Uganda’s Environmental Policy Architecture: A Call To Action

Published on 1st December 2014

By Morrison Rwakakamba, Chief Executive Officer, Agency for Transformation, an independent think and do tank based in Kampala, Uganda- www.agencyft.org at the 2014 Caritas Uganda Round Table on Environment.

I strongly hold that environment integrity matters. Environment defines us as a people. As a nation of farmers, we interact with the environment on a daily basis, sometimes with bare hands; we have tendered to the environment- and also confronted its adjuncts like climate change, now in our midst. Our historical role as a people to protect, rest and restore the environment is a Biblical Duty and a command of God.

God indeed put Ugandans in Eden- and it is not farfetched to even think and argue that Uganda is the Eden of the world. But how have we tendered to this God’s Eden of Uganda?

Once described as “ from end to end a beautiful garden” ….a fairy tale … Uganda is the pearl” by Sir Winston  Leonard Spencer Churchill  in his book My African Journey, the former Prime Minister of  United Kingdom and Second World War hero; the country enjoyed an ideal weather pattern suitable for agricultural production that boosted the country’s economy in the immediate period after independence- going forward. Agriculture, thus, formed the country’s economic backbone until today. But is the Uganda of 2014, the same pristine paradise that Winston Churchill described in 1908?

During my early years, some twenty or so years; my village, Nyiebingo, Kebisoni in Rukungiri district was a paradise. It presented a pristine ecosystem graced by rivers Kanywa, Kiborogota, Omukyijurirabusha, Kanyeganyegye, and Omukagyera. These rivers and streams that used to flow with a natural effect are now extinct. The hill tops of Itemba, Matebe and Nyakashozi are bare, punctuated by deadly gullies. The famous wetlands of Muyorwa and Garubunda are no more. Perhaps, it is true for you, if you have lived the past 20 years or so in a village and you have cared to observe, you notice that those rivers with fresh water where you took your daring swimming lessons as a sometimes a naughty young lad are no more. What is left in some instances are small traces of flowing water surrounded by eucalyptus trees, food crop gardens and traces of waning riparian wetlands. In some cases, the rivers and streams got extinct and small towns are thriving! Rainy seasons can longer be traditionally predicted. When such rains come any way, they are adjunct with devastating floods and their causative links like displacements and diseases- it is in the same prism that we look back at Bududa landslides, devastating Teso floods of 2008 that left farmers empty handed, River Nyamwamba riot in 2014- etc. 

The relationship between indigenous people, land and natural resources can be described as interdependent in which humans depend on land resources to survive and the resources themselves rely on man for replenishing, restoration and regeneration. Unfortunately, in Uganda, the rate at which these resources are encroached upon and consequently depleted is higher than the rate at which they are restored. As a result, Uganda stands at the brink of an escalating environmental calamity. The encroachment, drying up and depletion of  R. Rwizi in Mbarara, R. Nyamwamba in Kasese, L. Kyoga and L. Victoria are glaring manifestations of a severe environmental breakdown, inadequate and non-functionality of policy regimes as well as a major cause of economic poverty, conflicts, disease, drought and famine.

In fact,  a number of  National Environmental Management Authority (NEMA) annual status reports present grim picture of the environment in Uganda; for example, by 2010, the total forest stock had decreased from 3.6 million hectares in 2005 to 3.3 million hectares, accounting for loss of about USD 129.3 million per year. By 2011, the economic cost amounted to USD 819,178,400, a trend attributed to the rising population and demand for arable land for cultivation. Looking at this trend, words of Edward O. Wilson come to mind; he famously said “Destroying rain forest for economic gain is like burning a Renaissance painting to cook a meal.”  For those that love classic and legacy art, you know what I am talking about. Again the foregoing is despite of the growth, in recent years, of a body of laws and policies aimed at preventing and reversing the evolving environmental crisis in the country.

