AN EXAMINATION OF THE LEGAL REGIME AND INSTITUTIONAL FRAME

WORK OF DISASTER PREPAREDNESS AND MAMAGEMENT IN THE

PETROLEUM INDUSTRY IN UGANDA

BY
NYAPIDI BRENDA

A DISSERTATION SUBMITTED TO THE SCHOOL OF LAW, KAMPALA

INTERNATIONAL UNIVERSITY IN PARTIAL FULFILLMENT OF
THE REQUIREMENTS FOR THE AWARD OF THE MASTER
OF LAWS DEGREE OF KAMPALA INTERNATIONAL
UNIVERSITY

2019

1
 Declaration

I NYAPIDI BRENDA EMILLY declare that this dissertation represents my own original
work and has never been submitted to any University or other Tertiary Educational Institution
in any form for an academic award. The contribution of my supervisor to this dissertation was
consistent with normal supervisory practice.

Signature of Candidate……………………………………

Name of Candidate……………………………………….

Date……………………………………………………….

2
 Approval

This is to certify that this dissertation is submitted for the award of Master of Laws with my

approval as the University Supervisor.

Signature of supervisor……………………………………...

Name of supervisor:

Date……………………………………………………….

3
 Dedication

This work is dedicated to all my family and friends, who inspired me and challenged me to
attain my goal to. May God reward you all abundantly.

4
 Acknowledgement
I would like to appreciate the wonderful mighty hand of the Lord for standing by me through
all of my life amidst many unspeakable challenges.

To my Father and Late Mother who without them I would not have been given the chance to
come into this world. I honor them with much respect, love and gratitude for taking me
through every stage of my journey here on earth.

I also thank my wonderful husband for all his generous contribution, the patience and
encouragement which he gave me along the way. To my children I thank them for
persevering when their mother was very busy.

Special thanks go to my supervisor Dr Gabriel who inspired me, guided me, and gave me
hope amidst several challenges. Thank you for the patience and every concern and effort you
made to ensure that everything turns out to be positive.

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 LIST OF STATUTES

The Constitution of the Republic of Uganda1995

The National Disaster and Preparedness Management Act
The National Environment Act -Cap 153
The Public Health Act Cap-281
The National Oil and Gas Policy of Uganda
Occupational Health and Safety Act of 2006
Petroleum and SupplyAct 2003
The PetroleumExplorationDevelopment and Production Act 2013
The Petroleum Refining, Gas, processing conversion, Transportation and storage Act 2013
Workers Compensation Act
Employment Act laws of Uganda
Labour Union Act Laws if Uganda 2000
The National Environmental Act

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 List of abbreviations
DAC Development Assistance Committee

DM Disaster Management

DRM Disaster Risk Management

DRR Disaster Risk Reduction EIA Environmental Impact Assessment

EO Earth Observation

ESA European Space Agency

EWS Early Warning System

DECODistrict Emergency Coordination Centre

CRED Centre for Research on the Epidemiology of Disasters

HFA Hyogo Framework for Action

INFORM Index for Risk Management

ISDR International Strategy for Disaster Risk Reduction

NECOC National Emergency Coordination Centre

NPDPM National Policy for Disaster Preparedness and Management

SFDRR Sendai Framework for Disaster Risk Reduction

UBOS Uganda Bureau of Statistics

UN United Nations

UNDP United Nations Development Programme

UNISDR United Nations Office for Disaster Risk Reduction

URCS Uganda Red Cross Society

CDPC City Disaster Policy Committee

CDMTC City Disaster Management Technical Committee

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CSOs Civil Society Organizations

DDPMC District Disaster Preparedness and Management Committee

DDPC District Disaster Policy Committee

DECOC District Emergency Coordination and Operations Centre

IDPs Internally Displaced Persons

IATC Inter Agency Technical Committee

IGAD Inter Governmental Authority on Development

IMPC Inter Ministerial Policy Committee

IATC Inter- Agency Technical Committee

MLHUD Ministry of Lands Housing and Urban Development

MGLSD Ministry of Gender Labour and Social Development

MoLG Ministry of Local Government

NARO National Agricultural Research Organization

NDPMC National Disaster Preparedness Management Committee

NECOC National Emergency Coordination and Operations Centre

NEMA National Environment Management Organization

NGONon-GovernmentalOrganizations

OPM Office of the Prime Minster

PEAP Poverty Eradication Action Plan

SCDMC Sub County Disaster Preparedness and Management Committee

UN United Nations

VDPMC Village Disaster Preparedness and Management Committee

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 TABLE OF CONTENTS
Declaration............................................................................................................................................i
Approval..............................................................................................................................................ii
Dedication...........................................................................................................................................iii
Acknowledgement..............................................................................................................................iv
LIST OF STATUTES..........................................................................................................................v
List of abbreviations...........................................................................................................................vi
TABLE OF CONTENTS...................................................................................................................vii
ABSTRACT.....................................................................................................................................xiii
CHAPTER ONE................................................................................................................................1
GENERAL OVERVIEW..................................................................................................................1
1.1 Introduction....................................................................................................................................1
1.2 Background of the study................................................................................................................1
1.3Statement of the Problem................................................................................................................3
1.4 General Objective/purpose of the Study........................................................................................4
1.4.1Specific Objectives......................................................................................................................4
1.5Research Questions.........................................................................................................................4
1.5.Scope of the study..........................................................................................................................5
1.5.1Content Scope..............................................................................................................................5
1.5.2Geographical Scope.....................................................................................................................5
1.5.3Time Scope..................................................................................................................................5
1. 6 Justification of the study...............................................................................................................5
1.8Methodology...................................................................................................................................6
1.9 Organizational Structure................................................................................................................6
1.10Literature Review..........................................................................................................................7
CHAPTER TWO.............................................................................................................................15
THE CONCEPTUAL AND THEORETICAL FRAMEWORK OF DISASTER
PREVENTION AND MANAGEMENT........................................................................................15
2.1 KEY DEFINATIONS..................................................................................................................15
2.3Status of oil and gas Exploration in Uganda.................................................................................16
2.3.1Development of the oil Regulation in Uganda...........................................................................17
2.4Over view of risk profile of disasters in Uganda..........................................................................18
2.4.1Civil and political wars..............................................................................................................18

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2.4.2Landslides..................................................................................................................................18
2.4.3Famine........................................................................................................................................19
2.4.4Floods.........................................................................................................................................19
2.5Activities Prone to disasters in the oil industry.............................................................................19
2.5.1Refinery and transportation........................................................................................................19
2.5.2Storage and transportation.........................................................................................................20
2.5.3Distribution and Retail services.................................................................................................20
2.5.4The risks from terrorists’............................................................................................................20
2.6Impact of oil activities to the Environment...................................................................................21
2.6.1Impact on Biodiversity...............................................................................................................21
2.6.2Impact on water and Air.............................................................................................................22
2.6.3Impact on Humans.....................................................................................................................23
2.7Summary of Disasters in the International Perspective................................................................24
2.7.1Deep-water Horizon oil spill of 2010- the Macondo disaster The Deep-water Horizon
rig, (DWHR)......................................................................................................................................24
2.7.2Exxon Valdez oil spill................................................................................................................24
2.7.3Oil spills in Nigeria....................................................................................................................25
CHAPTER THREE.........................................................................................................................27
THE REGULATORY FRAME WORK FOR OIL AND GAS AND DISASTER
MANAGEMENT IN UGANDA.....................................................................................................27
3.0Regulatory Frame Work for Disaster Management in Uganda....................................................27
3.1The Constitution of the Republic of Uganda................................................................................27
3.2The National Disaster Preparedness and Management Policy 2008.............................................27
3.3The National Policy for Internally Displaced Persons 2004.........................................................28
3.4The Department of Disaster Preparedness and Management in the Office of the Prime.............28
3.5The National Environment Act.....................................................................................................29
3.6The Uganda Red Cross Act...........................................................................................................30
3.7The Refugees ACT 2006...............................................................................................................30
3.8The National Environmental Action Plan (NEAP) and the National Environment
Management Policy (NEMP).............................................................................................................30
3.9The Uganda Citizenship and Immigration Control Act................................................................31
3.10The Civil Aviation Authority Act...............................................................................................31
3.2Regulatory frame Work for 0il and Gas Exploration in Uganda..................................................31
3.2.1The Energy Policy (2002)..........................................................................................................31

