Authored By: NALULE SAUDAH
CAVENDISH UNIVERSITY UGANDA
Abstract
Climate change is the ongoing threat to the global environment. Globally, countries are facing climate change challenges manifested by floods, drought, landslides, loss of biodiversity which has an effect on human nature and world life. On the other hand, environmental laws cover a set of rules, policies and legislations on environmental governance. The Paris agreement of 2015 as a legally binding international treaty on climate changes obliges every member state to undertake efforts to combat climate change by the year of 2030.Uganda as a party to Paris agreement has responded by passing a number of policies and legislations to combat climate changes. This article shall analyse the causes of climate change, its effect, environmental laws and policies and how such laws been relevant to climate changes.
Introduction
Climate change refers to significant, long term changes in the global climate. Climate change is a global environmental issue that has been identified by scientists over the last 30 years as a significant threat to both humans and biological diversity[1].
Uganda manifest climate change through floods, drought, landslides especially in the eastern region in “Buduuda”, unexpected changes in sessions, loss of biodiversity which have effects on both human nature and world life affecting the health sector ,transport, food security, education and the economic sector.
It is noted that human life is influenced by climate as climate dictates where humans live, what they eat, how they move around, how they earn a living and what they do for recreation[2]. However, in return, human activities also influence climate change. For instance deforestation, industrialisation, urbanisation and waste disposal. Therefore, a need for climate laws comes in to regulate human activities and hold them accountable for their actions.
Historically, during the pre-colonial era, Uganda had no issues with climate change apart from those few which were naturally caused and therefore, there was neither policies nor laws on climate change. Agriculture was carried out depending on sessions which were constant. But due to colonisation, there was modernisation which was followed by industrialisation and various human activities that lead to climate changes. Uganda’s approach on climate change is highly linked to international engagement with climate change policies[3]. Uganda is a party to various international climate change conventions and treaties and on addition it has vast of national policies and laws on climate change governance.
This article analyses how climate laws have been relevant in combating climate change. The article shall start by discussing the causes of climate change, then effect of climate change, it shall further discuss the various international and domestic laws while noting their relevance in combating climate change and finally discuss the climate change litigation.
1.CAUSES OF CLIMATE CHANGE
Cause of climate changes are classified into two main categories: natural causes and human cause[4] as explained below.
1.1. Human causes
Human activities have an influence on climate changes.
1.1.1. Deforestation;
This is the cutting down of trees for various purposes among which include construction of buildings, electric poles, charcoal production, agriculture and settlement. The cutting down of trees lead to the release of stored carbon dioxide into the atmosphere causing global warming.
1.1.2. Air pollution
This involves contamination of air by chemical, physics and biological changes. Air pollution is caused by burning fossil fuels which leads to the release of greenhouse gasses that heat and alter atmospheric radiation. Human causes such as industries, transport means like vehicles emits fossil fuel into the atmosphere.
1.1.3. Drainage of wetlands
Human activities such as agriculture, settlements, industrialisation and road construction has led to the drainage of wetlands leading to a decline in water table and disable the hydrological cycle. In Kampala for instance, people have settled in wetlands, industries have been built in wetlands which results into flooding in the urban areas. The drainage of wetlands lead to release of stored carbon back to the atmosphere which is one of the primary component of greenhouse gasses.
1.1.4. Waste disposal
Poor waste management and burning of wastes produces methane and carbon dioxide which destroys the ozone layer.
1.2. Natural causes
1.2.1. Volcanic eruption
Volcanic eruption releases ash particles and sulphur dioxide. These particles settle after a period of time whereas sulphur dioxide combines with water vapour leading to global cooling or warming. For instance, the mount Semeru in Indonesia erupted in 2021 and tall volcano in Philippines in 2020 leading to high temperatures.
1.2.2. Variation of solar radiations
Solar radiation is known as a major source of energy for the earth. Sometimes high solar radiations can warm the atmosphere when the earth absorbs more heat or even cool the atmosphere when the temperature falls down. Thus leading to climate changes.
