An assessment of the effectiveness of the legal and institutional framework for air pollution control in Kampala

Abstract

This study evaluated the effectiveness of the legal and institutional framework for air pollution control in Kampala. It was guided by the central research question of “how effective is the legal and institutional framework in combating air pollution in Kampala”. This study identified the sources of air pollution, its effects on human health and environment, challenges of controlling and managing air pollution. It further analysed the legal and institutional framework, mechanisms for controlling air pollution and their implementation as well as binding and non-binding international instruments on controlling air pollution. The study basically adopted doctrinal method research approach. It reviewed available literature, national and international instruments. This was supplemented by selected interviews of officials in institutions involved in regulation of air pollution, NGOs as well as FGDs for members of the public. The study was carried out in Kampala Capital City as a case study due to the very high prevalent rate of air pollution in this particular part of Uganda. It is the main findings of this study that there are various sources of air pollution which include motor vehicles, industrial activities, dust from unpaved roads. Air pollution has enormous effects on both human health and the environment for example respiratory diseases which greatly affect the young and the elderly. The study further found that there are fairly adequate laws and institutions in place mandated to control air pollution. However, they have not been largely effective due to a number of reasons but mainly lack of a specific legislation for air pollution control in Kampala, lack of implementation and gaps within the existing laws for example the 2019 National Environment Act maintains the framework approach from the old law, with few prescriptive provisions on environmental protection, leaving the details to be laid out in statutory instruments. The following recommendations were made; enactment of specific and comprehensive legislation on air quality (ordinance) for Kampala beyond the generic National Environment Act, 2019 and the draft National Air Quality Regulations, adequate implementation of the existing laws for example provisions on polluter pays principle, fines, fees, penalties and charges imposed for pollution as embedded in the National Environment Act, 2019. Specialized departments should be created under NEMA and KCCA as well as a xvii specialized court for the sole purpose of addressing air pollution in Kampala City. There is need to domesticate the international instruments which Uganda has ratified.