Regulating vehicular air pollution to achieve the right to a clean and healthy environment: a case study of Kampala City

Abstract

Air pollution has been singled out as a fast growing environmental and health concern in majority of the cities in developing countries. A lot of studies have found that emissions from motor vehicles have led to low air quality that is currently being experienced in many cities. This is as a result of legal and institutional challenges relating to vehicular air pollution regulation and control. The objective of the research was to analyze the regulatory framework for air pollution regulation and control from motor vehicle emissions in Uganda using the capital city, Kampala, as a case study. The study utilized a mixed research method and an interview guide and questionnaires were relied for data collection. This study also employed a case study research design. A case study of Kampala Capital City was considered taking into account the high level of traffic congestion experienced in the five divisions of Makindye, Kawempe, Rubaga, Nakawa and the Central Division. The study found that Uganda has several policies, laws, regulations and standards aimed at regulating air pollution from motor vehicles especially the National Environment Act and Air Quality Regulations buttressed by the road traffic laws. Institutionally, the study deduced that the existing regulatory framework is implemented by different agencies including National Environment Management Authority (NEMA), Uganda Revenue Authority, Uganda National Bureau of Standards (UNBS), Uganda Police Force (Traffic), Kampala Capital City Authority (KCCA) and other local governments. Never the less, the study established that there are a number of challenges affecting the implementation of the existing regulatory framework on air pollution. These challenges include: weak laws, regulations and standards, non-deterrent penalties for offenders, institutional mandate overlaps and outdated provisions in laws that do not fit in the existing technological era; institutional incapacities such as limited funds, inexperienced and limited staff and lack of necessary emissions measurement and monitoring equipment; lack of co-ordination between various law enforcement agencies and limited political will; lack of adequate scientific data on vehicular emissions; lack of incentives for adoption of cleaner vehicle technologies. To enhance effective implementation and enforcement of the pollution standards, the study suggested revision of laws and policies, building capacity of relevant law enforcement agencies, improving inter-agency co-ordination on vehicular emission regulation, raising public awareness on vehicular emissions, their impact on health and the environment, enhancing national capacity for emissions monitoring and inventory, and providing adequate incentives to encourage the adoption of cleaner vehicle technologies.