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3.2.2The Petroleum (Exploration, Development and Production) Act (2013)..................................32
3.3.3The Petroleum (Refining, Conversion, Transmission and Midstream Storage) Act
(2013) 34
3.3.4The Petroleum Supply Act (2003).............................................................................................36
3.3.5The Petroleum (Refining, Conversion, Transmission and Midstream Storage) Act,
2013, 37
3.3.6.The Mining Act (2003).............................................................................................................39
3.5Occupational Safety and Health Act (2006).................................................................................39
3.4Relevant International Instruments of Disaster Management and Preparation.............................39
3.4.1The Tampere Convention on the Provision of Telecommunication Resources for
Disaster Mitigation and Relief Operations.........................................................................................40
3.4.2Tampere Convention on the 5th of September 2002...................................................................40
3.4.3The Kyoto Convention...............................................................................................................41
3.4.4The Convention on International Civil Aviation (“Chicago Convention”)...............................41
Uganda is a party to the Convention on International Civil Aviation (Chicago................................41
3.4.5The Agreement Establishing IGAD...........................................................................................41
3.4.6The Hyogo Framework for Action 2005-2015..........................................................................41
3.4.7The Stockholm Declaration (1972)............................................................................................42
3.4.8The Rio Declaration (1992).......................................................................................................45
3.4.9 The Johannesburg Declaration (2002)......................................................................................47
3.4.10The Rio Declaration (2012).....................................................................................................48
3.4.11The Vienna Convention on the Protection of the Ozone Layer (1985)...................................49
3.4.12The Montreal Protocol on Substances that Deplete the Ozone Layer (1987)..........................50
3.4.13United Nations Framework Convention on Climate Change (UNFCCC) (1992)...................50
3.4.14Kyoto Protocol to the United Nations Framework Convention on Climate Change
(1997) 51
3.4.15Convention on Biological Diversity (1992).............................................................................51
3.4.16Convention on the Conservation of Migratory Species of Wild Animals (Bonn
Convention) (1979)............................................................................................................................52
3.4.17Convention on Wetlands of International Importance especially as Waterfowl
(Ramsar Convention) (1971).................................................................................................................
53
3.4.18Basel Convention on Control of Trans-boundary Movement of Hazardous Wastes
and their Disposal (1989).......................................................................................................................
53

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3.4.19United Nations Convention on the Law of the Sea (UNCLS) (1982).....................................54
3.4.20Convention Concerning the Protection of the World Cultural and Natural Heritage
(1972) 54
3.4.21Bamako Convention on the ban of the Import into Africa and the Control of Trans
boundary Movement of Hazardous Wastes within Africa (1991).....................................................55
3.4.22African-Eurasian Migratory Water Birds Agreement (AEWA) (1995)..................................55
3.4.23The Treaty of the East African Community (1999).................................................................55
3.4.24Application of International and Regional Environmental Law in Uganda............................56
3.5Other Environmental laws applicable...........................................................................................58
3.5.1The National Environment Act, Cap 153 and Regulations made there under...........................58
3.5.2The National Environment (Management of Ozone Depleting Substances and
Products) Regulations (2001).................................................................................................................
60
3.5.3.The National Environment (Waste Management) Regulations (1999)....................................60
3.5.4.The National Environment (Standards for Discharge of Effluent into Water or on
Land) Regulations (1999)......................................................................................................................
61
3.5.5.The National Environment (Wetlands, River Banks and Lake Shores Management)
Regulations (2000).................................................................................................................................
61
3.5.6Strategic Environmental Assessment (SEA) and Environmental Impact Assessment
(EIA) 61
3.6Water Act, Cap. 152 and Regulations made there under..............................................................62
The Water (Waste Discharge) Regulations (1998)............................................................................62
3.7The Land Act Cap. 227.................................................................................................................62
3.5 Conclusion...................................................................................................................................63
CHAPTER FOUR............................................................................................................................64
INSTITUTIONAL FRAME WORKS GOVERNING OIL AND GAS
MANAGEMENT AND DISASTER MANAGEMENT................................................................64
4.1Introduction...................................................................................................................................64
4.2The lead agency for disaster management....................................................................................64
4.3The Petroleum Authority of Uganda.............................................................................................64
4.4Department of Disaster Preparedness and Refugees within the Office of the Prime
Minister..............................................................................................................................................64
4.5National Emergency Operation Centre (NEOC):.........................................................................65
4.6 The Inter-Ministerial Policy Committee (IMPC):.......................................................................65

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4.7The National Oil Company...........................................................................................................65
4.8 Policy Committee on Environment..............................................................................................66
4.9National Environment Management Authority.............................................................................66
4.10The District environment and natural resources committee which provides for the
district.................................................................................................................................................67
4.11Emergency response system against acute pollution..................................................................67
4.12National lead Agency Emergency Preparedness and Response Systems, Contingency
Plans 67
4.14National Oil Spill Contingency Preparedness and Response......................................................67
4.15Ministries, Departments and Agencies (MDAs) of government that are involved in
financing disaster preparedness, prevention and mitigation..............................................................68
4.16District Disaster Management Committees (DDMC).................................................................68
4.17District Contingence Plans..........................................................................................................68
4.18Local Councils:...........................................................................................................................69
4.19 National Platform for Disaster Risk Reduction and Management (NPDRRM).......................69
4.20Conclusion..................................................................................................................................69
CHAPTER FIVE..............................................................................................................................70
5.1Introduction...................................................................................................................................70
5.2Challenges to disaster preparedness in Uganda............................................................................70
5.2.1Lack of a law to govern disaster risk reduction and management.............................................70
5.2.2Disaster Preparedness and Management Commission...............................................................70
5.2.3Inconsistency in operationalizing the Contingency Fund..........................................................71
5.2.4Lack of Education and awareness..............................................................................................71
5.2.5Financing Disaster more than managing and reducing disaster:................................................72
5.3Social Economic Conditions.........................................................................................................72
5.3.1Poverty.......................................................................................................................................72
5.3.2Corruption and lack of fiscal reform..........................................................................................73
5.3.3Poor response from emergency services....................................................................................73
5.3.4The general inefficiency of fire fighters in Uganda...................................................................74
5.3,5There is also a lack of water hydrants........................................................................................74
5.3.4Sabotage.....................................................................................................................................74
5.3.5Lack of Capacity by Police........................................................................................................75
5.3.6Ambulance crew........................................................................................................................75
5.3.7Ignorance....................................................................................................................................76

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5.3.8Poor Road infrastructure............................................................................................................76
5.3.9Lack of effective monitoring system on maximum hours of drive............................................77
5.4Findings.........................................................................................................................................77
5.4.1Pipeline and Transportation:......................................................................................................77
5.4.3Management plans for protected areas and relevant sector plans for the Albertine..................77
5.4.4Hazardous waste management system strengthened:................................................................78
5.4.6Petroleum skills Uganda Limited (PSU) has been established..................................................78
5.4.7The researcher got information from health compliance report................................................78
5.4.8An appropriate supervisory regulatory) frame work for monitoring and regulating
HSE- 79
Recommendations..............................................................................................................................79
BIBIOGRAPHY................................................................................................................................81

