KAMPALA INTRENATIONAL UNIVERSITY FACULTY OF LAW

Effectiveness of Environmental Institutions and Laws in the Protection of the Environment in Uganda: A case study of the 2009 Ban on the Polythene Bags (Kaveera).

By

AGGREY MUHWEZI Reg. No.LLB/18107/71/DU

SUPERVISOR JEFFREY ATWINE

A dissertation Submitted to the Faculty of Law as a partial fulfillment for the Award of Bachelor of Laws of Kampala International University

May, 2011

' DECLARATION

I, Muhwezi Aggrey hereby declare that this dissertation is my original work and has not

been submitted to any other university or institution of higher learning for the award of a

degree.

MUHWEZI AGGREY

Signature ...... c~.g- ...::=:,'......

Date ...... -~ -~ -.~.\~-~~-......

11 APPROVAL

This dissertation has been approved for submission to the faculty of law by the university

supervisor after having thoroughly read through its contents

Signature Date ··· ~ · · · ··· ...... <'(f .~·· '·'········ MR. JEFREY ATWINE

lll DEDICATION

This piece of work is dedicated to my wife and children.

IV ACKNOWLEDGEMENT

I am highly indehted to a number of people who made significant contribution to the success ofthis research.

First, I extend sincere thanks to my supervisor Mr. Jeffrey Atwine for the time he dedicated to this work. I recognise his endless commitment in educating me on the most critical sections of the study. His encouragement, guidance and constructive criticisms made me to work hard and finish.

My special thanks also go to Dr. KENETH KAKURU of Kakuru and Company advocates for the best advice and time he personally gave to me especially in choosing this research topic and continued encouragement until I finished this dissertation.

I wish to thank the assistance received from my fellow classmates with whom we shared a lot on issues related to research methods and dissertation writing. This mainly helped me in developing skills of putting collected data together.

More thanks go to my friends who in one way or another encouraged me to complete the course. Finally, I extend thanks to the residents of Kawempe division for their cooperation and acceptance to take part in the study. To all these people, I say God bless you richly.

V ACRONYMS CIEL Centre for International Environmental Law cso Civil Society Organization

EIA Environment Impact Assessment

E-LAW Environmental Law Alliance Worldwide

ECSI Environmental Consultancy Services International

ELI Environmental Law Institute

HDPE High Density Polythene

LDPE Low density polythene

LEAT Lawyers' Environment Action Team

NAPE National Association of Professional Environmentalists

NEA National Environment Act

NEAP National Environment Action Plan

NEMA National Environment Management Authority

NEMP National Environment Management Policy

NFA National Forestry Authority

NGO Non Government Organisation

UNEP United Nations Environment Program

UWA Uganda Wildlife Authority uws Uganda Wildlife Society

WID Wetlands Inspection Division

Vl TABLE OF CONTENTS DECLARATION ...... i DECLARATION ...... ii APPROVAL ...... ii APPROVAL ...... iii DEDICATION ...... iv ACKNOWLEDGEMENT ...... v ACRONYMS ...... vi TABLE OF CONTENTS ...... vii ABSTRACT ...... 1

CHAPTER ONE ...... 2 GENERAL INTRODUCTION ...... 2 I. 0 Introduction ...... 2 1.1 Back ground to the study ...... 2 1.2 Problem Statement ...... 4 1.4 Objectives of the study ...... 4 1.4.1 General Objective ...... 4 1.4.2 Specific objectives ...... 4 1.5 Research questions ...... 5 1.6 Scope of the study ...... 5 1. 7 Significance of the study ...... 5

CI-IAPTER TWO ...... 7 LITERATURE REVIEW ...... 7 2.0 Introduction ...... 7 2.1 The Institutional Framework for the Management of the Environment ...... 7 2.1.1 The Role of Central Government ...... 7 2.1.2 The Role of Parliament ...... 8 2.1.3 The Role ofNEMA ...... 8 2.1.4 The Role of Courts ...... 9 2.1.5 The Role of Civil Society ...... 1O

Vll 2.2 The Legal Framework for the Management of the Environment ...... 11- 2.4 Effectiveness of Environmental Laws and institutions ...... 12 2.5 A clean and Health Environment ...... 16 2.6 Impact of Polythene Bags on the Environment...... 19

CHAPTER THREE ...... 23 RESEARCH METHODOLOGY ...... 23 3.0 Introduction ...... 23 3. I Research Design ...... 23 3 .2 Area of Study ...... 23 3.3 Study Population ...... 24 3.4 Sample Size and Selection ...... 24 Source: From the field ...... 24 3 .5 Data Collection Methods ...... 25 3.6 Data Analysis ...... 25 3. 7 Ethical Considerations ...... 26 3. 8 Limitations of the study and how they were overcome ...... 26

CHAPTER FOUR ...... 27 PRESENTATION, INTERPRETATION AND DISCUSSION OF FINDINGS ...... 27 4.0 Introduction ...... 27 4.1 RESPONDENT'S BIO-DATA ...... 27 4.1.1 Age of the respondents ...... 27 4.1.2 Sex of the Respondents ...... 28 4.1.3 Marital status of the respondents ...... 29 4.1.4 Level of education of the respondents ...... 29 4.1.5 Occupation of the respondents ...... 30 4.2 The Legal Framework Relating to Solid Waste Disposal and the Protection of Environment in Uganda ...... 31 4.3 The Institutional Framework in Place Relating to Solid Waste Disposal and the Protection of the Environ1nent ...... 34 4.4 The Extent to Which the Right to a Clean and Health Environment has been observed in Uganda ...... 37

Vlll 4.5 The extent to which the institutions and laws have been effective in the protection of the environment ...... 38

CHAPTER FIVE ...... 41 SUMMARY OF FINDINGS, CONCLUSIONS AND RECOMMENDATIONS ...... 41 5.0 Introduction ...... 41 5.1 Summary of findings ...... 41 5.2 Conclusions ...... 43 5.3 Recommendations ...... 44 REFERENCES ...... 46 APPENDICES ...... 49

IX ABSTRACT The study assessed the effectiveness of environmental laws and institutions in the management of environment in Uganda with particular emphasis on the 2009 ban on Polythene bags (Kaveera). It was conducted in Kawempe division, Kampala district.

The study was guided by five objectives namely; to examine the legal framework in place relating to solid waste disposal and the protection of environment in Uganda; to examine the institutional framework in place relating to solid waste disposal and the protection of the environment; to analyze the extent to which the right to a clean and health environment is observed in Uganda; to determine the extent to which environmental laws and institutions have been effective in the protection of the environment and to suggest possible solutions for the problems facing the environment in Uganda.

The study employed questionnaires and an interview guide to obtain sufficient information from the respondents. Also, secondary sources of data such as text books and NEMA reports were used to beef up the findings.

The study established that there are many laws in place aimed at environmental conservation. The constitution was largely cited as containing provisions for environmental protection. It was further found out that many institutions have been set up by the government to protect the environment and notably among them are National Environmental management Authority, Ministries such as that of water and environment. These institutions and laws have gone a long way in protecting the environment although some challenges still impede their effort. Lastly, the study established the right to a clean and healthy environment in Uganda has not been well observed and as a result, many Ugandans are still denied this right.

The study concluded that although many laws and institutions have been put in place to manage the environment, the weaknesses embedded in them cannot allow for effective management of the environment.

The study recommended that there is need for the government to increase environmental budget both at the local government level and central government level. It's only through increased funding that NEMA as an institution can be empowered to carry out its duties.

1 CHAPTER ONE GENERAL INTRODUCTION

1.0 Introduction

Polythene bags can best be defined as a non-biodegradable substance that is used by the majority 1 of the population as packing materials • Despite the fact that they are cheap as well as light, they are hazardous to the environment. There are three main categories of Polythene bags: i) Small HDPE (High Density Polyethylene) produce and product bags used for example to help contain fruit and vegetables or protect greetings cards and similar purchases. ii) Supermarket HDPE Carrier Bags used as a container at the checkout of supermark~~ food stores to help separate out and carry home the products purchased. iii) LDPE (Low Density Polyethylene) used as a more durable or prestige bag by retailers such as department stores, high street fashion stores, museums and art galleries and other national institutes and organizations (Umiat-Ga, 2004).

1.1 Back ground to the study

Initially developed and promoted by the US oil and gas industry, plastic shopping bags were not immediately adopted by consumers. When first introduced in the US in the 1970s, the ubiquitous phrase 'paper or plastic?' indicates the struggle plastic bag manufacturers initially faced in shifting attitudes towards disposable plastic bags. Only in 1977 did American supermarkets start to consistently offer plastic carryout bags to shoppers. Western Europe began to offer them consistently in the 1980s and developing countries in the 1990s. Today between 500 billion and 1.5 trillion plastic shopping bags are used each year worldwide (Spokas, 2007).

~ Since their introduction, trillions of plastic bags have been used and discarded globally. The~ don't break down easily, taking up to 1,000 years which means these 'convenient' carry bags are accumulating in the environment at a staggering rate. These light-weight shopping bags, designed for single-use are easily carried by wind, escaping from rubbish bins and landfills. The issues resulting from plastic bag litter are common across continents and countries, waterways and oceans (http://www.reusablebags.com).

1 http://www.angelfire.com/nc/narnicol/Polythene Waste.html

2 Plastic bags become a choking hazard for wildlife, especially marine animals and even when 'degraded' into smaller piece_s ,at~- even more of a threat from mistaken ingestion right up the ,7-a// food chain. Some countries h6~ taken action to reduce plastic bag litter because of specific consequences of accumulating bags such as flooding and malaria.

