A REVIEW OF LEGAL, POLICY AND STRATEGIC FRAMEWORK FOR COMMUNITY PARTICIPATION IN ENVIRONMENTAL MANAGEMENT IN UGANDA Despite the fact that Uganda has experienced continued economic over the last years. Many environmental challenges continue to exist that clog development progress. Many of these challenges are experienced through unfolding in various sectors including the: forest, energy, water, agriculture and other areas which are relevant to the countries socioeconomy. The challenges also are related to climate change and gender issues. The main challenge has however been that of involving the people adequately and meaningfully in environmental management. The Uganda government has however put in place many measures aimed at promoting environmental management through meaningful community participation. This has been through the formulation of various legal, policy and strategic frameworks aimed at ensuring community participation, equitable resource distribution and gender equity in environmental management. This paper therefore looks at the frameworks in various sectors of the socioeconomy. This includes in the water, forest, energy and agriculture sectors. It also looks at those addressing issues of gender and climate change that continue to affect people and the environment. The paper also looks at those that are pertinent to national development.

1. A REVIEW OF LEGAL, POLICY AND STRATEGIC FRAMEWORK FOR COMMUNITY
PARTICIPATION IN ENVIRONMENTAL MANAGEMENT IN UGANDA
BY
CAXTON GITONGA KAUA
Caxtonk2008@yahoo.com
WANGARI MAATHAI INSTITUTE FOR PEACE AND ENVIRONMENTAL STUDIES

2. A REVIEW OF LEGAL, POLICY AND STRATEGIC FRAMEWORK FOR COMMUNITY
PARTICIPATION IN ENVIRONMENTAL MANAGEMENT IN UGANDA
There are various laws, policies and strategic plans that are geared towards providing n
enabling environment for peoples’ participation in environmental management in Uganda.
This paper reviews the various laws, policies and strategies geared towards this.
The national constitution of Uganda
The national constitution of Uganda, in objective xxvii, provides for the sustainable
utilization of Ugandas natural resources. It also empowers the state including the local
governments to ensure the conservation of national resources and protection of Ugandas’
biodiversity. In article 245 it empowers parliament to make laws for inter alia the
sustainable management of the environment. Article 237 enjoins parliament to make laws
empowering the local and national governments to protect and hold in trust for the people
of Uganda the national parks, game reserves, forest reserves and any other area to be
preserved for ecological and touristic purposes for their common good.
The constitution advocates for the right to development and recognizes the role of all
people in the development process. In doing this it also calls for balanced and equitable
development and for the protection of natural resources. The constitution also aims at the
achievement of food and nutrition security and access to clean and safe water. The
constitution confers on all Ugandan the right to a healthy and safe environment.
The constitution also provides for the formation of local government and the
decentralization of authority. It promotes the protection and preservation of the
environment, its management for attainment of sustainable development and calls for
environmental awareness creation. The constitution also addresses the plight of women
by according them full and equal dignity as men. It mandates the state to provide facilities
meant to enable women to realize their full potential and advancement.
The national environment management policy, 1995
This policy sets out the overall policy goals, objectives and principles for environmental
management in Uganda. The overall goal of the policy is sustainable social and economic
development which maintains or enhances environmental quality and resource
productivity on a longterm basis.
This is in a manner that meets the needs of the present generations without compromising
the ability of future generations to also meet their own needs. The policy allows for the
formulation of sectoral or lower level policies concerning the environment and natural
resource management.
One of its principles states that effective involvement of women and youth in natural
resource policy formulation, planning, decision making, management and program
implementation is essential and should be encouraged. It provides for the integration of
gender concerns in environmental policy formulation, planning, decision making and

