Encampment and Its Effects to the Surrounding and The Right to A Healthy Environment in Kapelebyong, Amuria District, Uganda

ABSTRACT The people of Kapelebyong have been victims of cattle rusting, which has culminated in the creation of the congested Camps in Kapelebyong. The camps have no basic facilities such as schools, health centres, toilets and clean drinking water. This has led to out breaks for diseases, high infant mortality and high levels of poverty due to loss of the cattle to raiders and destruction of the surrounding environment. The researcher concludes that the people of Kapelebyong and the surrounding area do not enjoy aright to a healthy environment and recommends that the public be sensitized on environment, education and all the necessary facilities be put in place by government. The government must not close the camp but rather must get involved in the provision of security and basic facilities. This study concludes that in order to achieve the full recognition of the right to a healthy environment in Kapelebyong, the following need to be done. In order to reverse the situation in Kapelebyong which increasingly appears to be desertifying? Training of experts in environmental management is absolutely necessary. Sensitization of the public is long overdue. Awareness of the environment, its pollutants, general damage, erosion and de-a forestation. The applicable laws should be promoted in order to spur evolutional change in behaviour, technological investment and institutional will to build the necessary infrastructure. In this connection, research, information gathering and sharing regarding Kapelebyong must be encouraged to create environmental awareness. This in turn calls for international and national cooperation in environmental protection. In order to move towards the realization of this right for the people of Kapelebyong, it is important that the role of the individual and the public in general is enhanced. Education, public awareness and uplifting of standards of living are important ingredients in the realization of the right. The government of Uganda, the international NGOs and the people of Kapelebyong have a lot to learn from their own experiences and that of international community in a bid to improve the environment and to prevent further degradation of the environment in Kapelebyong amidst insecurity.

TABLE OF CONTENTS

Declaration A ii

Declaration B iii

Acknowledgement iv

Approval sheet v

Abstract vi

Abbreviations x

List of Instruments xii

List of cases xv

Table of Content xxi

Chapter THE PROBLEM AND ITS SCOPE 1

One

General Introduction 1

Area of Study 3

Right to Environment 3

Back ground to the Study 4

Statement of the Problem 7

Research objectives 9

Research Questions 9

Hypothesis 9

Scope of the Study 9

Proposed chapterisation 11

Significance of the Study 12

Chapter REVIEW OF RELATED LITERATURE 14

Two

Related Literature 14

Theories 21

xxi

Concepts 24

Chapter METHODOLOGY 29

Three

Research Design 29

Research Population 29

Sample Size 30

Sampling Techniques 31

Convenience sampling 31

Purposive sampling 32

Data Collection Techniques 32

Validity of Reliability 33

Direct observation 33

Data Analysis 33

Ethical Issues 34

Limitations 34

Chapter PRESENTATION, OF FINDINGS, 35

Four INTERPRETATION, AND DISCUSSION OF

FINDINGS

Introduction 35

The Impact of Cattle Rustling 37

Impact of Commerce, Trade and social Interaction 39

on Karamoja

International Perspectives of the Right to health 40

Environment

Traditional Human Rights and Protection of 44

Environment

The origin of international Right to Environment and 45

xxii

its relation to Healthy Environment.

The legal basis of the right to a Healthy 49

environment

The International Customary Law Basis 49

The protection of the right to a Healthy 73

environment in Uganda

Nature of environmental Law in Uganda 75

Protection of the Environment under common Law 77

Criminal Law 81

Land law 82

The Law of Contract 84

The protection by the environmental Legislation 85

Description of the Right to a Healthy Environment 88

Management and Enforcement of the Right in 89

Uganda

The Tools of Enforcement of the Right 91

Access to Environmental Information 92

Duty of public to participate 95

Environmental planning in Uganda 99

Environmental Monitoring 99

Environmental Audit 100

Environmental Standards Setting and Licensing 101

Environmental Restoration Orders 103

Environmental Impact Assessment 106

Community Service Orders 110

Strengthening the Criminal Law Regarding 111

Environmental Penal Offences

The Question of Locus standi in Environmental 115

issues

xxiii

Article 50 of the Constitution 115

Uganda Courts and Environment 119

The Remedies Available to Court 120

The National Environment Management Authority 121

(NEMA)

Local Government 122

District Environment Committees 122

Function of Inspection 123

Challenges in Environment Management 124

Enforcement

The Uganda Human Rights Commission 127

The Office of the Inspectorate of Government 130

Chapter FINDINGS, CONCLUSIONS, AND

Five RECOMMENDATIONS

Conclusion 133

Recommendations 135

Development Strategies and Education 136

Village Livestock Protection Policy 137

Dialogue and interaction 138

Cattle Identification and Enforcement 139

Sensitization of the Community 139

Water and Sanitation 139

Research, Information and Public Participation 140

Local Environmental Fund 141

Judicial and Administrative Action 143

Encourage Voluntary Compliance and Enforcement 144

BIBLIOGRAPHY 147

xxiv

APPEN DICES

APPENDIX I: Research Instruments Interview Guide 150

for Professionals

APPENDIX II: Research Instruments Interview 152

Guide for Camp Occupants and Surrounding

Community

APPENDIX III: table Presenting the Data 154