Ugandan wildlife is under threat: New analysis shows how law can help
Today, Conservation-Litigation.org is pleased to announce the release of our latest environmental liability legislation analysis: Legal Remedies for Harm to Biodiversity in Uganda.
“When the environment is harmed or damaged, through pollution, through deforestation, or other means, there is a legal obligation to restore it. This same approach should be used when our wildlife is damaged or harmed. It’s about going beyond just punishment to look at restoration and recovery. It’s about using our law holistically to better protect our wildlife or our natural resources.”
Blair Atwebembeire, Blair & Co. Advocates.
WWF’s 2024 “Living Planet Report” documents a 76% decline in African wildlife populations over the last 50 years, including dramatic declines of Uganda’s hippos, leopards and lions.
One of the most biodiverse countries in the world, Uganda is globally recognised for its iconic wildlife and landscapes. However, like many other nations, it also suffers from widespread illegal wildlife trade, habitat destruction and pollution that threaten its biodiversity.
Increasingly, the question is not only how to protect nature, but how to better restore and recover what is being lost. In a landmark analysis released today, lawyers and scientists explore how Uganda’s existing laws could offer a solution.
The team from Conservation-Litigation.org conducted an analysis of Uganda’s environmental liability legislation. It finds that, when the environment is harmed by any cause, there is a legal obligation to remedy it – and that the offenders responsible for the harm can be held accountable for taking actions such as habitat restoration.
Dr. Jacob Phelps, co-founder of Conservation-Litigation.org, explains, “Uganda’s existing laws are excellent – the rights are broader than in many other countries. In our new analysis, we explore how to take actions – including to help endangered wildlife.”
Public agencies such as Uganda Wildlife Authority and the National Environment and Management Agency, and Ugandan courts can issue ‘Environmental Restoration Orders’ that instruct offenders to take actions such as restore habitat, pay compensation and care for injured animals. When an individual's right to a clean and healthy environment is jeopardised, they can also go to court to request remedies from the offenders.
However, the report notes that such cases are still surprisingly rare. Attorney Blair Atwebembeire, a former Senior Legal Officer & Prosecutor with the Uganda Wildlife Authority and a lead lawyer involved in the analysis, explains that, “Uganda’s liability laws merit renewed attention. This analysis helps to explain how Public Authorities, civil society organisations, individuals and communities can take legal actions to remedy nature.”
The analysis identifies opportunities to tackle some of the key drivers responsible for the large-scale biodiversity loss described in the WWF Report. Atwembeire explains that, “Environmental Restoration Orders are rarely used to address harm caused by deforestation and wildlife trade. This is a missed opportunity that we can fix.”
Legal Remedies for Harm to Biodiversity in Uganda is the sixth such analysis conducted and published by Conservation-Litigation, and follows our reports on Cameroon, Georgia, Indonesia, Liberia and Thailand. Legal analyses are also being conducted for the Philippines, Mexico and Brazil.
Maribel Rodriquez, Legal Director and Co-founder of Conservation-Litigation.org: “Our hope is that by improving understanding of existing laws, we can catalyse a Green Wave of litigation globally that can shift the focus away from punishment to restoration, opening legal pathways to environmental justice and, most importantly, meaningful remedies that effectively protect and restore our environment.”
If you are interested in exploring opportunities for legal action in Uganda, contact us.
PDF Press Release available here.