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 ABSTRACT
Disaster preparation and Management is a desirables requisition that may arise from any
country with or without any mining activities. There is no doubt that the oil activities are at
greater risk of experiencing a
disaster, either man made or by natural consequences. Hence the need to establish and
strongly advocate for an effective disaster preparedness management plan with the aim of
reducing some instances and impact during and after disaster for fatalities The research
seeks to explore how the ongoing oil exploration and prospected oil production vis-a-vis
policies, legislation and current practices pertaining to risks of disaster s in the oil and gas
industry in Uganda, are managed in ensuring effectiveness in the prospected oil sector while
not compromising or drawing Uganda into the ostensible perception of “oil curses or Dutch
disease. . This research is based on the concept that disaster preparedness is very vital to be
able to effectively manage disasters from petroleum hazards. The finding from the research
through the literature review for disaster management shows that disaster can hinder the
process of development and reverse all that a country has developed through years. The most
affected are those on the Proximity of the disaster who happen to be the most vulnerable,
poor and less educated. The research was done by use of Doctrinal research where
scholarship involve ‘a critical conceptual analysis of all relevant legislation and case law to
reveal a statement of the law relevant to the matter under investigation’ through the analysis
of legislations journals text books and information on Library collection. Therefore, the
research has made some credible recommendation on how to understand the disasters and
its management.by sensitization of disaster risk reduction education and establishing a study
on the probable extent of which the disaster can go and the need for national and
institutional support centers for learning and management to be able to effectively prepare
for any possible outcomes.

CHAPTER ONE

GENERAL INTRODUCTION

1.1 Background of the study

Uganda is a land locked country situated in East Africa astride the equator and Sub Saharan
Africa with a total land of 241,550.7 (Sq. Km). It covers an area of 199,807 Sq. Km 1.The
current estimate of the population is standing currently at 42 million people. This represents
an increase of 10.4 million persons from the 2002 census. 2 It is bordered by Kenya to the

1
The Uganda bureau of Statics, 2012

15
East, Tanzania to the South, Rwanda to the South West and Democratic Republic of Congo
to the west and Sudan to the north.
Oil exploration activities were started in the 1920s by W.J. Wayland, a Colonial Government
Geologist of British Protectorate who documented up to 52 seeps of hydrocarbons in the
Albertine Graben3
The word disaster management has been found by researchers to so closely related with the
word’s emergency, risk, Hazard and striking out the line in between has not been useful.
However, some researchers have concluded that a risk may lead or link to an incidence, but
when the damage is of a high degree then it will be termed as a disaster. 4 Through research
has been concluded that risk is most likely to lead to a disaster, but when the extent of
damage is at a higher degree, then it will be termed as disaster.5

The development of the oil and gas sector comes with a lot of environmental challenges. The
area of production incidental coincides with the home of various wild life species calling for
the need for protection through proper planning. Unregulated actions by the oil and gas
industry can also destroy habitats, damage biodiversity and contaminate fresh waters6

There has been an increase in air pollution in some of the areas where drilling is taking place.
Which cause harmful effects to the community 7.Environmental compliancehas to be taken
into serious consideration and enforcement by the government. Enforcement in this context
simply means set of actions or process used by the Government, or through its lead agencies,
to promote environmental law compliance.8

2
The National population and housing census main report 2015
htpp://www.ubos.org/onlinefiles/uploads/ubos/nphc/2015pdf accessed on 12 August 2016
3
Ministry of Energy and Mineral Development (2010) Strengthening the Management of the Oil and Gas Sector in Uganda.
A Development Programme in cooperation with Norway, at 1
3
Wayland, E.J., 1925, cited in The hydrocarbon potential of the Albertine graben, Ministry of Natural Resources, Petroleum
Exploration & Production Department, Republic of Uganda, Entebbe, 1993, 8 p.
4
Devitt Catherine R and Borodzicz Edward P, 2008:Interwoven leadership :The missing link in multi Agency major incidence
response, journal on contigenecies and crisis management, December 2008, (volume number) pp, 209,215
5
Christine N, Mandu university of Nigeria AND Pace Univerrsity USA, Chu-Hua Kwei Pace university USA: Hand book of
Disataer Risk Reducttion Management
6
MacKenzie CA, Fuda RK, Ryan SJ, Hartter J. Drilling through Conservation Policy: Oil Exploration in Murchison Falls
Protected Area, Uganda. Conservat Soc 2017;15:322-33
7
California Environmental Protection Agency Air Resources Board. 2012. Health Effects of Air Pollution.
8
Environmental LawVoumel Second Edition.pdfhttp://www.greenwatch.or.ug/files/downloads/Handbook

16
Originally environmental laws and regulations had deterrent mechanisms which were very
insignificant to take effect on oil companies, individuals, or governments for purposes of
compliance with environmental laws.9

1.2 Statement of the Problem

The petroleum industry is a complex combination of interdependent operations that generate
mixed blessing, wealth and fortune on the one hand, and environmental injustices and
hopelessness on the other hand. More crucially, the debates over risk and environmental
management in the Albertine have continued to attract serious attention in environmental
protection. It is true that the anticipated revenue from oil and can transform and improving
the lives of Ugandans, in terms of reducing the gap between the rich and the poor. However,
these developments of the oil and gas sector in the country also presents with potential
environmental challenges if there are no strategies in place for preparation and recovery or
prevention. Another challenge is that the Ugandan laws as they stand may not lead to the
desired degree of adequate preparation and recovery process. The National Preparedness
Policy has not strongly emphasized about the sensitization of the need for disaster
management especially one caused by oil activities. There is also no evidence on the ground
to show that there is any sensitization going on to promote risk awareness. In addition, there
seems to be no political will and commitment towards environmental law compliance10

1.3General Objective/purpose of the Study

To examine the legal regime and institutional frame work of disaster preparedness
management in the petroleum industry in Uganda

1.3.1 Specific Objectives

i. To state the conceptual and theoretical framework of disaster management and key
definitions of preparedness and Management in the oil and gas industry in Uganda.

ii. To identify legal, institutional, policy frameworks governing disaster preparedness

and management in the oil and gas industry in Uganda

9
C. Rechtschaffen, „Deterrence vs. Cooperation and the Evolving Theory of Environmental Enforcement‟, in Southern
California Law Review Vol. 71 at 118P
10
George LubegaMatovu;The Challenges in Monitoring and Enforcement of Environmental Laws George LubegaMatovu
Natural Resources Management Specialist (Aquatic Biodiversity) NEMA.A Paper Presented at a Training Workshop to
strengthen and enhance the Capacity of Police Investigators and state prosecutors to enforce environmental laws.
March 2006

17
 iii. To analyze the legal, institutional policy frameworks governing disaster preparedness
and management in oil producing activities in Uganda to determine the reach and
efficacy.

iv. To establish the physical gaps or challenges of disaster preparedness and to propose
mechanisms to increase system resilience in response to management of disaster in oil
and gas industry

1.4 Research Questions

i. What is the conceptual and theoretical framework of disaster management and key
definitions of preparedness and Management in the oil and gas industry in Uganda.

ii. What is the legal, institutional, policy frameworks governing disaster preparedness
and management in the oil and gas industry in Uganda?

iii. What is the legal, institutional policy frameworks governing disaster preparedness and
management in oil producing activities in Uganda to determine the reach and
efficacy?

iv. What are the physical gaps or challenges of disaster preparedness and to propose
mechanisms to increase system resilience in response to management of disaster in oil
and gas industry?

1.5. Scope of the study

1.5.1 Content Scope

The research studied legislations and policy instruments of Uganda and drew
influence from statutes and instruments from other jurisdictions.

1.5.2 Geographical Scope

The scope of the study is Uganda, specifically in Western Uganda (Buliisa Hoima
District)

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1.5.3 Time Scope
The research looked at literature published between 2013 up to 2020

1. 6 Justification of the study

This research is very necessary given the fact that oil and gas industry in Uganda is still a
young activity and this has created a lot of questions in many areas including the question of
environmental law protection.