What exactly happened? Are these symptoms of climate change and subsequent global warming? Unabated encroachment? Irresponsible land use? A curse? Saharization? Imposing Impunity? Inefficient policy regimes and deficiency in Implementation monitoring and evaluation of existing environmental policies?  Is this a time for lamentations – or time for concrete and practical actions? Are we sustainably harnessing our Environment for economic Prosperity? 

Mahatma Gandhi teaches us that, “The Earth provides enough to satisfy every man’s needs, but not every man’s greed.”- Sustainable development rests on three pillars: economic growth, social progress and protection of our environment and natural resources. Responsible environmental management is essential to achieving overall sustainable development. Environmental sustainability was indeed an explicit objective of  Millennium Development Goal 7, and a thread that runs through all the other MDGs. I hope the post MDGs agenda will in equal measure anchor environmental issues seriously. And yes, environmental issues are mainstreamed in Uganda’s public policy and vision documents like Vision 2040 and  National Development Plan (NDP) 1 and 2 although over the years limited resources have been allocated to execute good intentions in these impressive documents.

Environment and natural resources enhance performance and productivity of active citizenry; they also provide the raw material for economic sectors. Agriculture and fisheries, for instance, contributed around 23.2 percent of GDP in 2013 (MFPED). Furthermore, over 80 percent of households in Uganda are dependent on forest wood for fuel.

Economics of environmental degradation

Environmental degradation in the country—which includes wetland encroachment and contamination of water resources—is critical: based on estimates, degradation costs represent an environmental debt of about US$ 1–4 billion today. Although the country’s water resources are rich, severe water scarcity is predicted for the near future, particularly in more populated areas and in the more fragile arid and semiarid pastoral areas. The Ugandan government has formulated a number of policies to regulate land use and impacts on the environment. However, the alarming rate at which natural resources are being depleted shows that these laws and policies are not enforced effectively.  http://www.agencyft.org/wp-content/uploads/2014/10/How-Effective-are-Ugandas-Env.pdf

Land and natural resource degradation in Uganda account for over 80% of the annual costs of environmental degradation. By 1991, conservative estimates of the annual cost of environmental degradation were put at about US$ 157–480 million (Slade and Weitz 1991). Capitalized at the government’s social opportunity cost of capital of 12% per annum, these environmental degradation costs represent an environmental debt of about US$ 1–4 billion today. Uganda can hardly afford to add this additional but hidden debt to its official indebtedness to external and domestic creditors. We must deeply reflect on words of Theodore Roosevelt, that “A nation that destroys its soils destroys itself.”

A Forest of Laws, Policies and strategies – Limited Action on the ground

To date, the Ugandan government has developed a number of policy regimes to regulate and influence land use and environmental impacts. The Constitution of the Republic of Uganda is the supreme law governing Uganda. It spells out issues of environment, good governance, social and economic development, rule of law, and fundamental freedoms of expression and worship, among others. Article 39 of the Constitution of Uganda provides for the right to a healthy and clean environment. The National Environmental Management Statute was also enacted, establishing the National Environmental Management Authority (NEMA) as well as providing for a broad range of issues pertaining to the functions of NEMA and measures for environmental protection. On the face of it, therefore, Uganda has moved a great distance towards providing a sound policy and legislative framework for environmental protection. The issue however, is whether these policy and legal claims are well integrated in Uganda’s investment policy.

In fact, Article 245 of the Constitution states that Parliament shall, by law, provide for measures intended to:

(1) Protect and preserve the environment from abuse, pollution, and degradation;
(2) Manage the environment for sustainable development; and
(3) Promote environmental awareness.

The article therefore stipulates that the utilization of Uganda’s natural resources shall be managed in such a way as to meet the development and environmental needs of present and future generations of Ugandans, and, in particular, the State shall take all possible measures to prevent or minimize damage and destruction to land, air, and water resources resulting from pollution or other causes.

