Uganda: When Climate Justice Becomes Climate Justice Denied

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In 2012 four minors and their sponsors asked the Ugandan courts to develop a climate change mitigation plan and protect children from the effects of climate change and extreme weather conditions. This case remains unresolved. IPS asks if governments are liable if they fail to fulfill obligations in international agreements.

Oct 26 2023 - On December 4, 2019, landslides in the Bududa region of Uganda killed 20. The landslides occurred after heavy rains, and a Red Cross report estimated that 96 households were affected, with 49 houses destroyed. It displaced many, while others continued to live in high-risk areas that could"slide at any moment."In Uganda, the case, popularly known as 'Tsama William and 47 others,' has been pending since it was filed in 2020.

The authorities deny their culpability. Julius Muyizi, the lawyer representing the National Environment Management Authority, instead accused William and other residents in the Mount Elgon region of having contributed to landslides through their poor agricultural practices, vegetation clearance, and poor cultivation.

Mugambe notes that judges need to understand the role of public interest litigation in matters of the environment. Samantha Atukunda Mwesigwa, the director and legal Counsel at Greenwatch, told IPS that training of the judicial officers was critical because there were several environmental disputes in the courts.

"We have to balance between human needs for now. But sustaining the environment for the future. Because in an effort to maintain the environment, these conflicts have to be resolved by courts. And the training is making clear the position of the law," said Buteera, who previously served as Uganda's Director for Public Prosecutions.

"Is the government liable for failure to implement the obligations in international agreements? For example, we have seen children trying to go through a flood. This flood takes a child. Who is liable if the government has not obliged with its obligations?" asked Kakuru."We owe it to ourselves and the citizens of this world; we owe it to those from whom we inherited this beautiful place. We owe it to our children and their children. To those yet unborn.

She suggested that the Uganda government should establish an environmental court like the ones established by Kenya to expedite the cases"Because we say justice delayed is justice denied. Kenya has two specialized fora for adjudicating environmental matters.There was a problem processing your submission. Please try again later.

 

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