Disasters are very serious tragedies. However, their occurrence serves as a learning, in terms
of revisiting or evaluating for proper assimilation of the physical and the social factors
governing them following the aftermath of a disaster, a lot of very vital information like the
effects on people, the form of destruction to buildings and property, the effect on the
economic activity, can be compiled as the rescue mission is taking place to prevent loss of
evidence in the process of mop up exercise with hope of recovery. This will help in
structuring of policies and improve on practices to enhance the effectiveness of disaster and
risk assessments, create substantial awareness to the community by providing adequate
education in terms of preparation prediction interpreting the warning signals and mitigation
(hazards reduction) politically legally or administratively

Additionally, the research therefore assesses the sufficiency of these new laws and the extent
of compliance therewith and will make necessary recommendations in the gaps established.

1.8 Methodology
This researcher adopted doctrinal legal research which includes the tracing of legal precedent
and legislative interpretation. The essential features of doctrinal scholarship involve ‘a critical
conceptual analysis of all relevant legislation and case law to reveal a statement of the law
relevant to the matter under investigation’ through the analysis of legislations journals text
books and information on Library collection11
This research provides a systematic exposition of the rules governing a particular legal
category, analyses the relationship between rules, explains areas of difficulty and, perhaps,
predicts future developments12this being a research touching on the right to a clean and
healthy environment be able to give a comprehensive report. Important textbooks and articles
were reviewed to obtain and contextualize scholarly opinions for the guidance of this paper.
The research reviewed newspapers to ascertain the current trends in the industry. The paper
11
Jankowiz 2000), Business research projects 3rd Edition, business press Thomson learning
12
Pearce, Campbell& Harding, above n. 5, 2, 312 [9.17].

19
also relied on some internet or electric sources for secondary or tertiary information for the
support of the study especially in ascertaining current global trends in the industry, using
renowned sources like the International Oil Companies Healthy and Safety experts so as to
be able to understand their concern on the various sections concerning safety in the oil and
gas industry13
The research involved the study of relevant documentation on the study on disaster
preparedness and management of the oil and gas industry

1.9 Literature Review

It is not in dispute that although there is a lot of literature on environmental protection, there
is not a lot when it comes to success stories of the aftermath of disasters. Most of the
available literature is however not on the local context the area of oil and gas exploration and
production,

Darkwah14 contributed to literature by stating that Systems for compensating on aftermaths

of hazards should be reflected in the regulations of oil and gas, we can therefore see that the
writer is able to sense the need for the environment to be preserved or protected .He asserts
that there is need for strengthened capacity for environmental protection for purposes of
Corporate Social Responsibility. The researcher agrees with the writer because Oil and gas
exploration impact on the environment is in many negative ways by exposing the
environment to oil leakages and spills, gas flaring, and deforestation.

Therefore Chacneau15emphasises that gas flaring and venting should always be done
withcontrol measures which are consistent with the international standards of safety. The
researcher agreesthat in order to minimize the social and environmental costs of oil and gas
activities, mechanisms for conflict management and dispute resolution which could arise
through for example compensation,should be reflected in the relevant policies or under the
petroleum regulations

13
Comparative Literature: Primary, secondary & tertiary sources
14
/Darkwah;The Impact of oil gas discovery exploring on communities.
https://genderandsecurity.org/sites/default/files
15
Chaineau, Claude-Henri and Jacques Mine 2010. “The intergration of biodiversity conservation with oil and gas
exploration in sensitive tropical environments”. Biodiversity and conservation 19. N0 2 (2010);587-600

20
S. DesClers16One of the results of oil exploration on African states economies have had
serious environmental issues and very incidences of social and human rights abuse. With due
respect, although there is a possibility of environmental devastation due to oil and gas
exploration and production activities the author offers very little guidance on how this should
be mitigated. The research will highlight on some of the ways in which mitigation can be
carried out.

As finer17Deforestation and other related environment destruction generate both direct and
indirect impacts whose damage cannot effectively be managed. Concerns of altering land
surface with activities like drilling and construction in the Albertine region can destroy
inhabitant’s lively hoods influencing their ability to harvest much from their land. 18

Kityo19indicates that prevention of disasters activities ought to follow the sets of ecological
studies such as strategic environment assessment, environmental and social impacts
assessments studies, however the sites where these studies are carried out often lack baseline
data needed to back up the impacts from these studies

Emmanuel Adebayo Adewunmi and SogbonOdunwol20 Among the key responsibilities

and preparation for disasters producing companies must include an insurance coverage for the
inhabitants, containing the strict provision of compensation and responsibilities in oil spills. I
would agree with the compulsory provision of insurance however, the procedure for coming
up with the risk analysis also requires very skilled professionals which in the researcher’s
view would not be easily applicable in Uganda21

Collier and Hoefller(2000)22 have extended the resource-curse thesis by arguing that natural
resources do not only pose challenges to the economy of a state, but also have a tendency to
generate civil conflict as a result of grievance and greed which can provoke uprisings or civil
wars hence causing massive disasters. But the writer has not been specific on the mechanisms
16
S. Des Clers (2007) Mitigating the Impacts of Oil Exploration and Production on Coastal and Wetland Livelihoods in
West and Central Africa, at 7.
17
Finer,M,, Clinton N, Jenkins S,, Brian K and Carl R, 2008,”oil and gas projects in the western Amazon ;threats to
wilderness biodiversity and to indigenous people” Plos one 3 . no 8 e2932
18
https://www.environmentalpollutioncenters.org/oil-spill/humans/
Kityo R.M. 2011. The effects of oil and gas exploration in the Albertine Rift Region on biodiversity; a case of
19

protected areas(Murchison falls National Park Kampala)

20
Emmanuel .A .A and Sogbon O :Baseline-Study-on-the-Impact-of-Oil-Exploration-on-Livelily hood security
21
https://www.cglobalins.com/industries/oil-and-gas-industry-insurance/
22
Collier, P. and A. Hoefller. 1998. ‘On the Economic Causes of Civil War.’ Oxford Economic Papers, 50:563-73.

21
of how to prevent such up comings from occurring. The research will identify how some of
these incidences can be prevented

Eman23 in his journal counts that dispose of these pollutants, will severely impact Uganda’s
soil, air and water. And therefore, having serious implications for the survival of species in
communities near oil reserves. Oil spillage massively pollutes water bodies thereby
threatening fisheries and reducing tourism, harming bird life causing severe disasters
The environmental pollution caused by oil drilling also results in a destruction of livelihoods
in local communities making it difficult for the present and future generations to make a
living off of their land. Farming and fishing activities, the main stream of these economies,
which literally grind to a halt with disasters 24

Turner and Brown hill25 oil spills have caused disastrous effects from gas flaring due to
unregulated activities in the oil industry which has caused grave physical and mental sickness
hence violating their rights in the national and international instruments. The oil activities
have already caused a disaster on which there is a likelihood of the future generation also
suffering the same impacts. Oil activities must be constantly monitored and regulated to make
sure that their activities are within the range of the required degree. The write however does
not go on to show which mechanism can be applied to stop or mitigate the extent of disaster
impact.

Likewise, according to Dadiowei (2003)26 assesses that when plans for disastrous events are
not taken into consideration, the environment may start from impacts which seemingly look
negligible like change in the landscape to those that are adverse in nature like oil spills,
uncertain waste disposal, pollution of the water and soils causing extensive damage to the
environment. He asserts that its only public opinion and pressure will be the only effective
mode to curb or control environmental degradation and preparation for disasters in the
industry. This however as a tool has been seen to exist but has had very insignificant response
from the actors.The researcher agrees with the writer when he suggests for the need to
23
Eman ,A. H. Muhammed Naima M .H Yousef and G . Azzarfarng. 2012. Isolation and Molecularidentification of
polyaromantichydrocarnons utilizing bacteria from crude prteoleu
m oil samples”AfricanJournalm of Microbiology Research 6 no 49 (2012)7479-7484
24
Global journal of science frontier research environment and earth sciences: volume 12 issue 3versin 1.0.issue 2012
2536
The implications of oil pollution for the enjoyment of sexual and reproductive rights of women in Niger Delta area of
Nigeria
26
An approach towards effective monitoring of environmental pollution resulting from petroleum industry activities 113-
123.pdfhttp://www.icontrolpollution.com/articles Accessed on 06/04/2018

22
formalize structures and organized agencies who will strictly monitor the operators in bid of
emphasising responsibility.