1.2.3. Orbital changes;
Naturally, the earth has warming and cooling periods. The orbit around the sun changes over period of time. The milankovitch theory explains 3 cyclical changes in the earth’s orbit that causes climate changes globally.
2.EFFECTS OF CLIMATE CHANGE
2.1. Food security threat;
Unexpected changes in session can affect the agriculture sector leading to less of no production of food. This can lead to food shortage, malnutrition, and famine.
2.2. Floods and drought
Changes in the climate can either be reflected by too much rainfall or too much sunshine which may eventually lead to floods and drought affecting both human beings and world life.
2.3. Displacement of people
Floods and landslides which are as a result of climate changes can lead to displacement of people or even make other victims homeless. This is evidenced in Uganda in areas of Bududa district where landslides killed people, destroyed their properties and even lead to displacement of over 1000 victims to other safer places.
2.4. Increased loss of biodiversity
Climate changes can lead to loss of species. High temperatures can lead to displacement of species or even death of species.
2.5. Health issues
Climate change has a very big impact on the health sector, floods, drought, air pollution may lead to the spread of diseases such as malaria, cholera, diarrhoea and heat stress. The world health organisation in its report to climate change noted that between 2030 and 2050, climate change is expected to causes approximately 250,000 additional deaths per year.
3.INTERNATIONAL LAWS; CONVENTIONS AND TREATIES
3.1. The United Nations framework convention on climate change (UNFCCC)
This is an international treaty adopted in 1992 in a summit held in Rio de Janeiro aimed to address dangerous climate change. According to article 2 of this treaty, the objective of the treaty is to stabilize greenhouse concentration in the atmosphere at a level that would prevent dangerous anthropogenic.
3.2. Convention on biological diversity (CBD)
It is an international treaty adopted in 1992 at Rio earth summit signed by 150 members states. The objective of the treaty as stipulated under article 1 is conservation of biological diversity, the sustainable use of its components and the fair and equitable sharing of the benefits out of the utilization of genetic resources.
3.3. United Nations convention to combat desertification (UNCCD)
It is the first and the only internationally legally binding treaty to address the problem of desertification. Its objective under article 2 is to combat desertification and mitigate the effect of drought in countries experiencing serious drought.
3.4. Kyoto protocol
It is a treaty aimed at combating climate change by reducing greenhouse gasses.it was adopted in 1977 in Kyoto, Japan.
3.5. The Paris agreement
It is legally binding international treaty on climate change adopted in 2015 by 196 parties. The treaty obliges its member states to hold the increases average temperature below 2 degrees Celsius above pre-industrial levels and to limit the temperature increase to 1.5 degrees Celsius above pre-industrial level[5].
4.NATIONAL LAWS
Uganda has various legislation and policies to tackle the problem of climate change which provides framework for mitigating, adaptation and accountability.
4.1. National Environment Act Cap 181
The act was enacted in 2019 to give the force of law in Uganda to the United Nations framework convention on climate change, the Kyoto protocol, and the Paris agreement. The act has a number of other objectives which include;
to provide for climate change response measures, to provide for participation in climate change mechanisms, to provide for institutional arrangements for coordination and implementing climate change response measures.
4.2. National Forestry and Tree Planting Act Cap 160
It was enacted in 2003 to provide for sustainable management and development of forests for the benefit of the people of Uganda; to provide for the declaration of forest reserves for purpose of protection and production of forests and forest produce.
One of the purposes of the act among others is to ensure that forests and trees are conserved and managed in a manner that meets the needs of the present generation without compromising the rights of future generation as per section 2 of the act.
4.3. National Climate Change Act Cap 182
It was enacted in 2012 to give the force of law in Uganda to the United Nations framework convention on climate change, the Kyoto protocol and Paris agreement; to provide for climate change response measures.
The act defines climate change as a change of climate which is attributed directly or indirectly to human activity that alters the composition of global atmosphere and which is in addition to national climate variability, observed over comparable time periods.