In Uganda, Polythene bags (commonly called Kaveera) are frequently used as packing materials. Polythenes were introduced in Uganda as a substitute to the paper bags which were initially used for packing especially the light commodities. They come in all sizes, shapes and with pictures of movie stars on their sides but Polythene bags or Kaveera, as they are locally known are currently the number one environmental hazard in Kampala due to their careless disposal after use. Over one million bags are trashed annually, according to Environmental Consultancy Services International (ECSI) and thus their abundance, on top of being used as handy holders of different items, in slum areas without proper sanitation facilities, they are used as 'flying toilets' - which 2 are polythene bags containing human excreta .

Ugandans use 25,900 tons of plastic (Kaveera) bags per month. "Nine hundred tons (20%) of plastic bags are produced by 15 factories while 25,000 tons (80%) are impo1ied into the country every month (NEMA, 2008).

During the budget speech of 2009/2010, Uganda's Minister of Finance, Syda Bbumba slapped a total ban on the manufacture, importation, sale and use of polythene or plastic bags in a national-wide campaign to protect the environment and human health. The stakeholders were given a grace period of six months. And imports packaged in polythene were also not to be allowed into the country from January 1, 2010. In addition, Bbumba imposed a hefty 120% tax levy on other plastic containers. The general consensus was that the locally produced crafted bags would replace the polythene bags (The New vision, 8th Feb 2010).

However, this is not the case, as all the polythene bags which were initially thinner are produced thicker such that buying and disposing of the bags remains the same. Many traders earning a living out of selling the bags cannot think of another business. As such, they have been reluctant

2 http://kjohnah.instablogs.com/entry/irresponsible-dumping-of-polythene-bags-a-danger-to-our-green-environment/

3 to abandon the manufacture and sale of Kaveera. Due to the irresponsible disposal of the polythene bags, after heavy rains, most of the water channels around Kampala are blocked, causing a lot of flooding and often times most roads are impassable with a four-wheel vehicle. Careless dumping of polythene bags is ecologically murderous because their mechanical shredding greatly reduces soil fertility (http://kjohnah.instablogs.com).

1.2 Problem Statement

Polythene bags (Kaveera) have disastrous effects on the environment not only in Uganda but World over. The government recognizes this effect and it's due to this that agencies such as National Environmental Management Authority (NEMA) were put in place to protect the environment. In 2009 while reading out the national budget for the financial year 2009/2010, the minister of finance announced a ban on the Kaveera. However, to everybody's surprise, the polythene· bags are still being used in the country without due consideration to their harmful effects on the environment.

In addition, whereas the constitution provides for right to a clean and healthy environment and whereas the laws for protection of the environment and necessary institutional framework have been in place for over 15 years, degradation of the environment due to plastic waste is on the increase. The study therefore intended to establish the effectiveness of Ugandan laws in protecting the environment and in effecting certain legislations such as the ban on the Kaveera.

1.4 Objectives of the study

1.4.1 General Objective

To examine the legal and institutional framework in place in Uganda for the protection of the environn1ent and how effective it has been in protecting the management of solid waste with specific emphasis on plastics.

1.4.2 Specific objectives

i) To examine the legal framework in place relating to solid waste disposal and the protection of environment in Uganda.

4 ii) To examine the institutional framework in place relating to solid waste disposal and the protection of the environment. iii) To analyze the extent to which the right to a clean and health environment is observed in Uganda. iv) To determine the extent to which environmental laws and institutions have been effective in the protection of the environment. v) To suggest possible solutions for the problems facing the environment in Uganda.

1.5 Research questions i) What is the legal framework in place relating to solid waste disposal and the protection of the environment in Uganda? ii) What is the institutional framework in place for solid waste disposal and the protection of the environment in Uganda? iii) To what extent is the right to a clean and health environment observed in Uganda? iv) How effective are the laws and institutions relating to the disposal of solid waste and protection of the environment in Uganda. v) What are the possible solutions to the problems facing the environment in Uganda?

1.6 Scope of the study The study was conducted from Kampala district and in patiicular Kawempe division. It basically looked at the effectiveness of environmental laws and institutions in the protection of the environment in Uganda with particular reference to the 2009 ban on the polythene bags (Kaveera). The period considered was from 2007 when the first ban on the use of Kaveera was pronounced up to 2010.

1. 7 Significance of the study

The study of this nature is timely at a time when the environment is facing serious challenges such as deforestation, pollution and general degradation. With many laws and institutions in place, such as the constitution, the Local Government Act and NEMA, one wonders why the environment keeps on being degraded.

5 It is hoped that the findings of this study will help rise awareness on issues pertaining to the use of polythene bags for the community and policy makers especially at local level. This awareness will help build initiatives to reduce the problem.

The study will help provoke debate on the issue of polythene bags and their proper use/disposal. In the course of this debate better options may be developed.

The study will help future researchers and/or scholars who could be interested in the same or related study as it will have generated some pertinent literature.

6 CHAPTER TWO

LITERATURE REVIEW

2.0 Introduction

This chapter reviews the literature related to the study with the major purpose of identifying the gaps and suggesting how the cun-ent study will fill in the gaps. It is organized under different sub-themes as below;

2.1 The Institutional Framework for the ~nagement of the Environment Many countries have established institutions (ministries, agencies) to enforce environmental protection laws. For example in Uganda, there is the ministries of water and environment, animal industry and fisheries, tourism, trade and industiy, national environment management authority (NEMA), Uganda wildlife authority, national forestry authority,(NFA) etc with legal mandates to manage the environment. These work in close collaboration with a number of Non-governmental organizations, scientific and technical institutions etc. However, there is no effective coordination amongst the various ministries and institutions regarding the integration of environmental concerns at the planning stages. The policies seem to be fragmented across the board with each government body having different mandate (NEMA, 2008).

2.1.1 The Role of Central Government The central government has several roles to play in environmental management. The national objectives and directive principles of state policy impose several obligations on the state/central government e.g. • Protect imp01iant natural resources, including land, water,. wetlands, minerals, oil, fauna and flora on behalf of the people of Uganda • Take all practical measures to promote a good water management system at all levels • Promote sustainable development and public awareness of the need to manage land, air, water resources in a balanced and sustainable manner for the present and future generations. • Take possible measures to prevent or minimize damage and destruction to land, air and water resources resulting from pollution or other causes.

7 • Promote and implement energy policies that will ensure that people's basic needs and those of environmental preservation are met. • Create and develop parks, reserves and recreation areas and ensure the conservation of natural resources and • Promote the rational use of natural resources so as to safeguard and protect the biodiversity of Uganda.

The substantive provisions of the constitution impose further obligations on the state e.g. i) Respect the fundamental rights (including the right to a clean and healthy environment) guaranteed under the constitution (article 20); ii) Hold in trust for the people and protect natural lakes, rivers, wetlands, forest reserves, game reserves, national parks and any land to be reserved for ecological and touristic purposes for the common good of all citizens (article 237(2) (b ); iii) Regulate the use ofland (article 242).

2.1.2 The Role of Parliament Article 245 requires parliament by law to provide for measures intended to protect and reserve the environment from abuse, pollution and degradation; to manage the environment for sustainable development and to promote environmental awareness.

2.1.3 The Role of NEMA The national environment management authority (NEMA) is established under section 4 of National Environment Act (NEA) as the principal agency in Uganda for the management of the environment to coordinate, monitor and supervise all activities in the field of the environment. NEMA has the following roles to play in environmental management. i) Coordinate the implementation of government policy and the decisions of the policy committee ii) Ensure the integration of environmental concerns in overall national planning through coordination with the relevant ministries, departments and agencies of the govenm1ent. iii) Liaise with the private sector, intergovernmental organizations, and non-governmental agencies of other states on issues relating to the environment. iv) Propose environmental policies and strategies to the policy committee

8 v) Initiate legislative proposals, standards and guidelines on the environment in accordance with this act; vi) Review and approve environmental impact assessments and environmental impact statements submitted in accordance with this act or any other law; vii)Promote public awareness through formal, non-formal and informal education about environmental issues viii) Undertake such studies and submit such reports and recommendations with respect to the environment as the government or the policy committee may consider necessary. ix) Ensure observance of proper safeguards in the planning and execution of all development projects including those already in existence that have or are likely to have significant impact on the environment determined in accordance with part V of this Act; x) Undertake research and disseminate information about the environment xi) Prepare and disseminate a state of environn1ent report once in every two years; xii)Mobilize, expedite and monitor resources for environmental management xiii) Perform such other functions as the government may assign to the authority or as are incidental or conclusive to the exercise by the authority of any of the functions provided for under NEA.

2.1.4 The Role of Courts Article 50 of the constitution provides that any person who claims that a fundamental or other rights or freedom guaranteed under this constitution has been infringed or threatened is entitled to apply to a competent court for redress which may include compensation. Courts therefore have the pivotal role to play in the enforcement of environmental laws and rights.

Article 126(2) e of the constitution requires the courts in adjudicating cases of both a civil and criminal nature, the courts subject to the law do justice to all irrespective of their social or economic status not to delay justice, to award adequate compensation to victims of wrongs (including environmental wrongs) and administer substantive justice without undue regard to techni caliti es.

9 The role of courts in environmental management and law enforcement can be summarized as follows;

• Interpreting rules and provisions • Creating formal law by acknowledging customary law for environmental protection • Moving from written principles to applied principles of law (acting as 'midwife' of law by crossing the threshold from theory to practice). • Defining the public interest by interpreting and applying law • Arbitration and dispute settlement • Strengthening compliance with law through the strengthening of the system of liabilities • Ensuring compliance and the incorporation of international agreements into domestic law • Defining of pre-existing rights (such as indigenous rights which may be raised on the international level and thus influence domestic courts and legislative systems).

2.1.5 The Role of Civil Society Civil society organizations like Non-governmental organizations (NGOs) provide a pivotal role in mobilizing and sensitizing the masses about environmental issues. Indigenous community based NGOs are important instigators of the local community projects and valuable teachers and trainers in support of government programmes at the local level. They therefore supplement the eff01is of the public sector and help in ensuring that the concerns of the underprivileged are incorporated in the national development process. Civil society organizations can be instrumental in reaching the grassroots.