In this vein, Bainomugisha, Kivengyere and Tusasirwe27 also concede that over time oil
and gas exploration and production activities have led to development of what has come to be
known as, the oil curse in many countries due to magnitude of disasters. That this includes
inter alia, environmental costs, that is, damage on the environment and adverse effects on the
livelihoods of communities around the E&P areas. However, the authors do not more than
identifying the problem.
Andrew Plumptre28The author gives a detailed theoretical analysis of the impacts of the oil
and gas activities on biodiversity but his thesis is so academic and does not offer practical
operational guidelines for environmental impact control, regulation or mitigation of the
disasters. The author rightly reflects a coherent narrative of the national and international
legal and policy standards required but does not show how far operators have complied
therewith yet this report was authored at a time (2011) when at least oil and gas activities had
taken root in the Albertin region.

In the same vein, Shepherd29 also observes that irrational oil and gas activities can lead the
country into an oil curse but he concentrates on administrative/governance issues and revenue
spending options. To this extent he ignores environmental concerns when he dwells on
matters such as transparency, building of strong parallel economic constituencies,
empowering experts and listening to their advice, public participation in developing spending
options and others which can be key points to consider when making plans to mitigate
disaster

The Louisiana Environmental Programme30 would provide a good guidance on

environmental compliance especially matters to do with oil spills, water and air standards,
waste management and environmental leadership and disastser management and preparation,
however its theoretical structure and baseline data analysis is state-specific to Louisiana, US

27
A. Bainomugisha, Hope Kivengyere& Benson Tusasirwe, op cit.
28
Andrew P Wildlife Conservation Society: Extent and Status of Forests in Ugandan Albertine Rift October 2002
29
Shepherd ,B (2013) Oil in Uganda: International Lessons for Success, at pp. 12-25.
30
Louisiana Environmental Program (2012) Field Guide to Environmental Compliance for Oil and Gas Exploration and
Production Operations (April 2012), at pp 6-48.

23
hence of limited general importance to Uganda. The researcher will discuss the above with
specific reference being made to the Uganda context

Tiamor.31On his comments on the oil resource becoming a curse in Uganda only looked at it
in terms of the cash in, the modes of sharing of the contracts since some of the blocks are
situated alongside the boarders of Congo and Uganda. He asserts that when the proceeds
begin to flow in, his only good expectations will be a decrease in the prices of fuel. However,
the economic situation in Uganda will remain unchanged or even worse, with more
unemployment problems, shortage of food, since many will have diverted from farming with
a bigger dream of making quick money in the petroleum industry, increase in inflations and
also boarder crisis insecurities causing loss of lives through conflicts

Sharma Y. C. B Singh and S.N Upadhyay 2008.32Assert that, nearly everywhere,

hydrocarbons are developed: potential implications for loss of biodiversity will prevail and
precautionary measures should be set in place to reduce on such effects. I agree with the
writers, because they have brought out the issue of risk in the industry which is an element
which should be arranged for beforehand. The writer has clearly spelled out that disasters and
other risk are inevitable

Neal Adams33educates readers on the various potential risks related to oil and gas industries.
He emphasizes the need for all key players from the casual workers to the professionals, the
finance, executive and all government officials’ security agencies to play a role on effective
management and preparation for disasters response. A mechanism must be set up to lay
information concerning the preparation for disaster which everyone will gain irrespective of
whether they are key stake holders in the industry or not. A wide dissemination of
information concerning prevention of risk and mitigation will help in the understanding of
great potential and security risks related to the oil and gas industry
.

31
Taimor, lay 2003.Africa Anew Frontier.-the rush for oil and gas in East Africa May 29 2012http://allafrica.com/
stories/20120590783 html.page 2:
32
Sharma, Y. C. B Singh and S.N. Upadhyay,2008 ‘Advancements in Development and Characterization of biobiesel: a
review” Fuel 87, no 12: 2355-2373
33
Neal .A, Pen well publications Terrorism and oil and gas “

24
According to Gurumo and Lixin34 in their examination of the role of international
conventions in ensuring sound petroleum operations, the petroleum industry has contributed a
great deal to the world’s development but nevertheless this development has been
accompanied by considerable 70 US Environmental Protection Agency (2008) An
Assessment of the Environmental Implications of Oil and Gas Production: A Regional Case
Study. Working Draft (Sept. 2008) at 1 environmental adversity. They focus on the marine
environment and note that whereas exploration and exploitation of the seabed, offshore oil
installations and transportation of oil through the sea may not be the most polluting of the
activities, once a major spill of oil occurs at the sea it is very disastrous.35
The foregoing authors concentrate on the marine environment yet this does not so much
apply to Uganda save for a few wells drilled at the shores of Lake Albert. The authors
concern themselves with the role of international conventions in ensuring compensation of
victims of oil spill accidents and environmental protection yet it has been settled that sound
environmental regulation majorly dwells on national legislation.36 As such, the paper leaves a
research gap on the measures and practical approaches of environmental consciousness
during oil exploration and production particularly for Uganda.
The Resource Curse (Paradox of Plenty)
Miguel De Cervantes. Spanish author37 contributed to literatureIt therefore follows that
when a country experiences a sudden large increase income the consequences may be
harmful. For example, in the 1960s, Netherlands experienced a vast increase in its wealth on
discovering large Natural Gas deposits in the North Sea but unfortunately this apparently
positive development had serious negative repercussions on important segments of the
county’s economy as the group of the “Dutch Guilders” 38 who dealt in the resource became
stronger, making other natural gas exporting sectors more expensive and less competitive.39

Citing with approval the National Oil and Gas Policy for Uganda, the scholar recognizes that
if the country’s Oil and Gas resources and revenues are not well managed, the petroleum

34
T. Gurumo& Han Lixin (2011) „Petroleum and Sustainable Development: the Role of International Conventions‟ in
International Conference on Petroleum and Sustainable Development. IPCBEE, Vol.26 (2011). IA SIT Press, Singapore, at
pp. 61-62.
35

36
Supra note 65
37
“Donor Engagement in Uganda’s Oil and Gas Sector: An Agenda for Action. A Briefing by Global Witness,
Oct.2010
38
See Miguel De Cervantes, “Don Quixote De La Mancha”
39
E. Kaweesi, op cit at15

25
sector has the potential to cause the most negative impact on society. This is the so called
“resource curse” and that according to the policy it is the negative effect of oil and gas
resource utilization leading to economic stagnation, environmental degradation and increased
poverty.
It is also called the Paradox of Plenty.40 Indeed the greatest fear for most resource rich
countries especially those new in the oil industry, is this resource curse. It is the term used to
describe the failure of resource rich countries to benefit from their natural wealth. The
resource curse therefore bears political and economic connotations. Soros argues those there
three factors in managing resource wealth; asymmetric agency, asymmetric information and
asymmetric bargaining power, and those agency problems arise when the agents
(governments) don’t serve the interests of the principal (governed) as required by the Public
trust doctrine.41