3. implementation at all levels to ensure sustainable socioeconomic development that meets
the needs of the present and future generations.
The national environmental statute, 1995
The statute provides for the sustainable management of the environment. It provides for
the sustainable use of biodiversity and the environment. The statute encourages the
maximum participation of the people of Uganda in issues related to the management of
the environment. It makes very deliberate provisions for community participation in
reforestation and afforestation activities and charges local communities with the duty of
public participation by encouraging voluntary self-help to plant trees.
The statute protects the traditional uses of forests that are indispensable to the local
communities and are compatible with the principle of sustainable development. The
statute also provides for the establishment of the national environment management
authority which is empowered to issue guidelines for conservation. It also provides for
environmental regulation through inter alia environmental impact assessment,
environmental audit and environmental monitoring.
The national environment act
The act provides for the sustainable management of the environment. It also provides for
establishment of an authority to act as a coordinator, monitor and supervisory body for
that purpose and for other related matters. The authority established under the act will
ensure that environmental management principles are observed. These principles include
encouraging maximum participation of people in the development of policies, plans and
processes for the management of the environment and the equitable use of the Uganda
natural resources.
It also has principles geared towards conserving of the cultural heritage and the
environment and natural resources of Uganda sustainably, to reclaim lost parts of the
ecosystems where possible and revers degradation of natural resources and to ensure
that environmental awareness creation is treated as an integral part of education at all
levels. It also has a principle to promote international cooperation between Uganda and
other states in the field of environment.
The Uganda climate change policy, 2012
This policy ensures a harmonized and coordinated approach towards a climate resilient
and low carbon path for sustainable development in Uganda. The overarching objective
of the policy is to ensure that all stakeholders address climate change impacts and their
causes through appropriate measures while promoting sustainable development and a
greener economy.
The policy has a number of specific objectives meant to support achievement of the
overarching objective. These include identification and promotion of: common policy
priorities to address climate change, adoption of policy responses, mitigation policy

4. responses and a monitoring, detection and prediction policy for Uganda. More so to
support the integration of climate change issues into planning, decision making and
investments for all sectors through appropriate institutional arrangements. The key
principles of the policy include communicating effectively and promoting participatory
approaches. There is the promotion of community based approaches to adaptation
The national water policy, 1999
This policy was adopted in 1999 and provides the overall policy framework for the water
sector. The policy promotes the principles of integrated water resources management as
a means of ensuring sustainable management and utilization of Uganda water resources.
The policy also recognizes water as both a social and economic good whose allocation
should give first priority to domestic water use. The principle is based on the principle of
some for all rather than all for some adopted from the 1990 New Delhi statement. It
emphasizes operation and maintenance as an integral part of all water and sanitation
programs and projects in order to ensure longterm sustainability. The policy also supports
the water resources management strategy contained in the water action plan.
The policy recognizes the importance of gender and states that women involvement in
design, construction and maintenance of water supply and sanitation should be supported
through training. It provides for the participation of women by specifying that women and
men should have an equal opportunity to participate fully in all aspects of community
based management. It emphasizes for a 50% representation of women in water user
committees in community based management systems.
The water act, 1995
This act provides the legal framework for use, protection and management of water
resources and supply. The water act, enacted in 1995, is the principle law for the water
sector and incorporates legislation for both the water resources management and water
supply and sanitation.
The act is a modern water law in that it is flexible allowing for changes to the regulations
as conditions change over time. It provides for delegation of powers and broad exceptions
from regulation. It provides for devolution of water supply and sewerage activities. The
basic foundation of the acts provisions is the balance between protecting the environment
and ensuring availability of water in sufficient quality and quantity to the population.
The water and sanitation subsector gender strategy (2010-2015)
It aims to empower women, men and the vulnerable groups by ensuring equity in access
and control of resources in the water and sanitation sector in order to reduce poverty.
This is to be done through integration of a gender perspective in the water and sanitation
policies and developing guidelines to operationalize gender in program planning,
implementation, monitoring and evaluation.