At the national level, the NGOs can act as advisors to NEMA in their areas of specialization. NGOs also provide a convenient and effective way of administering community targeted incentives and facilitate mobilization for environmental education and awareness programmes.

NGOs play a significant role in environmental litigation by bringing actions on behalf of the marginalized that may not be in position to access comis law through what is commonly known as public interest litigation. The role of NGOs in this respect is buttressed by a strong legal framework for institution of such suits like article 50 of the constitution section 3 and 71 ofNEA and section 5 of the national forestry and tree planting Act 2003.

10 2.2 The Legal Framework for the Management of the Environment

There are many types of laws which are designed for waste management. These laws and regulations are suited to country specific conditions and they differ from country to country to enable them address country needs. These laws and regulations provide a framework for the management, protection, control and regulation of the urban environment as a whole and solid waste management in particular.

This includes by-laws promulgated by local authorities from time to time to address issues which impact on human health and the environment. At both the national and local authority level the law provides for the standards and the role and power of various institutions, and stakeholders involved in solid waste management. Where a country has weak environmental governance structures in terms of a country's policy, laws and institutional framework this translates to poor service delivery and waste management. At both the national and local authority level there is a need for clear, adequate and effective policies, laws, regulations and the institutional framework to ensure compliance of, and enforcement of such laws and regulations (UNEP, 2009).

The laws or regulations normally provide for the handling, management and disposal of waste including the storage, treatment, recycling and transport of waste. For handling of hazardous waste for example the law tracks the progress of hazardous wastes from point of generation to their transport, treatment and disposal. The tracking process is referred to as the "cradle to grave" system. This involves stringent bookkeeping, and reporting requirements on generators, transporters, and operators of treatment, storage and disposal facilities handling hazardous waste. The law relating to Integrated Solid Waste Management regulates sustainable management of solid waste covering all sources/aspects including issues relating to generation-collection and transportation, s01iing treatment recovery, -final disposal (UNEP, 2009).

The 1995 Constitution of the Republic of Uganda has provisions for enhancing conservation and management of the environment and natural resources. Objective XIII of the National Objectives and Directive Principles of State Policy and Article 23 7(2) (b) of the Constitution pronounces the public trust doctrine. Like the Constitution, the section 44 (1), (4) and (5) of the Land Act thereof enshrines the public trust doctrine and provides that the government or local government holds in

11 trust and protects for the common good of all citizens of Uganda ce1iain environmentally sensitive areas such as natural lakes and rivers, ground water, natural ponds and streams, wetlands, forest reserves, national parks and any other land reserved for ecological and touristic purposes. Accordingly, under the. Land Act, Government has no powers to lease or otherwise alienate any natural resource mentioned above but may only grant concessions or licenses or permits in respect of that natural resource.

The National Environment Act, enacted in 1995, is the framework law on environment. It provides for sustainable management of the enviromnent and established the National Environment Management Authority (NEMA) as the principal government agency for the management of the environment. NEMA is mandated to coordinate, monitor and supervise all activities in the field of the environment. The fi:amework law had the impact of triggering amendment, enactment and harmonization of sectoral laws on environment.

The affected laws include the National Forestry and Tree Planting Act with a provision on Environmental Impact Assessment (EIA); the Land Act under which all owners and occupiers of land are to manage it in accordance with the National Forestry and Tree Planting Act, the Mining Act, the National Environment Act, the Water Act, the Uganda Wildlife Act, the Town and Country Planning Act and any other law; the Investment Code Act section 19( 1)( d) of which makes it an implied term and condition of every holder of an investment license to take necessary steps to ensure that the operation of their business enterprise does not cause any injury to the ecology or the environment; the Uganda Wildlife Act sections 15 and 16 of which provide for EIA, audits and monitoring of projects that may have an impact on wildlife; the Mining Act, sections 108 to 112 of which require EIA, environmental audit, environmental protection standards, environmental restoration plans and environmental performance bonds in accordance with the National Enviromnent Act; and the Local Government Act, the second schedule of which outlines enviromnental management areas for which district councils are responsible.

2.4 Effectiveness of Environmental Laws and institutions In many developing countries, environmental laws are only hortatory words unless they are implemented effectively; yet, non-implementation, non-enforcement, and non-compliance are so common that they must be viewed as the norm rather than exception in the great majority of

12 nations. The illusion of international and national environmental law in poor nations is reinforced by a peculiar mixture of idealism, myopia, and cynicism that induces states to ratify treaties and enact domestic laws without any expectation of implementation or compliance (http://www.ecovitality.org/badlaw.htm).

Many national laws are similarly ill-conceived because they are uncritically copied from environmental statutes of developed nations or from general framework laws distributed by U.N. agencies and other multilateral institutions. UNEP, for example, in its ELI/PAC program sends out teams of legal technicians to help developing states adopt a wide range of standardized environmental laws. These teams spend two weeks in Burundi, two weeks in the Maldives, two weeks in Mongolia, and then they count their success by the number of new statutes formally enacted by states that now have more environmental laws than lawyers or natural resources managers. It should be evident that conservation laws which are not carefully adapted to the distinctive political, social, economic, cultural and ecological conditions in each developing nation are likely to prove useless or worse (http://www.ecovitality.org/badlaw.htm).

Apunya (2006) further argues that the existing legislation is fragmented in the different laws. Access to these pieces to the general public is therefore constrained. The problem is fmiher amplified by the high illiteracy rate estimated at 3 8% of the population aged 10 years and above.

In Uganda, since 1986 the government has tried to put a number of environmental laws and policies in place. However, most of these policies and laws have made protection of the environment difficult because of their conflicting nature. Lack of government consultation from various stakeholders in formation of laws and policies have caused conflicting situations and interests by various groups resulting in sacrificing the environment. For example, the city and country plan was adopted in 1994 before the environment statute which came into force in 1995. The two have contradictions which are not yet harmonized (The New Vision, Tuesday May 16th 2000 pg 7).

Many of the already established environmental institutions lack power to punish or take action on environmental offenders. For example, according to a new report, managing the interface between urban and district councils in Uganda by professor Muhumuza of Makerere University

13 Department of Political Science on the controversial Kampala city council solid waste disposal site in Lusanja Kiteezi, Wakiso district indicates that the existing national environmental management laws are incompetent and vague on providing and taking action on environmental degraders. Where the law is contravened like in the case of Kiteezi Lusanja, it can only carry out an impact assessment or audit and make recommendations but there exists no provision within the law empowering it to whip in case of non-compliance (Sunday Vision, January 2000).

There is the problem of enforcement of the legal requirements for protection of the environment and public health. Whereas it is now largely accepted that environment is important worth protecting, and whereas enforcement of environment regulations, is expected to be done through a hierarchy of enforcement levels from national (WMD, NEMA), Districts down to community levels, the enforcement capacity available at all these levels appears not to be able to match the widespread nature of the problem of environment degradation.

In developing states, many conservation and sustainable development legal mandates stem from requirements imposed by foreign aid programs, international development banks, U.N. agencies, or other multilateral organizations as prerequisites for grants, loans, technology transfers, or various alternative forms of economic assistance. To appear responsible members of the "community of nations," developing nations frequently enact "model" legislation copying environmental laws drafted by developed states, even if these archetypal laws have little relevance to the ecological and social circumstances of the Third World states adopting them. In order to participate in international conferences on environmental issues that may affect their national interests, developing states may have to demonstrate the appropriate awareness and concern through the ratification of environmental treaties and enactment of a paper framework of domestic environmental laws (Ecovitality, 1998a).

Environmental laws are not self-executing and they cannot function in the absence of effective implementation, which in turn requires extensive and expensive administrative capacities, detailed regulatory mandates responsive to particular national circumstances, strong government commitments in the face of competing economic and social interests, and influential public constituencies supporting environmental protection. Because these attributes are very seldom present in developing nations, it should not be surprising that international and national

14 conservation laws are failing pervasively relative to the pace and magnitude of global ecological destruction.

Neither environmental law nor environmental education has been able to counter the overwhelming priority placed on economic development in virtually all poor countries. Neither environmental law nor environmental education can succeed when people lack viable economic alternatives-poor people will not let their families starve to save trees or tigers, no matter how much they appreciate nature-and most people in developing nations want more than minimal subsistence. Environmental law and education rely mainly on the impact of words, words that are often no more than idealized exhortations, but conservation-oriented words have seldom been compelling enough to produce meaningful conservation actions in the developing countries (Ecovitality, 1998a).

Environmental law provides for three (3) major aspects of enforcement and compliance namely administrative, civil and criminal. In Uganda, a lot has been done administratively. But civil procedure is long, expensive and complicated. Criminal aspects of environmental law have been largely unexplored yet it has the greatest potential of effectively dealing with a wide range of environmental violations especially at grassroots' level. It has been determined by NEMA, Greenwatch and other civil society organizations that the reason hindering enforcement of environmental law through criminal procedure is lack of capacity (Greenwatch, 2006).

Guidelines on prosecution of environmental crimes have been drafted by NEMA in conjunction with UNEP and it is felt that these guidelines once enacted, will be applied by the enforcement officers, incorporating the enforcement provisions in the National Environment Act and Regulations made there under; the Water Act; the Forestry and Tree Planting Act; the Land Act among others.

Akello (2007) stresses that NEMA, in collaboration with its development partners, has started some work along the lines of valuing natural resources. However, a lot still needs to be done in this and related areas. Enforcement provisions include the use of environmental restoration orders, improvement notices and inspections. NEMA has successfully used these enforcement measures usually after attempts at achieving compliance have failed.

15 Although recourse to court is provided for and is urged, NEMA prefers to use the above mentioned regulatory tools at its disposal, taking into account the fact that in some instances environmental awareness is not high enough to warrant use of enforcement measures, the cost of compliance may be prohibitive thereby calling for a longer compliance schedule, and poverty impacts on how the local people use natural resources thereby calling for poverty alleviation interventions, among other factors.

