Expert tips on how to manage nature sustainably

Nov 15, 2019

Godber Tumushabe said that to be able to manage the environment for sustainable development, mechanisms should be put in place.

ENVIRONMENT

KAMPALA - Through the theme "Give nature a voice", the Uganda Christian Lawyers on Thursday converged at Metropole Hotel in Kampala to discuss how to manage water and environment sustainably. 

Godber Tumushabe, the Guest speaker said that to be able to manage the environment for sustainable development and to promote environmental awareness, mechanisms should be put in place to keep water and environment alive.

He said litigation is the main way of securing the compliance of the environmental law.  "Legal action should be enforced such that the environment is preserved", Godber said.

Tumushabe further encourages the authorities in charge of water and environment to enforce the law on cutting down of trees and swamp clearing.

He adds that lawyers who defend the criminals that try to destroy nature should be eliminated from society.

He said there should be a financial mechanism put in place during the budget allocation that reads every year.

"This point brings about how the finance sector should ensure financial facilities are put in place to ensure that nature is protected," He said

The land protection police should be very vigilant on the people that destroy swamps and cut down trees for their selfish desires, says Dr. Phiona Muhwezi Mpanga.

She noted that under article 245 of the Uganda Constitution, which states that Parliament shall by law protect and provide measures of preserving the environment. 

However, through government, the security agencies should work hand in hand with environmental authorities to preserve nature from pollution, degradation and abuse such that animal species are kept alive which promotes tourism. 

In addition, Mpanga said "forest reserves are declared trust properties. Forest reserves, rivers, lakes, wetlands are considered, belong to the people, and citizens hold them in trust."

Under the Land Act and the Constitution of Uganda, the land use of protected areas (forest reserves, national parks, wetlands) shouldn't be changed. In addition, the land under protected areas shouldn't be alienated meaning they can be leased out, titled to grant individual ownership.

There are only two instruments that you use to do economic activities in these assets; they are either concessions or permits. 

These two instruments help to guide the public when they want to give out the forest reserve for an activity that is consistent with the objectives of the forest reserve or when you want to give out a permit for an activity that does not change the land use of the protected area, Tumushabe elaborated.

"You cannot give out a lease, and the rationale with these instruments, the regulatory authorities retain the right to be able to access these resources to make sure that you are complying with the objectives of the sustainable development.

By the nature of our law, we were able to argue out that no, government could not have leased out Butamira forest reserve the case went up to the High Court, we won the case but now you have to deal with compliance.

However, Tumushabe pointed out that there are other tools that can be used to enforce protection of the water and environment law. Such tools include administrative and market mechanisms.

The market mechanisms include carbon credits which are rewards given to people or companies that absorb or sink waste gases such as carbondioxide.

Tumushabe advised the government to strongly enforce legal mechanisms under administrative action to make decisions and laws to guide the public on what to do and not to do. 

 

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