4.4. Water Act Cap 164
The act was enacted in 1997 to provide for the use, protection and management of water resources and supply; to provide for constitution of water and sewage authorities and to facilitate the devolution of waste supply and sewage undertakings. The act regulates the use of water, and management of sewage.
4.5. The world life Act Cap 315
It was enacted in 2019 to provide for the conservation and sustainable management of world life.
The purpose of the act as stipulated under section 2 is:
- Conservation world life throughout Uganda so that the abundance and diversity of their species are maintained
- the sustainable management of world life
- protection of rare, endangered and endemic species of wild plant and animals
- enhance the economic and social benefits from world life
- implementation of relevant treaties
- control of import and export of species
4.6. The national energy policy, 2023
The policy was set to increase energy supply and access to Uganda’s fast-growing population and industrialisation, emerging trends and technologies in the energy sector.
4.7. The National Wetland Policy, 1995
The policy aims at conserving wetlands for their ecological and social economic value.it protects long term wetland conservation.
All these laws aim at addressing climate changes and govern the use of environment. They hold humans accountable for any improper use of the environment that contradicts with any law.
5.CLIMATE CHANGE LITIGATION
Climate change litigation started out in the United States of America and to date a total of over 17000 cases have been brought between 1986 and the end of May 2024[6].
In Uganda, two notable cases seeking to hold the governmental and corporations accountable for their action were filed though the decisions were never reached.
The case of Tsama William and others v Uganda’s Attorney General and others HCMC No.24 of 2020 Following multiple landslides in Bududa district which led to the killing of people leaving the victims homeless and displaced, the applicants filed a suit against the respondents alleging that the respondents failed to put in place effective machinery against the landslides. The issue was whether was Uganda has failed to fulfil its obligations under the climate change and disaster management law to manage the risk of landslides in Bududa.
the second case is the case of Mbabazi and others v the Attorney General and National Environmental Management Authority civil suit No. 283 of 2012.the applicant filed a suit alleging that the government had breached its duty as a public trustee over national resources because it had failed to uphold the right to clean and health environment.
In both cases, the decisions are still pending.
Conclusion
Climate change being a global challenge requires working together as countries both developed and developing countries to combat climate change. The developed countries should give a hand to developing countries in order for them to implement the objectives of both the international treaties and national laws. Laws are indeed relevant in combating climate change since climate change is influenced by human activities and thus the laws regulates such activities and also provide for accountability in case of any breach of the law and obligation.
Bibliography
The Paris agreement
Kyoto protocol
United Nations framework convention on climate change
Convention on biological diversity
United Nations convention to combat desertification
National environment Act Cap 181 laws of Uganda 2024
National climate change Act Cap 182 laws of Uganda 2024
National forestry and tree planting Act Cap 160 laws of Uganda 2024
Water Act Cap 164 laws of Uganda 2024
National wetlands policy, 1995 laws of Uganda 2024
National energy policy, 2023 laws of Uganda 2024
Peter Davis Metesasira (PhD), climate action, climate litigation and climate justice: relevance in addressing climate change in Uganda, 2024.
Yuvraj Pandey, university of Allahabad, climate change and Indian laws and commitment.2025.
Professor (Dr) Taraprasad Sapkoto, climate change 23-26 November 2018.Advancing the science of climate change, national research council, division on earth, life studies.
The 2015 global climate legislation study, a review of climate change legislation in 99 countries, Michal nachmany, Sam Fankhauser, Jana David ova, nick kings mill
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[1] Professor (Dr) Taraprasad Sapkoto, climate change 23-26 November 2018.
[2] Advancing the science of climate change, national research council, division on earth, life studies.
[3] the 2015 global climate legislation study, a review of climate change legislation in 99 countries, Michal nachmany, Sam Fankhauser,jana David ova, nick kings mill.
[4] Yuvraj Pandey, university of Allahabad, climate change and Indian laws and commitment.2025.
[5] Article 2(1) (a) of the Paris agreement 2015.
[6] Peter Davis Metesasira (PhD), climate action, climate litigation and climate justice: relevance in addressing climate change in Uganda, 2024.