Other enforcement challenges include insufficient capacity of law enforcers, both in terms of environmental law and management expertise and equipment and facilitation, thereby underscoring the importance of continuous training and capacity building; inconsistent political positions and statements on the environment, especially during election undermine the integrity of the environment.

That notwithstanding, enforcement measures have been undertaken including eviction of encroachers from wetlands, forest reserves and other protected areas, confiscation of equipment used to dump murrum in wetlands or making noise and arrest and prosecution of suspects. The challenge is in increasing the pursuit of both civil and criminal sanctions for environmental violations (Akello, 2007).

The government in its own way has failed to control the problem of poor polythene waste disposal through its failure to enhance strict rules that can help reduce the problem. The officials of the various government organs have failed to provide sufficient supervision of the dumping of the wastes as a result, polythene waste are continually poorly dumped and this is hazardous to the community and the people living around it (http://www.angelfire.com).

2.5 A clean and Health Environment The Constitution of the Republic of Uganda obliges the state to promote sustainable development in the management and utilization of natural resources 'in such a way as to meet the development and environmental needs of present and future generations of Ugandans'. The state is particularly enjoined to take all possible measures 'to prevent or minimise damage and destruction to land, air and water resources resulting from pollution or other resources'. The state has a mandatory duty to protect and hold natural resources in trust for and on behalf of the

16 people of Uganda. 7 In addition, the Constitution guarantees every Ugandan 'a right to a clean and healthy environment'(Article 39).

The NEA is a comprehensive environmental fran1ework legislation which seeks to address constraints and problems affecting environmental management in Uganda. The NEA also guarantees every person the right to a healthy environment (Section 3(1). It also obliges every person to maintain and enhance the environment and inform the National Environment Management Authority (NEMA) or the local environment committee of all activities or omissions that may be deleterious to the environment (Section 3(3).

The International Covenant on Economic, Social and Cultural Rights mentions 'the improvement of all aspects of environmental and industrial hygiene' as one of the steps states parties should take towards the realization of the right to health. The Committee on Economic, Social and Cultural Rights (CESCR) interpreted this provision as comprising inter alia of: '

"Preventive measures in respect of occupational accidents and diseases; the requirement to ensure an adequate supply of safe and portable vFater and basic sanitation; the prevention and reduction of the population 's exposure to harm.fit! substances such as radiation and harm.fit! chemicals or other detrimental environmental conditions that directly or indirectly impact upon human healtll

The African Charter on Human and Peoples' Rights provides that 'all peoples shall have a right to a general satisfactory environment favourable to their development'. In Social Economic Rights Action Centre (SERAC; and The Centre for Economic and Social Rights v Nigeria, the Nigerian government was fotmd liable for violation of the right to health and a clean environment because of pollution of the soil, water, and air which harmed the health of the Ogoni people. The African Commission emphasized that the right to a clean and safe environment is critical to the enjoyment of other human rights.

According to the Commission, the government was required to take reasonable measures to prevent pollution and ecological degradation, to promote conservation and to secure an ecologically sustainable development and use of natural resources. The \Vomen's Protocol to the ACHPR provides that 'women shall have the right to live in a healthy and sustainable

3 The Right to the Highest Attainable Standard of Health (A1ticle 12), UN Doc. E/C.12/2000/4 (2000), Para. l 5

17 4 enviromnent ' and the states parties shall 'ensure greater participation of women in the plam1ing, management and the preservation of the environment'

The Special Rapporteur on the Prevention of Discrimination and Protection of Minorities lists some of the rights with a bearing on environmental quality, including (a) the right to freedom from pollution, environmental degradation and activities which threaten life, health or livelihood; (b) protection and preservation of the air, soil, water, flora and fauna; and ( c) healthy food and water; a safe and healthy working environment.

It should be noted that the 1972 Stockholm Declaration declares that 'man has the fundamental right to fi:eedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being, and he bears a solemn responsibility to protect and 5 improve the environment for present and future generations ' .35 The 1992 Rio Declaration also stresses that human beings 'are entitled to a healthy and productive life in harmony with nature' .36 The Millennium Development Goals also emphasize environmental sustainability.The above mentioned points illustrate the point that the right to a clean and healthy environment involves many things including clean water, air and soil that are free from toxins, wastes or hazards that threaten human health. It should be noted that the concept of human health moves beyond 'merely the absence of disease or infirmity' and encompasses 'a state of complete physical, mental and social well being'.

In Uganda Electricity Transmission Co Ltd v De Samaline Incorporation Ltd6, the applicants sought a declaration that the discharge of unpleasant, noxious and chocking dust from the respondent's premises constituted a violation of the applicant's employees' right to a clean and healthy environment under A1iicle 39 of the Constitution.

The judge provided an expanded definition of the right as follows: 'I must begin by stating that the right to a clean and healthy environment must not only be regarded as a purely medical matter. It should be regarded as a holistic social cultural

4 A1iicle 18( 1), Protocol to the African Charier on Human and Peoples Rights on the Rights of Women in Africa

5 Principle l, Declaration of the UN Conference on the Human Environment held at Stockholm from 5-16 June 1972, available at http://www.unep.org/. 6 Misc. Cause No. 181 of2004 (High Court of Uganda).

18 phenomenon because it is concerned with physical and mental well-being of human beings ... a clean and healthy environment is measured in both ethical and medical context. It is about linkages in human well-being. These may include social injustice, poverty, diminishing self­ 7 esteem, and poor access to health services. That right is not restricted to a clinical model '. It is imp01iant to note that the procedural rights of access to information, public participation and access to justice can enhance protection of the right to a clean and healthy environment. The Rio Declaration expressed the imp01iance of these rights as follows:

'Environmental issues are best handled with the participation of all concerned citizens, at the relevant level. At national level, each individual shall have appropriate access to information concerning the environment that is held by public authorities, including infonnation on hazardous materials and activities in their communities. and the opportunity to participate in decision making processes. States shall facilitate and encourage public awareness and participation by making information widely available. Effective access to judicial and 8 administrative proceedings, including redress and remedy, shall be provided .

The procedural rights enable citizens to participate meaningfully in decisions that affect their livelihood thus promoting accountability and transparency in decision-making. An informed public may find it easier to demand the enjoyment of their right to a clean and healthy environment.

2.6 Impact of Polythene Bags on the Environment

There is more harm than benefit by the use of plastic bags. Plastic is not biodegradable and releases harmful dioxin into the air. Besides, people who work in plastic industries are at a greater risk for cancer and other diseases (Pradhan, 2000). Discarded plastic is an urban nightmare. Plastic bags are a notorious clogger of sewage lines and drains. Because they don't rot and tum into compost, plastic bags discarded in fields decrease the productivity of arable

7 See also Advocates Coalition for Development and Environment v Attorney General and NEMA, Misc. Cause No. 0100 of 2004 (High Court of Uganda). where the judge stated that the right to a healthy environment entitles Ugandans to a right to an environment adequate for their health and well-being. fn this case, the applicants challenged the change of use of Butamira forest reserve on grounds that such use violates the right to a clean and healthy environment 8 See Rio Declaration, Principle I 0.

19 land. However, the most dangerous feature of plastic is its toxicity with black colored polythene bags the worst offenders, according to environmentalists.

According to Pradhan (2000) several cities in neighboring India have banned black plastic bags because of their toxicity. In fact, entire Indian states like Himachal Pradesh and Sikkim, which border Nepal and depend on tourism for revenue, strictly enforce bans on plastic bags and even fine shopkeepers if any are found on their premises.

In Bangladesh there have been a chorus of demands for a complete ban on plastic bags ever since they contributed to the severity of floods in Dhaka two years ago by clogging drains. In addition, colored plastic bags contain harmful toxic metals like chromium and copper which can cause allergies according to activists in India who prevailed on their environment ministry to encourage the use of virgin transparent plastic. However, activism in favor of banning plastic bags has not gone down well with dozens of plastic industries which recycle them and provide employment to hundreds of poor people who collect them for a living.

The World Watch Institute (2004), however, points out that globally only a tiny percentage of plastic bags are successfully diverted/recycled and those that are not recycled cause environmental problems. In the US, fewer than 5% are recycled, with the remainder ending up in landfill or unintentionally released into the environment (USEPA, 2006). Within the waste stream, plastics are significantly less valuable than textiles and metals, with plastic film being one of the least valuable recyclables. North American recyclers have low demand for post­ consumer plastic bags from municipal recycling programmes, due to high rates of contamination (Stewardship Ontario, 2007). In developing countries, there is a near complete absence of established solid waste management infrastructure and recycling facilities.

Plastic bags are also seen to create disproportionate environmental challenges because of their physical and chemical characteristics. Plastic bags are made from petroleum products, and thus have implications for fossil fuel supplies as well as climate change. In the US alone, according to some estimates, 12 million ban-els of oil are required to produce the 100 billion plastic bags used annually (San Francisco Department of Environment 2004). Although single-use plastic bags have some advantages in embedded energy lifecycle analysis when compared to paper bags, research is clear that they are not the best option (Environment Australia, 2002).

20 Beyond energy and climate impacts, the persistence of plastic bags in the environment has been a particular problem. Plastic bags can take up to 1000 years to break down (UNEP 2005b ), creating problems on a number of fronts. First, they contribute to unsightly litter in public spaces, exacerbated by their light weight and parachute-shaped design which makes them travel easily through the air and in waterways. Second, they pose a public health and safety threat because they can act as breeding grounds for malaria-carrying mosquitoes and can clog sewers and storm-water drains. Third, they pose threats to wildlife that may become entangled in them or inadvertently eat them. Finally, when they do ultimately break down, they do not biodegrade; instead they photodegrade - meaning that they break down into smaller and smaller pieces. These small pieces can be consumed by wildlife and their long-term effects on soil and water quality are not yet clear. Recent research suggests that plastics can attract and absorb persistent organic pollutants (Rios et al, 2007).

