Ben Kiromba Twinomugisha
Accountability, environment, healthy, judicial protection, private actors, rights, state, Uganda.
In Uganda there has been significant progress in the field of environmental protection through various legal and policy strategies. The Constitution of Uganda and the National Environment Act contain novel provisions, including the right to a clean and healthy environment. The judiciary in Uganda has decided a number of cases concerning violations of this right. Against this background, this article reflects on the extent to which the judiciary has protected the right. The article finds that through a creative application of the right, the judiciary has to some extent held the state, its agencies and private actors accountable. The article concludes that there are still challenges facing judicial protection of the right. For an enhanced judicial protection of the right, the article recommends a more expanded application of relevant constitutional provisions. Environmental and human rights activists should not only educate the public on the right to a clean and healthy environment and its enforcement but also adduce necessary scientific and technical evidence in court.
(2007) 3(3) Law, Environment and Development Journal 244