5. It aims at enhancing the capacity of the water and sanitation stakeholders for gender
mainstreaming, improving opportunities for men, men and the disadvantaged groups to
access water and sanitation facilities and to participate in their management. It also aims
at strengthening the collection, analysis, documentation and dissemination of gender
related information for enhancing the visibility of gender issues and achievements in the
sector. It also provides for promotion and building of partnerships with other institutions
for effective strategy implementation.
The water statute, 1995
It forms the basis of the water policy. It provides the framework for the use, protection and
management of water resources and supply. It guides the constitution of water and
sewerage authorities and facilitation of devolution of water supply and sewerage
activities. One of its guiding principles is to recognize the role women play in the provision
and maintenance of water.
The water action plan
The key strategy elements of the water action plan support an enabling environment for
water resources management. They guide institutional development and improvement of
planning and implementation capacity. They also prioritize water allocation and use.
The national wetlands policy, 1995
The policy aims at promoting the conservation of Ugandas’ wetlands in order to sustain
their ecological, social and economic functions for the present and future generations. It
aims at curtailing the rampant loss in wetland resources and ensures that the benefits of
wetlands are sustainable and equitably distributed to all the people of Uganda.
It thus calls for sustainable wetland use, environmentally sound wetland management
and equitable distribution of benefits. It calls for the application of environmental impact
assessment for all activities done on wetlands.
The policy sets five goals including establishing practices that reduce wetland
productivity, maintain wetland values and functions and integration of wetland concerns
into planning and decision making of other sectors. The three principles in pursuit of these
goals include that wetlands form an integral part of the environment and their
management must be pursued in the context of an interaction between conservation and
national development activities. Secondly that wetland conservation can only be attained
through an integrated approach and lastly that it is important to change the current
attitudes and perceptions of Ugandas’ wetlands
The national environment (wetlands, riverbanks and lakeshores management)
regulations, 2001
These regulations were created under section 8 of the environment statute. The principal
aim of the regulations is to ensure that wetland resources, river banks and lakeshores are
managed and utilized in a sustainable manner.

6. The Nile Basin cooperative framework agreement
It sets the guidelines for the Nile basin initiative. This initiative was launched by the Nile
council of ministers in 1999 recognizing the development challenges of the Nile basin. It
is an initiative of the Nile basin states. Through dialogue and negotiations at the highest
level, the Nile basin countries have agreed on a shared vision to achieve sustainable
socioeconomic development through equitable utilization of benefits emanating from the
common Nile water resources.
The environmental health policy, 2005
It is the national framework for provision of services and management of programs in the
health sector related to environment. One of its guiding principles is that interventions
should respond to the different needs of men, women and children while recognizing that
women are the main users of water and sanitation facilities. It further recognizes that good
sanitation is essential for improving women dignity and provides opportunities for women
to play a leading role in ensuring its achievement.
The environmental impact assessment regulations, 1998
These demand developers to undertake an EIA in development projects. They provide
for public participation in the EIA process.
The land act, 1998
The act provides for security of occupancy in a piece of land. It also provides for spousal
consent with respect to disposal of registered land on which a family depends on for a
livelihood. The act provides for different forms of land tenure including freehold, mailoland
and customary tenure.
The act obliges an occupier of a piece of land to utilize it in an environmentally sound way
and in accordance with the relevant laws. This reinforces other environmental
management laws.
The national biodiversity strategy and action plan, 2002
The national biodiversity strategy and action plan is the guiding framework for the
management of biodiversity and implementation of the convention on biological diversity
in Uganda. It overall vision is to maintain a rich biodiversity benefiting the present and
future generations for national development.
The action plan is guided by various key principles including that it is the responsibility of
every person in Uganda to fully participate and contribute to the conservation and wise
use of biodiversity. It also recognizes that a community based approach to natural
resource management is vital to successful conservation of biodiversity since it ensures
resource ownership.
The sharing of costs and benefits of biodiversity is noted as being vital for successful
conservation and wise use of biodiversity resources. Contribution between stakeholders