Plastic bags constitute a high percentage of the pollution found in many countries, for exan1ple they have affected Ireland's coastal areas, hampering the country's ability to promote its 'green' image and scenic beauty (Department of the Environment, Heritage and Local Government, 2007). In response to growing concerns, Ireland implemented legislation to tax plastic shopping bags in 2002, and has had very strong support from the public, signaling that the anti-plastic bag norm had taken hold. The 'plastax', as it is commonly known, initially set at €0.15 and later raised to €0.22, led to a 90-95% reduction in plastic shopping bag use in the country in a very short period of time (Convery et al, 2007).

In Australia, concern focused mainly on litter, particularly along coastlines, and the hazards that plastic bags pose for marine animals (Environment Australia, 2002). The government of Australia adopted a voluntary reduction programme and undertook a major study on the issue. At the same time, a number of states and municipalities took their own initiatives to ban plastic bags (Wallace, 2006).

In Uganda, due to the careless disposal of the "Buveeras" in the country, the areas where they have been deposited in large quantities have lost soil fertility. This is mainly because they cannot rot and decompose and therefore cannot lead to the formation of good soils. The polythene bags have also got an acidic combination which with time disturbs the chemical fornrnlas of the soils (The Weekly Observer, Wednesday, 26 May 2010).

21 The poor disposal of the polythene bags can also lead to the spread of diseases. This is because the polythene bags can easily block the sewerage and water pies which can eventually lead to the spread of the diseases e.g. the break out of cholera in Kampala in 1997. They can also cause water logging since the water cannot percolate through them and this can be a good breeding ground for some of the vectors which spread diseases. Unnecessary littering of the polythene bags on the roadsides destroys the-would be beautiful scenery. If the buveera are carelessly thrown allover the place, they make the environment very untidy and unpleasant to look at. This is the case in some parts of the city. (The Weekly Observer, Wednesday, 26 May, 2010).

Polythene poses an economic hazard especially to Uganda, which is predominantly an agricultural country. Research has shown that 60% of stray cattle in Uganda die due to consumption of polythene bags though the greater risk is to the soils and crops. Plastic bags are also poisonous when they are burnt below 800oC (The Weekly Observer, Wednesday, 26 May, 2010).

22 CHAPTER THREE

RESEARCH METHODOLOGY

3.0 Introduction This chapter shows the research design, the area of study, study population, sample selection, data collection methods, data analysis, and ethical considerations.

3.1 Research Design The research took the form of the exploratory and analytical study by employing both qualitative and quantitative methods of data collection. To gather quantitative data, the study administered a standard self administered questionnaire in a general survey, while qualitative data was gathered using an interview guide targeting key informants such as officials from NEMA and NGOs dealing with the environment such as Environmental Alert. Quantitative data was summarized using descriptive statistics to determine frequencies and percentages representing the views of the respondents. Qualitative data was used to capture the in-depth information on the effectiveness of environmental laws in the protection of the environment in Uganda basing on the 2009 ban on the polythene bags from people thought to be more knowledgeable and their information was used to supplement the information from the questionnaires.

3.2 Area of Study

The study was carried out in Kawempe division, Kampala. Kawempe Division is in the northwestern corner of the city, bordering Wakiso District to the west, north and east, Nakawa Division to the southeast, and Kampala Central to the south, and Lubaga Division to the southwest. The coordinates of the division are:00 23N, 32 33E (Latitude:0.3792; Longitude:32.5574). Neighborhoods in the division include Kawempe, Jinja-Kawempe, Kanyanya, Kazo, Mpereerwe, Kisaasi, Kikaya and Kyebando (www.wikipedia.org).

The major economic activities in the area include retail shop keeping and few wholesalers, people engaged in private provision of social services such as dispensaries and clinics, schools and those in the telecommunications industry (e.g retailing and wholesaling airtime). A good number of the people in the area are engaged in the informal sector. For example hawking, wheel

23 barrow pushing among others. In terms of infrastructural development, the road network in the area is poor and feeder roads at times become impassable during the rainy season (UN­ HABITAT, 2007).

3.3 Study Population The population that took part in the study were the local people in the area, local council officials, NEMA officials and environmentalists in the division. These were considered knowledgeable about issues of the effectiveness of environmental laws and institutions in the protection of the environment.

3.4 Sample Size and Selection The study consisted of a total of 50 respondents (as shown in table 1 below) who were selected using both random and purposive techniques of sampling. Using random sampling procedures, the researcher was able to select a total of 50 respondents in a general survey. Randomly the researcher selected three zones, where 10 respondents were randomly selected from each Zone. The researcher was able to identify these respondents by using the local councils' village residents' rosters whereupon the names of the residents were put into given numbers and then subjected to a ruffle. Purposively, the researcher selected 8 local council officials two from each village/zone. Twelve key informants were selected from environmental NGOs in the division. The above information can be summarized in the table below.

Table 1: Showing Categories of Respondents Category Number Percentage Locals 30 60% Local council officials 8 16% Environmentalists 12 24% Total 50 100% Source: From the field From the table above, 60% of the respondents were members of the local community (Kawempe division), 16 % were local council officials while 24% were environmentalists from Kawempe division.

24 3.5 Data Collection Methods The study employed both quantitative and qualitative methods of data collection. It basically employed questionnaires, interviews and observation method.

Questionnaires: According to Amin (2005:296), a questionnaire is a self-report instrument used for gathering information about variables of interest in an investigation. A questionnaire (both close and open ended) was developed. In some cases, the researcher administered the questionnaire himself and in some instances he dropped and picked later where respondents were given a maximum of two weeks to fill. The advantage here is that it saved time and more respondents were covered in a short while. Also sensitive questions were answered at ease since names were not be required (anonymity was observed) and in most cases the researcher was absent.

Interviews: Formal interviews were conducted using an interview guide that was administered to the key informants (Local council officials and environmentalists). The advantage with interviews is that they allow probing which leads to generation of crucial results on the pertinent issues under investigation.

Observation: This is also another important method that was employed to collect data. Using naked eyes, the researcher was able to assess or evaluate many physical aspects of the environment in relation to the impact caused by polythene bags.

Documentary review: Secondary data collection involved document analysis of print media and other documents from Kawempe division. Data from secondary sources supplemented that from primary sources.

3.6 Data Analysis The study was expected to yield both qualitative and quantitative data. Quantitative data, gathered using questionnaires, was continually edited from the field, later coded and tabulated into meaningful categories to form themes from emerging issues on the subject of the study. This information was then presented in form of percentages and graphical forms. Qualitative data, which was gathered from key informants using an interview guide, was continually analysed and

25 edited to capture the express10ns of the key informants. This was done by recording the information verbatim which was later summarized in a narrative form from which the most important quotations were used to illustrate major findings. This helped the researcher to compare with the responses from the general survey questionnaires so as to arrive at informed analyses and conclusions about the subject of study. Relevant literature was also used to compare, discuss and analyze the findings.

3. 7 Ethical Considerations A letter of introduction was sought from the faculty of Law, KIU which was presented to the division and local councils' authorities. These in turn, assisted in introducing the researcher to the respondents. The researcher endeavoured to assure the respondents that their responses were treated with utmost respect and confidentiality.

3. 8 Limitations of the study and how they were overcome The. researcher faced the problem of finances as research is costly in terms of transport, stationery and other costs. However, the researcher appealed to friends and relatives for financial assistance for this noble cause. The researcher also tried to use the limited available resources sparingly. For example, minimizing costs on items such as transport on short distances where he could walk.

Locating respondents' especially local council officials and other officials from NGOs wasn't easy since they have tight schedules. However, the researcher tried to make appointments before going to the field to solve the problem.

26 CHAPTER FOUR

PRESENTATION, INTERPRETATION AND DISCUSSION OF FINDINGS

4.0 Introduction

This chapter gives the presentation, interpretation and discussion of findings. It is important to stress that the study was guided by five basic objectives namely; to examine the legal framework relating to solid waste disposal and the protection of environment in Uganda; to examine the institutional framework relating to solid waste disposal and the protection of the environment; to analyze the extent to which the right to a clean and health environment has been observed in Uganda; to determine the extent to which the laws and institutions have been effective in the protection of the environment and to suggest possible solutions for the problems facing the environment in Uganda.

The analysis that follows therefore is based on the above objectives. It is thematically airnnged (themes and emerging sub themes) are presented. Tables, percentages were used to ease the presentation and interpretation of quantitative data while respondents' views are quoted verbatim where necessary. Literature review in chapter two is used to corroborate the findings in this chapter.

4.1 RESPONDENT'S BIO-DATA

The respondents' bio-data focused on in the study included age, sex, education levels, marital status and occupation of the respondents.

4.1.1 Age of the respondents

The study was interested in understanding the age of the respondents because people in the different age brackets have different views on the issue under investigation. The table below summarizes the responses.

27 Table 1: Sex of the Respondents

Age No. of respondents Percentage 18-27 6 12 28-37 19 38 38-47 15 30 48-57 9 18 58+ 1 2.5 Total 50 100 Source: Primary data

From the above table, majority of the respondents were in the age category of 28-37 and 38-47 years represented by 38 and 30% respectively. The least number of respondents (2.5%) were above 58 years. Also, 12% of the respondents were between 18-27 years while 18% were between 48-57%. The implication is that the study included viliually all age groups and as such was able to capture enough data for the study. Secondly, the most active group formed the majority of the respondents and as such their views were very paramount for the study.

4.1.2 Sex of the Respondents

The study aimed at capturing views from all the sexes and as such both men and women were selected to participate in the study. The table below gives the summary of the respondents in terms of sex/gender.

