector.22 Several International instruments
provide for public participation in environmental affairs, these
include: The Rio Declaration under principle,23 the 1992
21
The National Environment Act (NEA) 2019
22
For example, the Memorandum of Understanding (MOU) of October 22, 1998, between Uganda, Kenya and
Tanzania. This MOU contains an agreement of the three states to develop technical guidelines and regulations on
EIA procedures, including enabling public participation at all stages of the process and to enact corresponding
legislation (Article 14).

23
Which provides that: “Environmental issues are best handled with the participation of all concerned citizens, at
the relevant level. At the national level, each individual shall have appropriate access to information concerning
the environment that is held by public authorities, including information on hazardous materials and activities in
United National Framework Convention on Climate Change
(UNFCC);24 and the 1994 Desertification Convention.25

Public consultation is crucial in any development agenda. SDG’s

treats the environment as one entity as opposed to the previous
statute(NEMA Act Cap 181 Laws Of Uganda) where each segment of
the environment had its own laws. This SDG’s have been based
upon the principle that local communities have a right to participate
in making decisions on matters that have significant effect on the
environment. The information obtained from both field visits and
public consultations formed the basis for incorporation of public
views into this EIA report. In this public participation, questionnaires
were administered randomly to the immediate neighbors of the
facility.

The ecological impact assessments are ineffective and un-

procedurally prepared.

I would recommend the government to build a ground at an affected

place for a proposed site that has a permitting drainage. The
government on ecosystem should the re-establishment the
operation project site blends well with the neighbourhood such that
waste disposal particularly solid and waste water in close proximity
to the proposed project for the affected ecological impact
assessment that was ineffective and un-procedurally. The
government should assess that there is no sensitive/endangered
flora and fauna at the proposed project site and as discussed above
about the SDG’s no vegetation should be cleared to pave way for

their communities, and the opportunity to participate in decision-making process. States shall facilitate and
encourage public awareness and participation by making information widely available. Effective access to judicial
and administrative proceedings, including redress and remedy, shall be provided.”

24
Article 4 (1) (i)

25
Article 3 (a) (c)
project unless if government will put measures to replace that
vegetation.

Conclusion

According to the Environmental Impact Assessment research, the

project will have both positive and negative effects throughout its
execution. There are also minor environmental implications since
the government’s construction on the issue of land grabbing have
been elaborated, more so impact such as water quality, air quality,
and noise annoyance are just transient and are confined to the
duration of the building operation. During the operating phase, the
government should use the Quantitative Risk Assessment revealed
EIA Report and acceptable within permitted limitations as provided
in the law above. Other environmental ecological impacts such as
water pollution, noise pollution, and air pollution, will become
negligible if adequate mitigation measures are put in place. The
above EIA report to the government will give the essential tools
needed to assure the project's effective execution with minimal
impact.

BIBILOGRAPHY

References

 The Constitution of The Republic Of Uganda 1995 As Amended

Statutes

 The National Environmental Act Cap 181

 National Climate Change Act Cap 182

 Uganda WildLife Act Cap 236

Case Laws
 Mbabazi and Others v. The Attorney General and National
Environmental Management Authority, Civil Suit No. 283 of 2012
In 2012.

 Nyakaana vs National Environment Management Authority & Ors

(Constitutional Appeal,No. 5 of 2011) [2015] UGSC 14 (20 August
2015)

Law Reports

 SUSTAINABLE DEVELOPMENT SERIES No.1. A GUIDE TO THE

ENVIRONMENT IMPACT ASSESSMENT PROCESS IN UGANDA By
Kenneth Kakuru Rachel,Odoi Musoke and Irene Kyakuwaire

 AMUEL MABIKKE, ESCALATING LAND GRABBING IN POST-

CONFLICT REGIONS OF NORTHERN UGANDA: A NEED FOR
STRENGTHENING GOOD LAND GOVERNANCE IN ACHOLI REGION
15 (Land Deal Politics Initiative 2011).

 INTERNATIONAL JUSTICE MISSION, PROPERTY GRABBING FROM

UGANDAN WIDOWS AND THE JUSTICE SYSTEM: A MIXED-
METHODS ASSESSMENT IN MUKONO COUNTY, UGANDA 17
(2004); see also INTERNATIONAL CENTER FOR TRANSITIONAL
JUSTICE (ICTJ), Transitional Justice and Displacement: Challenges
and Recommendation (2012), [Link]
ult/files/ICTJ%20and%20Brookings-LSE%20Transitional
%20Justice%20and%20Displacem ent%[Link].

 See Mark S. Umbreit et al., Victim-Offender Mediation: Three

Decades of Practice and Research, 22 CONFLICT RESOL. Q. 279,
281 (2004) (describing more than 300 such programs in the
United States and over 1,200 similar programs throughout
Europe, Canada, Israel, Japan, Russia, South Korea, South Africa,
South

 America, and the South Pacific); see also American Bar

Association (ABA), Mediation in Criminal Matters: An ABA
Enterprise Project, Survey of ADR and Restorative Justice
Programs (2016),
[Link]
naljustice/[Link].