According to Bell and Faria,42 in developing countries where institutions are still maturing,
the magnitude of receipts and difficulties of control suggest the need for a special legislation
directed to a particular problem posed by such revenues. The revenue management law must
be adapted to the needs of the institutions and legal framework of the country. They argue
that many times formal codes adopted are merely „show‟ laws due to lack of resources,
experience, overriding economic and political considerations or lack of culture of
compliance. Other laws governing public procurement, public information, disclosure of
contracts, conflict of interest and judicial review are of equal relevance. 43They warn against
the danger of assuming that norms and mentality will change when production and revenue
accumulation takes off. This suggests that other factors such as the compliance with
legislation and implementation thereof are very crucial in management of oil wealth, and
most importantly adequate planning to be done prior to oil production. The writer has
emphasized that preparation of all forms including a disaster management strategy must be
put in place before the commencement of the oil exploration

According to Yergin,44 oil wealth management depends on the county’s capacity to plan
properly. That the rush for oil production leads to reliance on foreign ill-equipped geologists,
40
Part 6 of the National Oil and Gas Policy, at page 30 as discussed by E. Kaweesi, ibid.
41
Ibid
42
J.C. Bell and T. MauriaFaria, „Critical issues for a Revenue management Law‟ (2006) Initiative for Policy Dialogue
Working Paper Series http://policydialogue.org/files/publications/Ch11.pdf accessed on 6th July 2014
43
Ibid.
44
D. Yergin (2008) The Prize: The Epic Quest for Oil, Money and Power, New Edition, Free press, New York.

26
leading to premature exhaustion of oil deposits due to quick and large perceived and
anticipated oil rewards. He argues that oil is a commodity intimately intertwined with
national and global politics and power and a country’s success depends on its capacity to plan
and strictly implement such plans. Otherwise, as Yergin45Spanish author also says, oil can be
a fool’s gold‟ which is what poor country planners havecontinued to confuse with the “oil
curse”. „It is not a curse but rather failure by fools to be good planners, to be transparent and
accountable to the people which lead to a resource curse‟. Accordingly, it is important that
each entity carries out its functions as mandated by the law, though one should not assume
that newly formed policies, laws and institutions will easily master government and
administrative skills than the existing ones.

Conclusion: Considering the foregoing discussion, it is clear that Uganda is soon joining the
international oil producing community, with reserves going up to 3.5 billion barrels. It is also
noteworthy that due to the long history of fuel scarcity in Uganda compared to the
exponential consumption rates, Ugandans are so optimistic that probably the imminent
production of oil at home may be a great blessing. However, it is also clear from the above
that if oil exploration and production activities are not well planned and managed Uganda
may just like other African countries, suffer from the oil curse which shall not only manifest
through environmental degeneration but also economic retrogression. Uganda has laws and
policies which can promote environmentally sound oil activities, but the question is whether
the players in the industry are complying. This question continues to guide this study all
through the subsequent chapters.

1.10 Organizational Layout

1.10.1 Chapter one
Comprise of general introduction and background of this study which will show the statement
of the problem attracting the investigation, the objectives of the study will be formulated
corresponding with the research questions. The methodology will express the way the
research was carried out, the scope and significance will be reflected in this chapter. A review
of what other scholars have written in respect of the research in which there will be mention
of some major disasters that have occurred and their impacts.

45
R.A. Posner, „Theories of Economic Regulation‟ (1974) NBER Working Paper Series, No. 41, Center For Economic
Analysis Of Human Behaviour And Social Institutions, New York, <http://www.nber.org/papers/w0041.pdf> accessed on
6th July 2014

27
1.10.2 Chapter two
Will discuss both the conceptual frame work and theoretical frame work governing disaster
management. The Chapter will also show a historical perspective of disasters in general, in
Uganda. Various adverse environmental impacts from oil activities are mentioned within.
The chapter will give an over view of most recent global disasters in relation to oil activities
and how they were managed. Some key terminologies will be defined in this chapter

1.10.3 Chapter Three

Will analyze the legal frame work governing disaster preparedness and management in the oil
industry in Uganda, citing the various Laws and Policies from the adaptation of the
international laws the, Conventions and treaties governing oil and gas activities in Uganda in
regard to environmental protection on disaster mitigation and management.

1.10.4 Chapter four

Discusses the institutional Frame work governing oil and gas in Uganda, citing their various
roles and authority, the lead agency and the prescribed measures relating to emergency
preparedness and desired response systems in place it will also analyze Challenges of disaster
preparedness.

1.10.5 Chapter Five

It will Constitute a summary of findings preposition, mechanisms or strategies to be pursued

to increase systems resilience for preparedness for disaster and in the oil and gas industry.

CHAPTER TWO

THE CONCEPTUAL AND THEORETICAL FRAMEWORK OF DISASTER

PREVENTION AND MANAGEMENT

28
2.1 KEY DEFINATIONS
2.1 Disaster is a serious disruption of the functioning of a community or a society at any
scale due to hazardous events interacting with conditions of exposure, vulnerability and
capacity, leading to one or more of the following: human, material, economic and
environmental losses and impacts.
2.1.2 Preparedness is taken to mean knowledge and capacities developed by governments,
response and recovery organizations, communities and individuals to effectively anticipate,
respond to and recover from the impacts of likely, imminent or current disasters.
2.2.3 Prevention is taken to refer to activities and measures taken to avoid existing and
new disaster risks. To the extent possible, prevention measures seek to completely reduce
chances of recurrence of disasters as well as reducing risk (vulnerability and exposure).
2.2.4 Mitigation is taken to mean the lessening or minimizing of the adverse impacts of a
hazardous event. Mitigation actions/measures are taken with recognition that while the
adverse impact of hazards cannot be fully prevented, their magnitude/scale and severity can
be significantly lessened. Definitions
2.2.5 Disaster Management is defined as the organization and management of resources
and responsibilities for dealing with all humanitarian aspects of emergencies, preparedness,
response and recovery in order to lessen the impact of disasters.
2.2.6 Disaster risk reduction on the other hand is a systematic approach to identifying,
assessing and reducing the risks of disaster
It is said that every stage of oil and gas development, there are great human and
environmental risk. There are two major concerns that relate to oil exploration and
production. The first related to the environmental concerns and the second to is whether the
current policies and legal frame works can address these concerns to prevent disasters46.
2.2.7 The Upstream value chain which involves licensing, exploration appraisal and
development production The Midstream value chain which involves transportation, refining
and gas processing and the Downstream value chain which involves distribution, marketing
and sales of the final output of the oil products.47
2.2.8 Disaster Risk Management (DRM)
disciplinary process of planning and management which seeks to improve measures relating
systematic study and analysis

46
https://network.bepress.com/physical-sciences-and-mathematics/environmental-sciences/natural-resource-economics as
acccessed on 24/09/2019 at 6:00pm
47
http://uhrc.ug/uhrc-oil-and-gas-capacity-building-workshop-report Accessed at 6;00 pm 3/09/2019

29
2.2.9 District Emergency Coordination and Operation Centre (DECOC) means the 24
hours
equipment is displayed or placed on standby to assist in emergency response co-coordination
and communication
2.2.10 Early Warning System (EWS) means a program established to monitor and warn on
early signs.
2.2.11 Emergency” means a condition of disaster or of extreme peril to the safety of persons
and other than environment.
Exploration and production activities are subject to extensive legislation and regulation
concerning Occupational Health and Safety (OHS). All operators have OHS strategies to
satisfy their own operating and regulatory requirements
Safety Management Systems (SMS) are a principle component of such strategies where
guidelines have been developed by individual companies, national and international bodies
and institutions to keep at braise with the international Standard on quality systems, ISO
9000 (ISQS).
Similarly, Environment aspects are used to control and manage environmental impacts 48
It is against this background that the researcher picked interest in the research