Table II: Sex of the Respondents Sex No. of respondents Percentage Male 29 58 Female 21 42 Total 50 100 Source: primary data

From the table above, 58% of the respondents were male respondents while 42% of the respondents were females. This therefore indicates that all sexes were represented in the study and the difference between the sexes isn't big. As such, enough information was collected from the area of study from both men and women.

28 4.1.3 Marital status of the respondents

The study further considered the marital status of the respondents and the aim was to get diverse views from all the groups. The pie chart below gives the summary of the respondents. Pie chart I: Marital status of the respondents

Marital Status of Respondents 10%1

2%, !0% I @'J Single i Iii Married I o Di\.Orced I I□ Separated i /■ Widowed ID Others

Source: Primary data

From the above pie chart, majority of the respondents were married represented by 54%, while 34% of the respondents were single. Respondents from the other categories were very few. Those who had divorced and those that belonged to the "other" category were non-existent in the sample. Those who had separated and widowed were represented by 2.5% and 10% respectively. From the above therefore, one can say that the study was dominated by the married and the single respondents. This can be justified by the fact that in any given community, these are the two groups that are normally dominant.

4.1.4 Level of education of the respondents

The study also considered the education levels of the respondents. The aim was to ensure that people from different education levels paiiicipated in the study since their views differ. The table below summarizes the responses.

29 Table III: Education levels of the respondents

Education level No. of Percentage respondents Primary 3 6 Secondary 8 16 Tertiary 16 32 Degree 12 24 Others 11 22 Total 50 100 Source: Primary data

From the above table, majority of the respondents had tertiary level of education (32%), followed by those with degrees (24%). Respondents who fell in the 'other' category formed 22% while secondary and primary level of education had the least number of respondents with 16% and 6% respectively. This therefore implies that high quality results were obtained from the study since all the respondents that participated in the study had some formal education and importantly, respondents with higher levels of education formed the majority.

4.1.5 Occupation of the respondents

The study also looked at the occupation of the respondents so that we could establish the relationship between occupation and protection of the environment. It was also to ensure that respondents from different occupations participated in the study. The table below summarizes the findings.

Table VI: Occupations of the respondents

Occupation No. of respondents Percentage Government employee 4 8 NGO worker 3 6 Private sector employee 14 28 Self employed 16 32 Unemployed 7 14 Others 6 12 Total 50 100

Source: primary data

30 From the above table, majority of the respondents, the majority of the respondents were self employed (32%) followed by those employed by the private sector (28%). This can be explained by the affect that in an urban setting such as Kampala, there has been the growth of the private and informal sector and they are now the dominant employers' more than the government. It's therefore no wonder that the majority of the respondents came from this category. However, even other categories were represented. Government employees formed 8%, NGO workers 6%, and those that fell in the 'other' category were 12%.

4.2 The Legal Framework Relating to Solid Waste Disposal and the Protection of Environment in Uganda

The study endeavoured to establish the existing legal framework in place relating to solid waste disposal and the protection of the environment. By solid waste (SW) we mean "garbage", "trash", "refuse", "rubbish" and plastics with particular emphasis laid on polythene bags (Kaveera). It should be noted that urban dwellers generally consume more resources than rural dwellers, and so generate large quantities of solid waste and sewage. Understanding the existing laws managing such waste was paramount for this study.

From the study, it was established that many laws have been formulated to protect the environment and the commonly mentioned laws by the respondents especially the Key informants were; The Constitution (1995), National Environment Statute (1995), Wetlands Policy (1994), Water Statute (1995), the Land Act (1998), Local Government Act (1997), the National Environment (wetlands, river banks and lakeshores) Regulations (2000) among others.

However, it was established that many of the community members didn't know most of these laws and this therefore explains the reasons why they go on to violate these laws, in other words they are ignorant about the laws. Indeed when the respondents were asked on the laws they know relating to the protection of the environment, the majority didn't give any as the table below indicates;

31 Table VII: Extent of knowledge of the existing environmental laws

Responses No. of Percentage respondents I know many laws protecting the 11 22 environment I don't know any law protecting the 32 64 environment Undecided 6 12 Total 50 100

Source: primary data

From the above table, the majority of the respondents (64%) were ignorant about the environmental laws while 22% of the respondents knew some of these laws. However 12% of the respondents were undecided on the issue. This therefore shows that to a great extent communities are ignorant about the laws and as such government should put in effort to sensitize the communities about these laws. As the saying goes "ignorance of law is no defence", it's the duty of the government to let citizens know of the laws they will have formulated.

When asked about the law that is more effective in the protection of the environment, most of the respondents mentioned the constitution. However, they couldn't give specific provisions of the constitution relating to the protection of the environment. This therefore shows that although citizens know some laws relating to the conservation of the environment, they are not specific on particular articles. In other words, much needs to be done in the area of sensitization about the exiting laws on the environment.

Further, respondents were requested to explain why despite the existence of the laws and the ban on the Kaveera in 2009, they keep on using the same banned Kaveera. Respondents gave varying arguments as the table below summarizes;

32 Table VIII: Reasons for the continued use of Kaveera

Responses No. of responses Government didn't give alternatives 41 Kaveera is cheap 19 Investors had put in much money in the manufacture of 12 Kaveera K.ACITA helped and convinced the government to 31 extend the period Nobody has been arrested for using Kaveera 26 We use the recommended microns 9 Even the government people use it 29 Manufacturers are connected to government 15 Government is never serious 33 Elections were around the corner (poor timing) 9

NB: multiple responses were allowed

From the above table, most of the respondents seem to be shifting all the blame on the government some arguing that the government didn't give alternatives to use after the ban which attracted 41 responses; others argued that the government is never serious and as such most of the laws are never implemented, this attracted 33 responses, others stressed that even the government officials and employees continue to use Kaveera (29 responses) and that since elections were around the corner in 2011, government couldn't become harsh on the business community and the general members of the public (9 responses). 15 responses supported the view that some of the manufacturers are connected to the government or are the government people themselves and therefore can't ban a lucrative business like the manufacture ofKaveera.

Other factors given for the continued use of Kaveera despite the ban are; the fact that Kaveera is cheap and can be afforded by a cross-section of the society compared to other means (19 responses), that nobody has been arrested over the use of Kaveeera (26 responses), while others argued that they use the recommended microns of macrons (9 responses).

A cross-section of respondents further argued that manufacturers had put in a lot of money and therefore had to appeal to government to extend the ban deadline. According to one respondent " Imagine you have just set up your industry and all of sudden with no prior notice, the

33 government puts up a ban, what happens to all the millions invested?; he lamented. As such, government had to halt the ban bearing in mind such considerations.

Others said that Kampala City Traders Association (KA CITA) had to come in to be on their side so that they can convince the government to extend the ban. Therefore, from the responses got, one can argue that the continued use of the Kaveera despite the ban in 2009 should be blamed entirely on government for its weak enforcement mechanisms. This finding corroborates the works of Matovu (2006) when he argues that there is the problem of enforcement of the legal requirements for protection of the environment and public health. Whereas it is now largely accepted that environment is important worth protecting, and whereas enforcement of environment regulations, is expected to be done through a hierarchy of enforcement levels from national (WMD, NEMA), districts down to community levels, the enforcement capacity available at all these levels appears not to be able to match the widespread nature of the problem of environment degradation.

4.3 The Institutional Framework in Place Relating to Solid Waste Disposal and the Protection of the Environment Respondents were quick to mention some of the institutions they think are responsible for environment protection in Uganda. Among the institutions mentioned were; the ministries of water and environment, animal industry and fisheries, tourism, trade and industry, national environment management authority (NEMA), Uganda wildlife authority, national forestry authority, (NF A) among others with legal mandates to manage the environment. These work in close collaboration with a number of Non-governmental organizations, scientific and technical institutions.

Below is a summary of the institutions the respondents' mentioned which they think are responsible for environmental protection/conservation in Uganda;

34 Table IX: Institutions responsible for the protection of the environment Institution No. of respondents Percentage NEMA 16 32 UWA 6 12 NFA 3 6 Ministries 5 10 NGOs 2 4 Parliament 6 12 The courts 2 4 Central government 5 10 Local governments 2 4 Don't know 3 6 Total 50 100 Source: Primary data

From the above table, it can be seen that the majority of the respondents know NEMA as the most active institution in the management of environment in Uganda (32%). Other institutions mentioned were Uganda Wildlife Authority, 12%, National Forestry Authority, 6%, ministries, 10%, Non-governmental organizations 4%, parliament 12%, the courts 4%, central government, 10%, local government, 4%, and those who didn't know of any institution formed 6% of the total respondents.

Therefore, it's important to appreciate that although many people in Uganda don't know many laws protecting the environment, they at least know the institutions that protect the environment. Therefore in case of people degrading the environment, the community can report such acts to institutions such as NEMA for action.

Respondents were further asked why they think despite the presence of these institutions, the environment continues to be degraded and the responses given were as discussed below;

Many respondents stressed the issue of funding. They argued that institutions such as NEMA, are poorly funded and as such they have not even established branches in all districts of Uganda. Therefore in the absence of enough money, "NEMA remains a toothless dog that cannot bite" said one respondent.

35 Fm1her, local governments are supposed to use their own resources to put in place environmental institutions, such as district environment committees and sub-county environmental committees, as stipulated in the law, and to develop environmental plans. However, financial resources to the local governments are hard to come by. Therefore, the challenge of finances has seriously impacted on environmental management.

The above finding co1Toborates the works of Nyangabyaki (2003) when he asserts that some districts have employed environmental officers but do not have the budget to pay their salaries and even facilitate them to carry out their work. In all these districts, the environment office is seldom more than a one or two-person department. Environmental activities are carried out using funds from donors or from two government programs, namely the Plan for Modernization of Agriculture and the Poverty Action Fund. This puts into question the long-term sustainability of the environment or wetland based enterprises initiated through such short term programs or donor funding.