7. at all levels is recognized as being critical. It directs that decision making in planning for
biodiversity resources to be participatory. The importance of traditional and indigenous
technologies for biodiversity management is also upheld
Its overall goal is to enhance biodiversity conservation management, sustainable
utilization and equitable sharing of benefits arising from the utilization of biodiversity at all
levels. This overall objective is in turn supported by various specific objectives including
to develop and strengthen coordination of measures and frameworks for biodiversity
management, enhance awareness on biodiversity among all stakeholders, manage the
negative impacts on biodiversity, promote sustainable use and equitable sharing of
biodiversity and also to facilitate research and encourage information sharing and
exchange
The national forestry and tree planting act, 2003
It is an act that provides for the conservation, sustainable management and development
of forests for the benefit of the Ugandan people. It provides for declaration of forest
reserves for the purpose of protection and production of forests and forest produce. It
provides for sustainable use of forest resources and for the enhancement of the
productive capacity of forests. It also provides for the promotion of the tree planting.
The act consolidates the laws relating to the forest sector and trade in forest produce. It
sets the stage for the establishment of the national forestry authority.
The forest act, cap 246
The act provides among other things for the protection of forests through the creation of
forest reserves in which human activity is strictly controlled. The act is not a modern forest
law in that it does not provide for community participation.
The Uganda forest policy, 2011
The act lays emphasis on collaborative partnership with rural communities for sustainable
forest management. It seeks to promote innovative approaches for community
participation in forest management on both government and private forest land. It guides
the forest sector to integrate gender and equity in forest development, take into
consideration cultural and traditional attributes and institutions and also encourages the
role of CBOs and NGOs in forest management.
The national environment (Hilly and mountainous areas management) regulations
2000
These regulations provide for the participation of communities in environmental
management. The regulations give guidelines and measures relating among other things
to appropriate farming methods in hilly and mountainous areas. The regulations facilitate
sustainable utilization and conservation of resources in mountainous and hilly areas by
and for the benefit of the people and communities living in the area. The local

8. environmental committees are supposed to ensure that these guidelines are complied
with.
The wildlife statute, 1996
The statute repealed the national parks act cap 227 and game (preservation and control)
act cap 226. It gives a wider definition of wildlife as compared to the old legislations by
including plants. It provides for the protection of an area of local or national importance
because of its biological and natural heritage. It opens the arena of conservation to the
private sector by allowing the executive director of Ugandas’ wildlife authority to enter into
any suitable commercial or collaborative arrangement with any person for the
management of protected areas, to provide services there in and manage a species or
class of species of animals or plants.
Section 70(a) of the statute introduces the concept of benefit sharing with the local
communities surrounding wildlife areas. It allows for communities to own and have an
interest in protecting wildlife. Participation of local communities is guaranteed by the
requirement that a third of the Uganda wildlife authority board members should be local
community representatives. The act directs that where a minister needs to declare an
area as a wildlife conservation area the he or she must consult with the local communities
in the said affected area.
The plant protection act, 1964
The act provides for the prevention of introduction and spread of disease destructive to
plants and not necessarily for food and agriculture
The prohibition of burning of grass decree, 1974
It prohibits the burning of grass a common and often environmentally harmful practice
among farmers and pastoralists
The National agricultural advisory services (NAADS) act
The act provides for the formation of an organization known as The National agricultural
advisory services (NAADS), its composition, functions and administration. The national
agricultural advisory service program is an innovative public-private extension service
delivery approach with the goal of increasing market oriented agricultural production by
empowering farmers to demand and control agricultural advisory services.
The act mandates the agricultural advisory body to develop a demand driven and farmer
led agricultural service delivery system targeting the poor subsistence farmers
The Uganda national agricultural research policy, 2003
The mission of this policy is the generation and dissemination of appropriate safe and
cost effective technologies while enhancing the natural resource base. It states that the
countrys’ agricultural policy will be coined and put to priority with the participation of