2.3 Status of oil and gas Exploration in Uganda

The Albertine Graben forms the Northern most part of the Western arm of the east African
Rift valley, running along Uganda’s Wester boarder with DRC .Listed Among the
sedimentary basins in Uganda for oil exploration include the Hoima basin ,the Kadam
Moroto Basin, Lake kyoga Basin, lake WamalaBasin,but the Graben was the most
prospective area of discovery and explorations early as 1020s. The Anglo European
Investment Company of South Africa, begun drilling of Wakii -B1 which was followed by
colonial policies and political uncertainties 49

After 1980 consistent and modern efforts were made towards petroleum exploration in
Uganda. In 1983 petroleum regulations were enacted hence, and the Petroleum and
Production Act which came into force in 1991 and the Profit-Sharing Agreement (PSA) was
signed between Fina exploration and the Uganda Government 50

48
Guidelines for the development and application of health safety and environment systems report.
49
www.petroleum.go.ug/history of oil in Uganda
50
ibid

30
In 1997 the Semilik basin was licensed to heritage in 2001and E,A 2 ( Northern lake Albert
Basin) was licensed to hardman and between 2002 and 2004 ,drilling of Turaco 1-2 and 3
wells took in the Semilik basin. Between 2003 we have had the Rhino camp basin) licensed
to Neptune Petroleum

The first discovery of oil in the Kaisontonya area Mputa Basin in 2006 by Dominion
Petroleum which was licensed for the exploration area 4B . In the same year activities in the
oil and gas sector started, including signing of oil Production Sharing Agreements with
companies to drill oil wells and set up the necessary infrastructure. Six oil wells; four at
Kingfisher project area in Kikuube District and two at Tilenga area in Buliisa District have
since been drilled by CNOOC

Production is ready and plans are underway to complete construction of two pipelines
estimated that construction of the pipelines will take between three to four years, including
road network, waste management facility, resettlement shelters for those displaced by the oil
production activities. The refinery will transport crude oil from the refinery located in Kabale
in Hoima District to Tanga Port in Tanzania. Uganda is projected to produce about 200,000
barrels of oil per day for commercialization with Kingfisher producing 40,000 and Tilenga
190,000 barrels. 51 a refinery, road network, waste management facility, resettlement shelters
for those displaced by the oil production activities, as well as skilling locals to work in the
sector. Oil production in Uganda is likely to start in 2021 at the earliest, China’s CNOOC
said, giving a later date than the government’s 2020 target.52

2.3.1 Development of the oil Regulation in Uganda

Two Acts were assented to by the President. The Petroleum Exploration Development and
Production Act (PEDP) Act No.3 of 2013 and the Petroleum Refining, Conversion,
Transmission and Midstream storage (PRCTM) Act No 4 of 2013. These were preceded by
the National Oil and Gas Policy which was approved by cabinet on 30 th January 2008 to
guide the development of oil and gas in Uganda53.

The policy among others recognizes the challenges associated with the natural resources
wealth and the need to mitigate the potential negative impacts of the extractive industry in
51
https://www.parliament.go.ug/news/3521/uganda%E2%80%99s-oil-production-dates-balance accessed on 22/09/2019
52
https://www.reuters.com/article/uganda-oil/chinas-cnooc-sees-ugandan-oil-production-starting-in-2021 accessed on
22/10/2019
53
http://www.pau.go.ug/site/assets/files/1136/nationaloilandgaspolicyforuganda.pdf

31
order to achieve substantial development. The major policy and legislative environmental law
compliance requirements were developed after 1994 with the formulation of the National
Environment Action54

2.4 Over view of risk profile of disasters in Uganda

Disasters can lead to a serious disruption of the functioning of a community or a society,
leading to drastic economic or environmental losses, loss of lives and damage to property and
a breakdown of infrastructure that exceed the ability of the affected community or society to
recover from using its own resources. 55

It is important to note that Uganda, like many other countries has had its own share of
disasters:- among others are the earth quakes, famine, landslides, pest infestations,
hailstorms, drought, volcanic eruptions, among others .56

2.4.1 Civil and political wars. Over a decade, Uganda has experienced a wide range of
disasters which have affected most of the country notably Displacement of persons as a result
of civil strife Since the 1990s, Uganda has been involved in a civil war in the north against
the Lord’s Resistance Army (LRA). The LRA was led by Joseph Kony who wished to
allegedly establish a state based on the biblical Ten Commandments. Kony is accused of
carrying out widespread abduction of children to serve as soldiers or sex slaves. It is
estimated that the LRA abducted around 30,000 children and that the civil war led to the
displacement of 1.6 million people from Northern Uganda causing death, mutilation and
kidnapping of more than 100,000 people57

2.4.2 Landslideswhich are prone to the Mt. Elgon region of Uganda are reported to have
the highest rates of devastating effects on the livelihood of people in the region. 58 Already
government has resettled 3000 victims of the 2011 Bududa landslide in Kiryandongo. Each
family that was resettled in lower Bulambuli, according to Minister for Relief, Disaster
Preparedness and Refugees, Hillary Onek, will be allotted 2.5 acres59

54
http://pau.go.ug/uploads/Gazetted_Midstream_National_Content_Regulations.pdf
55
UNDP, Northern Uganda Internally Displaced Persons Profiling Study (2005)
56
The Uganda National Report and Information on Disaster Risk Reduction Efforts (DRRE) for the World Conference on
Disasters Reduction delivered at Kobe – Hyogo, Japan 18-22 January 2005
57
https://www.insightonconflict.org/conflicts/uganda/conflict-profile accessed on 24/09/2019 at 6;00pm
58
landslide-and-flood-disasters-a-qualitative-study-of-mt-elgon-region-uganda/
59
http://www.newvision.co.ug/new_vision/news/1310468/resettling-bududa-families-starts accessed on 01/09/2016

32
2.4.3 Famineas a result of drought60.The shadow of famine has returned to Karamoja,
Uganda. Fr Mitema MHM has asked for your help in feeding the people of his parish of
Loyoro and neighboring Pany Angara. He writes, “The situation was of promise last year,
though the harvest was once more minimal. Now in much of East Africa and in Uganda as a
whole, food production is insufficient and the little in the markets has pushed the prices very
high beyond ordinary families’ means”.

Once again, people are on the move to find food and water. Further-more, many refugees
from neighboring South Sudan are entering the area, fleeing from famine and war. This is
adding to pressures on scarce resources.61

2.4.4 Floodswhich are exacerbated by heavy rains known as El Niño, which swell the many
rivers and inundate the relatively low-lying flat areas of the country/ About 2 million
Ugandans in seven districts among them is most affected Teso region particularly affecting
Katakwi and Amuria Districts in Eastern Uganda, 62 where heavy rains triggered by the El
Nino weather phenomenon, destroyed their homes and small farms, leaving many destitute
and on the verge of starvation.63 Heavy rains have weakened infrastructure with floods
destroying bridges and washing away sections of roads. More than 40,000 people have
reportedly been rendered homeless after their homes were destroyed by floods.64

2.5 Activities Prone to disasters in the oil industry

2.5.1 Refinery and transportationof crude oil it can be a target of terrorism and sabotage,
therefore such sites must be extremely secure while allowing effective daily operations and
maintenance. Development and exploration sites are frequently located in remote areas,
characterized by poor transport connections and communication to the authorities and the
associated security infrastructure. If national security forces are supplied to guard the site,
they are usually outnumbered by the attackers, who typically are members of the surrounding
communities.65 Therefore these sites represent attractive targets for terrorist it is important to
60
UNDAC, Report of the Disaster Response Preparedness Mission (2008), available at
http://wwugandaclusters.ug/disaster.htm
61
http://www.spicma.org/famine-in-uganda
62
http://www.monitor.co.ug/News/Nationalaccessed on 24/09/2019
63
Pidwirny, M. (2006). El Niño, La Niña, and the Southern Oscillation.Fundamentals of Physical Geography, 2nd Edition.
accessed on 24/09/2019
64
http://www.theafricareport.com/East-Horn-Africa/uganda-2-million-people-affected-
65
Security Risks to the Oil and Gas Industry: Terrorist Capabilities Strategic Insights, Volume VII, Issue 1 (February 2008)

33
prevent unauthorized entry. In Columbia for example rebels bombed the Cano Limo Oil
pipeline and other pipelines over 950 times since 199366

2.5.2 Storage and transportationthis are often considered a critical infrastructure

because a disruption in one of its components can have significant impact on the economic
and social wellbeing of a region of a nation. From an economic standpoint, the impacts of
disasters are dependent on three factors; which include: - the nature and level of incidence of
disasters, the level of exposure and vulnerability of populations, location of the
infrastructures. There are several factors that contribute to the threats, risk and disasters on
transportation systems to the service station. The potential of sabotage and road accident are
high risk, hence the need for a suitable transportation and storage system, in order to avert
disasters67.

