A Legal Analysis Of The Right To A Clean And Healthy Environment In Uganda. (A Case Study Of Kampala Capital City Authority)

The gist of this thesis is that the right to a clean and healthy Environment is a fundamental human right although it is of recent origin. The right is closely related to the concept of human rights namely the dignity inherent to all the members of the human family

The right to both an individual right as well as a co!leotive right in the sense that is enforceable by an individual or by a group (collectivities on their own behalf and on behalf of future generations.

Many international instruments recognize the right to a clean and healthy environment and a fundamental right inherent in the individual. The right is enshrined in our national laws including the Constitution of the Republic of Uganda 1995 (as amended). The National Environmental Act provides for the right to in Section 3. NEMA has bought up methods to protect this right like Environmental Impact Assessment.

In this study it was found that the protection of the environment needs concentrated effort for the world is one indivisible whole. In this connection, there is the right/duty emphasized thus locus standi enables any person to bring an action in courts of law against damage to the environment. Further public awareness and participation is crucial to the advancement of the right.

The study concludes that in order to achieve the full recognition of the right to a clean and healthy environment in Uganda, the following need to be done.

Training of experts in environmental management is absolutely necessary. Public awareness because it is important that the role of the individual and the public in general is enhanced, uplifting of standards of living are ingredients in the realization of the right.