Further, respondents stressed the issue of human resource capacity in these institutions. They argued that the manpower capacity in these institutions is weak and therefore when it comes to law enforcement, challenges do emerge.

It has been established that inadequate staffing in most districts across the country is affecting the implementation of key government programmes. For example, according to the Acting Secretary General of the Uganda Local Governments Association, a survey carried out by the Uganda Local Government Association (ULGA), established that the average staffing at the moment is around 64%, which affects service delivery across the country (The New vision, Sunday, 26th September, 2010). This too affects the environment.

Moreover, most of the district staffs are required to be degree holders in addition to other professional qualifications. "Under the current law, most posts previously held by diploma holders require people with higher qualifications, at degree level at the lowest," However, according to the Uganda Local Government Association (ULGA), even getting diploma holders to work at the sub-county level is proving to be very difficult at the moment.

36 Another important argument advanced by the respondents as to why these institutions are non­ functional is that political influence affects environmental management. They argued that institutions such as NEMA have been politically influenced and therefore cannot stand as an independent body that can make independent decisions. As a result, wetlands have been encroached on, trees have been cut and many environmentally sensitive areas occupied without the knowledge ofNEMA.

4.4 The Extent to Which the Right to a Clean and Health Environment has been observed in Uganda Respondents were asked what they thought constituted a clean and healthy environment. According to the responses, the following were the responses;

Responses No. of respondents Percentage Clean drinking water 12 24 Un contaminated air 22 44 Garbage free environment 13 26 Others 3 6 Total 50 100 Source: Primary data From the above table, majority of the respondents stressed that uncontaminated water constituted a healthy and clean environment, 24% mentioned clean drinking water while 26% mentioned a garbage free environment as a constituent element of a clean and healthy environment. The remaining 6% mentioned other issues that constitute a clean and healthy environment. Among these factors include; un-littered environment such as that one littered by polythene bags.

Respondents were further asked the extent to which they have enjoyed their right to a clean and health environment and the responses are as below;

37 Pie Chart H: The extent to which Ugandans have enjoyed a right to a clean and healthy environment

Whether ugandans have enjoyed right to a clean and h~...... ~----~ environment li!l Ha-.e enjoyed the right

10% 111 Ha-.e not enjoyed the right D Undecided

Source: Primary data

From the above table, 34% of the respondents stressed that they have enjoyed their right to a clean and healthy environment, 56% said they have not enjoyed while 5% of the respondents were undecided on the issue. This therefore implies that majority of Ugandans and in particular the residents of Kawempe division have not enjoyed their right to a clean and health environment. They mentioned air pollution, noise pollution especially from taxi operators among the issues that have denied them their right to a clean and health environment.

4.5 The extent to which the institutions and laws have been effective in the protection of the environment

On the effectiveness of NEMA as a lead agency in environmental management, respondents strongly argued that the institution has been ineffective as the table below shows. Table IX: Effectiveness of NEMA in the Management of the Environment Responses No. of respondents Percentage NEMA is effective 19 38 NEMA is ineffective 29 58 Undecided 2 4

Total 50 100 Source: Primary data

38 From the above table, majority of the respondents (58%) argued that NEMA as a lead agency in the management of the environment has been ineffective in its work. Other respondents (38%) argued that NEMA has been effective while only 4% of the respondents were undecided on the issue.

It is important to note that in Uganda, since 1986 the government has tried to put a number of environmental laws and policies in place. However, according to the findings, it was established that these laws have had their own shortcomings. For example, most of these policies and laws have made protection of the environment difficult because of their conflicting nature. Lack of government consultation from various stakeholders in formation of laws and policies have caused conflicting situations and interests by various groups resulting in sacrificing the environment.

Other reasons given for the ineffectiveness of environmental laws can be shown and discussed below;

Table X: Why laws are ineffective in the management of the environment

Response No. of Percentage respondents Laws are not interpreted in local languages 9 18 Laws are contradictory 5 10 Some laws are outdated 11 22 Laws are insufficient 7 14 Many laws are not enforced 7 14 There is lack of compliance from the general 11 22 public Total 50 100

Source: Primary data

From the above table, majority of the respondents stressed that environmental laws in Uganda are not complied with by the general public (22%). Other respondents said laws are not interpreted in the local languages (18%), some laws are contradictory (10% ), laws are insufficient (14%), that many laws are not enforceable.

The findings above corroborate the works of Apunya (2006) when he stresses that effective implementation of environmental laws is faced with a number of limitations and challenges; the

39 major limitation being political interference which undermines enforcement of laws. While the major challenges are a result of various laws scattered in the various national laws and general lack of awareness by the general population of these laws.

40 CHAPTER FIVE

SUMMARY OF FINDINGS, CONCLUSIONS AND RECOMMENDATIONS

5.0 Introduction

This chapter gives the summary of findings, conclusions and recommendations as they emanate from the study.

5.1 Summary of findings

From the discussions emanating from the study, the following can be the summary of the findings;

The legal framework in place relating to solid waste disposal and the protection of environment in Uganda.

It was established that there are many laws in Uganda protecting the environment from degradation. Among the many laws cited were The 1995 Constitution of the Republic of Uganda which has got provisions for enhancing conservation and management of the environment and natural resources. Objective XIII of the National Objectives and Directive Principles of State Policy and Article 237(2) (b) of the Constitution pronounces the public trust doctrine. Like the Constitution, the section 44 (] ), (4) and (5) of the Land Act thereof enshrines the public trust doctrine and provides that the government or local government holds in trust and protects for the common good of all citizens of Uganda certain environmentally sensitive areas such as natural lakes and rivers, ground water, natural ponds and streams, wetlands, forest reserves, national parks and any other land reserved for ecological and touristic purposes. Accordingly, w1der the Land Act, Government has no powers to lease or otherwise alienate any natural resource mentioned above but may only grant concessions or licenses or permits in respect of that natural resource.

Another major law mentioned was the National Environment Act, enacted in 1995. It provides for sustainable management of the environment and established the National Environment Management Authority (NEMA) as the principal government agency for the management of the

41 enviromnent. NEMA is mandated to coordinate, monitor and supervise all activities in the field of the environment.

The institutional framework in place relating to solid waste disposal and the protection of the environment It was established that in Uganda, there are many bodies and institutions involved in the management of the enviromnent and they were established as; the ministries of water and enviromnent, animal industry and fisheries, tourism, trade and industry, national environment management authority (NEMA), Uganda wildlife authority, national forestry authority,(NFA) among others with the legal mandates to manage the environment. These work in close collaboration with a number of Non-governmental organizations, scientific and technical institutions.

Other institutions included the central government, the local government, the courts, the parliament and the judiciary among others. Each of these institutions was found to be playing district roles though these roles are all coordinated towards environmental management.

The extent to which the right to a clean and health environment is observed in Uganda The study established that many issues can be regarded as consisting a clean and healthy environment and among the issues cited by the respondents include; un polluted air, a free­ garbage enviromnent, clean and un contaminated water among others.

On whether Ugandans have enjoyed their right to a clean and healthy environment, majority of then respondents were in disagreement (56%) while the minority (34%) said they have enjoyed their right to a clean and health environment. This therefore shows that Ugandans have not fully enjoyed their right to a clean and healthy environment.

42 The extent to which environmental laws and institutions have been effective in the protection of the environment

On whether environmental laws and institutions have been effective in the management of the environment, many respondents were in total disagreement while the minority said some laws and institutions have been effective.

Specifically respondents cited NEMA as an institution and argued that the institution ha failed in its work. Indeed majority of the respondents (58%) argued that NEMA as a lead agency in the management of the environment has been ineffective in its work. Other respondents (38%) argued that NEMA has been effective. One can therefore assert that NEMA as a lead agency in environmental management has failed in its work.

On the laws and their effectiveness, respondents stressed that these laws have also made the conservation of the environment impossible. They argued that many laws are weak, they are not translated into local languages, some laws are not enforced and where enforcement is done, the level of compliance from the people is always low simply because in the fast place, they are not sensitized about such laws and what they are intended to serve.

5.2 Conclusions

The conclusions made here are directly drawn from the findings and the discussions of the study. It's important to appreciate that there are many laws and institutions in place in Uganda aimed at conserving the environment. However, what can be noted is that most of these faws and institutions are weak and have got many challenges that render them ineffective in enviromnental management.

Secondly, although the constitution of the republic of Uganda provides for the right to a clean and healthy environment, many Ugandans are still far from enjoying this right. Environment pollution, contaminated water and many hazardous products still pose challenges to the environment.

43 5.3 Recommendations

There is need for the government to increase environmental budget both at the local government level and central government level. Environmental institutions such as NEMA have failed to fully manage the environment basically for one major reason namely that they are under funded. If these institutions are to perform better, there is need for increasing the budget allocated to the environment and in particular to institutions such as NEMA which is a lead agency in environmental protection.

Fmiher, there is need for the government to enforce environmental laws and put up serious penalties for those who fail to comply with the laws. The challenge has been that many laws are formulated but when it comes to enforcement, challenges do emerge.

Government should acquire technical knowledge and skills to convert garbage into composite manure, biogas or electricity, to give value to garbage, by training a multiplicity of persons from its staff, the Civil Society Organisations (CSOs), the entire community in this new approach to garbage management. Civil Society Organisations (CSOs) need to liaise with schools to make garbage management a formal subject in the school curricular and also take further steps to provide non-formal education to all stakeholders about garbage management with the view of influencing and changing their long established habits that are a cause of poor sanitation situation.

The community should practice waste recovery, recycling and reuse so as to reduce the amount of garbage in totality. This should be done by sorting and separating waste; recovering and reusing valuable ones and recycling which can create new value. All this therefore requires a lot of community sensitization by the government.

The community should police each other on garbage management by creating shame and deterrent actions against the culprits of indiscriminate dumping of waste. Each community member should keep watching the other and where possible report to the responsible authorities.