Over the years, other Laws, regulations, policies and strategies include the Poverty Eradication Action Plan (PEAP, 2000), the Sector Wide Approach to Planning for Water and Sanitation Sector (2002), the National Wetlands Policies (1995), the Environmental Impact Assessment Resolutions (1998), the National Environment Management Policy (MLWE 1994), the National Environment Statute (MLWE 1995), the National Land Policy and National Land Use Policy, among others.

However, as reflected by the alarming rate at which natural resources are being depleted, it is evident that these laws and policies are not enforced effectively. In 2008, I led a team of researchers in a study that revealed a glaring gap between the existence of laws and policies on the one hand, and the reality of implementation on the ground on the other hand—that revealed monumental depletion of water resources. In total, 16 rivers, 26 wetlands, 7 forests, 4 lakes, and 2 highlands were visited in the 4 districts of Katakwi, Kasese, Mbarara and Ntungamo.

Similarly, the logical desire for modernization and rapid economic growth emphasized in Uganda’s development programs has seen degazetting of forest areas, wetlands, and other water catchment areas—previously recognized as gazetted reserves—leading to appropriation of reclaimed land for increased agricultural production. Examples include Butamira and a central forest reserve on the Kalangala Islands. Sango Bay, Mabira, and other central forest reserves are at the center of contestation. A debate on balancing wealth creation/development objectives and environmental conservation is yet to be entrenched in Uganda. In-fact a similar debate is going on in oil exploitation areas with many groups in civil society pointing to capacity of NEMA to deliver quality environmental impact assessments that will protect communities from environmental dangers that come with oil exploitation and oil wealth. Last month, October 2014, President Yoweri Museveni told Karamoja Leaders: “Please let’s not de-campaign conservation. We should balance it with commercial agriculture because we need both. Conservation is very important for Karamoja. You are lucky you have the 3rd biggest National Park in Uganda after Murchison and Queen Elizabeth National Parks. It is a gold mine.”

Article 237(2)(b) of the Constitution and section 44(1) of the Land Act Cap 227 provide that natural resources such as forest reserves are held in trust by the state/ government and local government to be reserved for ecological and tourist purposes for the common good of the people. This means that the government reserves the right to determine in what manner these resources are to be utilized. For example, in all the 4 districts we visited, over 90% of land ownership with water catchment areas belong to the government. The fact that these resources are being openly encroached upon and depleted, with no reaction from the government, who is the rightful owner, therefore reveals critical problems in responsible ownership, commitment, and strictness in applying the law.

Section 5 of the National Forestry and Tree Planting Act 2003 in particular provides that the government or a local government shall hold in trust for the people and protect forest reserves for ecological, forestry, and tourism purposes for the common good of the citizens of Uganda. Section 38 of the National Forestry and Tree Planting Act 2003 and Section 19 combined with Schedule 3 of the National Environment Act, Cap 153 (GoU 2000a) require an environmental impact assessment to be carried out where the intended activity or project is likely to have a significant impact on a forest. So yes, the laws are in place- we need effective execution and vigilance of citizenry.

Status of Water catchments: In the 4 districts visited 11% of the wetlands, 5% of the forests, and 4% of the rivers and streams have been completely depleted. Moreover, 89% of the wetlands and 94% of the rivers and streams have been encroached upon, while only 10% of the lakes and 5% of the forests have remained intact (Rwakakamba 2008). Reasons for encroachment ranged from a need for farmland for crop cultivation (Figure 2) to overgrazing, poor farming methods (eg bush-burning), and economic activities such as brick-making along wetlands. Weaknesses in implementing existing laws and policies were detected, reflecting political interference and corruption. A general lack of awareness regarding the importance of water catchments became evident. Of all these factors, weaknesses in law enforcement, corruption, political interference, and the impunity of those who acted against environmental and other laws were identified as most severe in 3 of the visited districts. Encroachment was particularly strong in Ntungamo and Mbarara, where people with good political connections have encroached on wetlands and water catchment systems with no reprimand from law enforcers. Encroachment was found to be the main cause of decreasing water levels and dry-out in dry seasons. Well, it was Thomas Fuller who said that “We never know the worth of water ’til the well is dry.”