9. stakeholders so as to ensure that the countries strategic, basic and adaptive research
interests are addressed.
The plan for the modernization of agriculture, 2000
This is a multisectoral framework geared towards moving Ugandas’ agriculture from a
subsistence level to a modern market oriented one. Its vision calls for effective utilization
of resources such as land, water and forests in a sustainable manner to that end. Its fourth
objective promotes sustainable use and management of natural resources by developing
a land use management policy and promotion of environmentally friendly technologies.
The plan calls for the participation of all men and women at all levels and the orientation
of all institutions to be gender responsive. The plan is also a strategic and operational
framework for poverty reduction.
The fish act, cap 197
The act makes provisions for the control of fishing, the conservation of fish, the purchase,
sale, marketing and processing of fish and matters connected thee with. It set the statage
for the formulation and implementation of the fish aquaculture rules, 2003 which guide
fisheries activities in Uganda.
Uganda energy policy, 2002
It aims to meet the energy needs for Uganda population for social and economic
development in an environmentally sustainable manner. Its objectives are to establish the
availability, potential and demand of various energy sources in the country and to
increase access to modern affordable and reliable energy sources as a contribution to
poverty eradication.
It also aims to improve energy governance, stimulate economic development and
manage energy related environmental impacts.
Renewable energy policy, 2007
It aims at providing a framework for increasing in significant proportions the contribution
of renewable energy in Ugandas’ energy mix from 4% in 2007 to 61% in 2017. This is by
among other things providing tax incentives on renewable energy technologies.
The policy spells out the governments’ commitments to the development and use of
renewable energy resources for both the small and large scale applications. It provides
for the creation of a renewable energy department. It also aims to promote the growing
of bioenergy crops, development of an appropriate legislation for biofuel production and
publish a standard power purchase agreement.
The electricity act, 1999
The act sets the legal basis for the electricity industry restructuring including the
establishment of an electricity regulatory authority.

10. The Uganda gender policy, 2007
It aims to establish a clear framework for identification, implementation and coordination
of interventions designed to achieve women empowerment in Uganda. The policy
requires ministries to translate it into sector specific strategies and activities, build
capacity, monitor and evaluate and commit resources for the implementation of these
activities among others.
The national development plan
This was the overall national planning framework. It sought to achieve the six national
objectives of uplifting household living standards, enhancing the quality and availability of
gainful employment, improvement of socioeconomic and trade infrastructure framework
countrywide, developing efficient innovative and internationally competitive industries,
developing and optimally exploiting the national resource base and ensuring economic
sustainability and lastly strengthening good governance and improving human security.
The Uganda Vision 2040
This is the development blueprint of Uganda up to the year 2040. It seeks to address the
development constraints of Uganda. Achievement of sustainable equitable development
is one of its principles. Other principles include good governance and balanced
development. Its main aim is to catapult Uganda into a middle income country by the year
2040.
The vision also envisages to attain gender equity and women empowerment for
socioeconomic transformation, sustainable utilization of natural resources and
environmental conservation. It also fosters participation in natural resource management.
The vison also aims to address climate change through the development of appropriate
adaptation and mitigation strategies.
On governance, the vision 2040 aspires to attain constitutional democracy, protection of
human rights, promotion of the rule of law, transparency and accountability. The vision
2040 provides for inclusiveness in its planning, implementation, monitoring and reporting.
This so as to ensure harmonized implementation thus development
The poverty eradication action plan
The plan is Ugandas’ comprehensive development framework which adopts a
multisectoral approach in recognition of the multisector nature of poverty. Its priority areas
include water and agricultural transformation
The decentralization statute, 1993
It is the legal framework for decentralization or devolution of power to the district and
lower levels of government. It provides for the establishment of district environmental
committees as a functional committee of the district council and provides for the

11. appointment of a district forest officer, a district environment officer and a district wetland
officer in every district.
The local government act, 1997
The act gives effect to the devolution of functions, powers and powers of all levels of local
government to enhance good governance and democratic participation and control of
decision making authority by the people. The law also provides revenue, political and
administration set up of the local governments as well as election of local councils. The
powers provided to the local councils include local level policy making, regulating delivery
of services and formulation of development plans based on locally determined priorities
among others.
The local government structure provided by the local councils provide an ideal structure
for the involvement of people in decision making. Being closer to the people they are used
by the authorities to help conserve the environment. The act therefore provides a
mechanism for popular participation in the conservation of natural resources
The act provides for the decentralization of the environmental services and also provides
for the establishment of the district environmental committees and other lower level
environmental committees. These committees are to be charged with the observance of
all activities that may an impact on the environment