44 There is need for proper planning and budgeting for waste management, education of the public on modern waste management, improving the working conditions of personnel in garbage collection, and ensuring adequate supervision, monitoring and control mechanisms.

NGOs and other Civil Society Organisations need to come up openly and sensitize people about their rights and specifically their right to a clean and healthy environment. As it stands now, it seems government and its agencies have failed to guarantee people of their right

45 REFERENCES

Amin, M, 2005. Social Science Research: Conception, Methodology and Analysis, Kampala Makerere University Printery.

Akello Echookit Christine (2007) Environmental regulation in Uganda: Successes and challenges, Law, Environment and Development Journal Volume 3/1.

Apunyo Robert, (2006); Managing Wetlands with Changing Times-Uganda's experience, Research Assistant Makerere Institute of Social Research, (MISR), Kampala, Uganda.

Australian Broadcast Corporation (ABC) (2008) China bans ultra-thin plastic bags, Radio Australia broadcast text, Available from: http://www.radio australia.net.au/programguide/stories/200806/s226293 l .htm Accessed on 20th August, 2010.

City of San Francisco (2007) Plastic Bag Reduction Ordinance-Ordinance number 81-07. Available online: http://sfgov.org/site/uploadedfiles/bdsupvrs/ordinances07/o0081-07 .pdf Accessed 22nd August 2010.

Dumas and Daisy (2007) Landfill-on-sea. Ecologist 37:7, pp. 34-37.

Ecovitality (1998a) The causes of environmental law failures. Available on http://www.ecovitality.org/badlaw.htm

Environment Australia (2002) Plastic shopping bags-analysis of levies and environmental impacts final report. Available from: http://www.tud.ttu.ee/material/piirimae/eco­ design/Plastic%20bag/analysis-fina1.pdf [Accessed 20th August 2010).

Greenwatch (2006) Rep01i of the proceedings of the training workshop on enforcement of environmental laws for district environment officers and environment inspectors in Uganda. Ridar Hotel-Seeta Mukono 9th-11th April, 2006 the John D. And Catherine T. Mac A1ihur Foundation

Lubega Matovu George (2006) The Challenges in Monitoring and Enforcement of Environmental Laws in Uganda, Natural Resources Management Specialist (Aquatic Biodiversity), A Paper Presented at a Training Workshop to strengthen and enhance the Capacity of Police Investigators and state prosecutors to enforce environmental laws.

Matovu George Lubega, (2006); The Challenges in Monitoring and Enforcement of Environmental Laws in Uganda. A Paper Presented at a Training Workshop to strengthen and enhance the Capacity of Police Investigators and state prosecutors to enforce environmental laws, March 2006.

NEMA (1998). Caring for our Environment A Handbook for Local leaders, NEMA in conjunction with Friedrich Ebert stiftung (FES).

NEMA, (2001) State of the fnvironment Repo1i for Uganda, 2000/2001, Kampala Uganda.

46 Nyangabyaki Bazaara (2003) January 2003 environmental governance m Africa, working papers: WP #7 decentralization, politics and environment in Uganda.

Ontario Ministry of the Environment (2007) McGuinty government targets 50 per cent reduction in plastic bag use by 2012. Press Release-Available from: http://www.ene.gov.on.ca/en/news/2007/05090 l .php (Accessed 27 March 2009]

Pradhan, Suman (2000) "Environment-Nepal: Days Numbered For Plastic Bags." Environment Bulletin, Jan 18, 2000.

Reazuddin (2006) Banning polyethylene shopping bags: a step forward to promoting environmentally sustainable development in Bangladesh. Bangladesh Centre for Advanced Studies Bangladesh, Dhaka

Republic of Uganda, The constitution of Uganda 1995

Republic of Uganda, The Local government Act

Sell, S. and Prakash, A. (2004) Using ideas strategically: the contest between business and NGO networks in intellectual property rights. International Studies Quarterly 48, pp. 143-175.

Sen, K. (2002) Globalisation and employment in Bangladesh and Kenya, Globalisation, Production and Poverty Paper No. 7. University of East Anglia School of Development Studies.

Spokas, K. A. (2007) Plastics: still young, but having a mature impact. Waste Management 28:3 , pp. 473-474.

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The constitution of the Republic of Uganda 1995

The National Environment Act of Uganda 1995

United Nations Environment Programme (UNEP) (2005b) Plastic bag ban in Kenya proposed as part of a new waste strategy. UNEP Press Release February 2005,

United States Environmental Protection Agency (USEPA) (2006) Municipal solid waste in the United States: facts and figures, March Available from: http://www. epa.gov/epaoswer/non­ hw/muncpl/pubs/mswchar05 .pdf, Accessed 18th August 2010.

UN-HABITAT (2007), Situational Analysis of informal settlements in Kampala: Cities without slums, sub regional programme for Eastern and Southern: Kivulu (Kagugube) and Kinawataka (Mbuya I) parishes.

Umiat-G (2004) understanding polythene bags, Available on http://answers.google.com/answers/threadview?id=3 l 4 727 accessed on 22nd August 20 I 0.

47 Wallace, R. (2006) Giveaway plastic bags banned. The Australian, Available from: http://www.theaustralian.news.com.au/story/0,20867.19823466-27652,00.html [Accessed 21 August, 2010.

Worldwatch Institute (2004) Good stuff? A behind-the-scenes guide to the thing we buy­ Available from: http://www.worldwatch.org/system/files?file=GSOOOO.pdf Accessed on 20th August 2010.

The New vision. Sunday 26th, September 2010.

The Weekly observer 26th may 2010 http://www.reusablebags.com/news.php. http://2l6.239.53.l04/search?q=cache:VeRps6HWheYJ:www.carrierbagtax.com/downloads/env ironment. pdf+ www.wikipedia.org

48 APPENDICES

QUESTIONNAIRE

Dear Respondent,

I am by names of Aggrey, a student of Kampala International University (KIU) in the faculty of LAW. I am carrying out an assessment on the effectiveness of environmental laws on tlte protection of the environment basing on the 2009 ban on Polythene bags (Kaveera) as a requirement for my degree. All the data collected will be used for academic purposes only and all the views will be treated with a lot of confidentiality.

SECTION A: (Tick where applicable)

RESPONDENT'S BIO-DATA

1. Age 18-27 CJ 28-37CJ 38-47 CJ 48-57 CJ 584.______.

2. Sex: a). Male CJb).Female CJ

3. Marital status:

(i) Single CJ

(ii) Married CJ

(iii)Divorced CJ

(iv) Separated CJ

(v) Widowed CJ

(vi) Other, (specify) CJ

4. Level of education:

(i) Primary level CJ

(ii) Secondary CJ

(iii) Tertiary CJ

(iv) Degree CJ

I 49 (v) Other, (specify)

SECTIONB

The legal framework in place relating to solid waste disposal and the protection of environment in Uganda

1. What are some of the laws you are familiar with that aim at the protection of the environment and in particular solid waste disposal such as plastics (Kaveera)

2. Of the laws mentioned, which one is more effective in the protection of the environment and why? ......

3. Why 1s it that despite the legal framework in place, environment keeps on being degraded ......

4. Briefly explain what you think in your view is the reason for persistent use of Kaveera despite the government ban in 2009?

The institutional framework in place relating to solid waste disposal and the protection of the environment 5. Mention some of the institutions you are familiar with that are involved in the management of the enviromnent in Uganda

50 ····················································································································· ····················································································································· ···································· .. ········ .. ······················ ...... 6. In your view, why do you think the environment keeps on being degraded in spite ofNEMA's presence? ......

7. In your view, has NEMA been effective in the protection of the environment most especially with the disposal of solid waste such as plastics. Explain

8. How effective have been the other institutions involved in the management of the environment in Uganda. Please explain

9. In your view, what do you think should be done differently within these institutions in as far as the protection of the environment is concerned? ····························································································································································

The extent to which Ugandans have enjoyed their right to a clean and health environment 10. In your view, what would constitute a clean and health environment? ......

51 ···························································································································································· ························································································································································ 11. The constitution of the Republic of Uganda provides that everybody is entailed to a clean and health environment. To what extent have you been able to enjoy this right as a Ugandan? Please explain your answer ····················································································································· ····················································································································· ····················································································"•······························· ········································································································· 12. How effective have environmental laws and institutions been in ensuring a clean and health environment in Uganda

The extent to which the law has been effective in the protection of the environment 13. Although there are many laws in Uganda protecting and conserving the environment, environment degradation as a result of solid waste (Kaveera) still remains high. Explain why ......

14. What would you wish to see done differently in as far as effecting environmental laws is concerned?

15. If laws were effective/ineffective why is it that Kaveera is still being used yet it was banned? ......

Role of civil society in the protection of the environment

16. In your view, do you think NGOs have any role to play m the management of the environment? Explain some of the roles if any

52 ····················································································································· ····················································································································· ...... ····················································································· 17. Mention some of the NGOs familiar to you that are involved in the management of the environment in Uganda? ····························································································································································

18. How effective are NGOs in the protection of the environment?

The methods of disposal 19. Explain the methods of disposal of solid waste (plastics) in Uganda familiar to you ......

20. In your view, do you think these methods of disposal are effective? Explain ......

Solutions to the problems of environmental degradation

21. Suggest some solutions to the problem of environmental degradation in Uganda

......

THANK YOU FOR THE COOPERATION

53 INTERVIEW GUIDE FOR THE KEY INFORMANTS

1. What are some of the laws in place governing the environment in Uganda 2. What are some of the institutions in place governing the environment in Uganda? 3. In your view, do you think these laws and institutions are effective in protecting the environment? Explain 4. Ugandans are by the 1995 constitution entitled to a clean and healthy environment. To what extent have Ugandans enjoyed this right? 5. What are possible forms of disposal of solid waste available in the division?

End

54