Status of Public Water Works: over all 4 districts, 52% of the visited shallow wells were nonfunctional. Around 40% of the boreholes and GFS taps were nonfunctional; a lesser number of protected springs (16%) and dams/rain tanks (12%) were nonfunctional. Nonfunctionality of water systems was a very serious problem: in certain situations, people and cattle were found queuing for water from the few functional boreholes in the area. The major causes of non-functionality included mechanical breakdown of the water facilities, poor design and workmanship, low water table as a result of depletion of natural catchments, and limited community participation in maintenance of public water works.

What to do

• The government must quickly review agriculture policy to increasingly promote intensive farming methods as opposed to extensive strategies. This will ensure adequate and maximum utilization of resources, especially of land and water.

• Sensitizing farmers: they constitute the majority of potential environmental degraders while also bearing the hope of being environmental protectors (role in conserving wetlands and restoring depleted ones). Awareness will ensure harmonious coexistence of farmers and the environment. The Uganda National Farmers’ Federation should be provided capability  to underpin action campaigns in the whole of Uganda. This will be the first step in saving Uganda’s rivers and water catchments.

• Most laws and policies are conservationist in nature. It is therefore recommended to include restoration policies in all environmental policy regimes so that the already depleted environmental resources are restored.

• Strengthen NEMA through deepened financing and administrative protection to be able to deliver its mandate. Calls to take it under Prime Minister’s office are a non-starter.

• Those who encroach on the environment and water catchment systems by virtue of their political influence or connections should be exposed and legal action taken against them. This will help serve as an example to the rest of the community members, especially those harboring similar ambitions.

• The government should introduce incentives for communities and local governments that excel in enacting, implementing, and monitoring bylaws, as a motivation for the other communities.

• The study in the 4 districts here has shown that there is an acute shortage of human and financial resources at the district and community levels. For example, the districts in this study had only 1 environment officer, for whom it was not possible to tend to environmental issues in the entire district. Therefore, the government should employ more environment personnel at the district, county, and subcounty levels, and these should be empowered to foster efficient implementation policies.

• Farmers interact with the environment daily and are a center of gravity in climate change mitigation and adaptation. Not only do farmers produce food, feed and fiber, but also a whole range of ecosystem services, including services related to water availability and water quality, directly and indirectly benefiting society and the environment. In order to achieve long-term positive effects, incentives must be put in place to encourage and enable farmers to continue providing ecosystem services through the adoption of environmentally friendly practices. Stewardship programs offer the necessary positive incentives to encourage farmers to adopt these practices. Farmers should therefore be able to benefit from these programs through which their existing and future activities to enhance water quality and ensure its efficient use are recognized and rewarded. The role of farmers’ organizations in stewardship programs is crucial. Specifically, farmers should be offered financial incentives to invest in renewable energy, farm practices that sequestrate carbon and activities that protect and restore water catchments systems.

Conclusion

As the custodians of many natural resources, the rural poor are the most affected by environment and natural resource degradation and are the most vulnerable to environmental hazards. Therefore, the quantity and quality of environmental resources directly determine the achievement of wealth creation efforts in Uganda. Although the Government of Uganda has put in place strategies and plans to promote sound environmental management, the quality of the environment continues to decline. This serious trend of environmental degradation must be reversed.

Uganda has a number of laws and policies geared toward conserving the environment, natural resources—in particular water catchments—continue to be encroached upon. The rate at which water catchment areas are being depleted is growing at an exceedingly high speed, and, as a result, the majority of rivers, swamps, wetlands, and other catchment areas have either already been depleted or encroached upon. Despite the fact that the government owns over 80% of water catchments in the districts selected for this study, it is not acting upon encroachments. For Uganda, environmental conservation is no longer just a matter of scenic beauty but a question of economic survival for both households and nation. I always find inspiration in this Chinese Proverb that I want to wish for you - “The best time to plant a tree was 20 years ago. The next best time is today.” Go plant trees Countrymen and women.

References

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