Children's Access to Justice for Environmental Rights | Uganda

This report looks at whether the laws and policies in Uganda make it possible for children to access their environmental rights.

Environmental rights are protected in the 1995 Constitution of the Republic of Uganda. It is also the “duty of every citizen of Uganda […] to create and protect a clean and healthy environment”. The National Environment Act (2019) is the primary framework for regulating environmental management. It creates new offences related to the environment and stronger penalties for breaches of protections, as well as providing for the future establishment of an enforcement authority known as the “Environment Protection Force”. The National Environment Act also recognises Nature’s fundamental rights to be, to habitat, to evolve and regenerate.

Environmental rights have been upheld in the Courts. The Supreme Court confirmed that the ‘Polluter Pays Principle’ and the ‘Precautionary Principle’ are part of Ugandan law. Mbabazi & Ors v Attorney General, brought in 2012 on behalf of 4 Ugandan minors, was one of the first rights-based environmental claims in the African Courts. It invokes the ‘Public Trust Doctrine’ and will test the Courts on their application of ‘intergenerational equity’. Unfortunately, no further action has been taken on this case since 2017 and judgement remains pending. Despite having the power to do so, the Courts have often shown reluctance to grant meaningful and effective orders in environmental cases (for example, Greenwatch v AG & NEMA). 

Children (defined as persons aged under 18) are reliant on environmental cases being instigated by the ‘next friend’ (a person acting as a legal guardian). There is no free legal aid provision for environmental cases; instead, children requiring legal aid depend on NGOs.

By ratifying the UN Convention on the Rights of the Child, Uganda has taken on legal obligations under international law. Children’s rights to freedom of assembly, association, expression, and information are protected in Ugandan law. Nevertheless, children’s civil and political rights are being threatened. For example, The Public Order Management Act 2013 gives police wide discretionary powers to prevent public assemblies based on the preservation of public order. With the age of criminal responsibility being 12 years old, it means children could be imprisoned for participating in climate strikes if they are deemed ‘unlawful assembly’ or common nuisance.

This report was published in February 2023 and developed with the support of our external reviewer as well as finalised based on any feedback from the State. To learn more read the full report below, and please get in touch if this information was useful and you want to talk more.