2.5.3 Distribution and Retail servicesat service stations must be controlled. Adulteration
of the oil can be done during transit hence changing the components of the oil, making it a
possible risk to the consumers. According to Neal Adams petroleum products play an
important role on our National economy, as such making security a priority in the petroleum
industry68 because Uganda’s oil established reserves, shared with the Democratic Republic of
Congo which raises serious concern, hence a likely dispute between Uganda and Congo can
arise.69
A case in point is in 2005 when Uganda was ordered to pay damages to DRC by the
International Court of Justice (ICJ)for violating Article 2(4) of the UN charter and for
various violations of humanitarian and international Human Rights Law, including
plundering natural resources 70

2.5.4 The risks from terrorists’attacks to the energy supply vary by segment of the
industry. Which is broadly defined as ration and production, refining, pipeline transportation,
products distribution and marketing. Now days with the emergence of new kinds of politics

66
Government accountability office (GAO). Security Assistance: Efforts to secure Columbia’s Cano Limo covenas oil
pipeline have reduced attacks, but challenges remain GAO-O5-971 September 2005.pg/15

67
Transportation and Disasters Author: Dr. Jean-Paul Rodrigue
68
Terrorism and oil by Neal Adams, PennWell Publications
69
Alexandra Johnson (11 October 2017). "The Allied Democratic Forces Attacks Two UN Peacekeepers in the DRC".
Center for Security Policy. Archived from the original on 16 November 2018.
70
http://think security Africa/oil-gas-in Uganda/ accessed on 20th August 2019

34
asymmetric threats using unconventional warfare tactics are primary threats to critical
infrastructures71
The physical and chemical properties of the materials processed, stored and handled at these
facilities may create attractive targets for an adversary to cause malicious release with the
intent to harm the neighboring population. 72

2.6 Impact of oil activities to the Environment

Human inhalation is at risk in many oil producing states due to desecration from aerosol
pollutants of oil wastes and gas flares affluent73. This is particularly common in
underdeveloped oil producing states whose regulation of foreign multinational oil
corporations is compromised by their inability to ensure enforcement of existing laws by
these corporations74
Accidents caused by human error can be minimized by following environmental regulations
and security procedures.75

2.6.1 Impact on Biodiversity

Environmental challenges are those risks and harm to the environment. The oil exploration
process chain has raised a lot of environmental concerns and is challenging the adequacy of
existing regulatory regimes. According to Joseph Mawejje etal (2013) the rich variety of flora
and fauns found in this region is an important source of goods and services and supports both
76
formal and informal sectors of the economy including the tourism industry. It is therefore
feared that activities of oil and gas could lead to destruction of habitat for this diversity, result
into water and soil contamination ultimately resulting into plant and life in the Albertine
Graben.77Oil pollution in many intertidal creeks has left mangroves denuded of leaves and
stems, leavingroots coated in a bitumen-like substance sometimes become thicker.
Mangrovesare spawning areas for fish and nurseries for juvenile fish and the extensive

71
Oil and Gas industry: A comprehensive security risk management Approach pg. 3. www.riskwatch.comas accessed on
August 15th, 2019
72
https://www.nema.go.ug/eias/east-african-crude-oil-pipeline-eacop-esia
73
Joseph KimuliBalikuddembe and Ali Ardalan Department of Disaster and Emergency Health, School of Public Health,
Tehran University of Medical Sciences
74
https://wedocs.unep.org/bitstream/handle/20.500.11822/25282/ogoniland chapter1 UNEPOEA.pdf accessed on 29/08/2019
10:15am
75
Roberts’ Whitepaper sponsored by EMC May 2013
76
Supra note 18at p,8
77
Joseph Mawejjeetal,supra note 34 at pp2 and 10

35
pollution of theseareas is impacting the fish life-cycle. Any crops in areas directly impacted
by oilspills will be damaged. 78
When farming recommences, plants generally show signs of stress and yields are reportedly
lower than in non-impacted areas. When an oil spill occurs on land, fires often break out,
killing vegetation and creating a crust over the land, making remediation or revegetation
difficult.79Hence loss or alteration of terrestrial habits due to climate change, noise pollution
caused by patrolmen activities will likely impact on animal diversity and concertation in the
savannas and tropical forests80

2.6.2 Impact on water and Air

The other eminent disaster in the Albertine region is, without a doubt water contamination.
According to Ministry of Water and Environment, Lake Albert is a major source of drinkable
water to local people across the Albertine Graben region. The Albertine being one of
Uganda’s regions with frequent rains, its underground water table and aquifers are at risk of
infiltration by oil spills carried by gaseous and liquid creeks oxidized in space and water. 81

For example, oil spills on the lake will contaminate the sole source of water to residents of
fish landing sites.  Similarly, oil exploration and drilling activities will necessitate relocation
of residents of fishing communities with attendant disruption of economic activities and
livelihoods

 It’s important to note that both local people and animal’s health will be exposed to water
borne and oral focal comorbidities such as cholera, diarrhea and typhoid. Despite the
mechanisms put in place by the Ministry of Water and Environment, water contamination
may not be fully contained considering that the projected collection of 200,000 – 350,000
barrels processed per day in the Greenfield oil refinery82
Also, some leaders from districts where the East African Crude Oil Pipeline (EACOP) is to
be laid expressed fears that the leakages from the pipeline could affect water quality among

78
The United Nations Environmental Programme's (UNEP's) report on oil pollution in Ogoniland in 2011,
79
http://africanwomenshealthfoundation.com/attachments/Ogoniland Projects.pdf
80
http://www.natureuganda org/effects of oil and gas exploration of oil and gas in the ALBERTINE RIFT REGION ON
biodiversity .html (accessed on20th January 2019 at 4:00pm
81
https://www.independent.co.ug/oil-spill-how-prepared-is-uganda-and-the-oil-companies accessed on 23/07/2019 at
2:30pm
82
https://www.mwe.go.ug/projects-programmes accessed on 29/08/2019 10:18am

36
others.83 The fears are based on what has happened in other countries like the BP oil spill in
the Gulf of Mexico in 2010 which resulted in killing and injuring several people. 84Uganda
can therefore pick a leaf from this experience.

According to a recent Baseline Survey (EACOP) found that as a result of the oil exploration
project, there would be some potential risks to water bodies like Lake Albert, and Rivers like
Wambabya, Semuliki and the Nile and the Nile delta also known as the Murchison delta at
the from the oil exploration project in Uganda.85

Compared to common industrial development petroleum is known to have the potential of

polluting land and water resources and waste from petroleum activities require skilled and
controlled management. Petroleum activities must be taken into great consideration in
Uganda this being the first time that Uganda ai s exploring petroleum.86
Hence Pollution can affect quality of air, water, land and health. May be done through gas
flaring, venting or purging of gas, noise pollution, burning of combustive fuels like engine
and turbine fuel, it can also arise out of from dust dispersal due to road traffic or through
irresponsive waste disposal87
Abandoned wells if not properly decommissioned and secured against leaks may
contaminate nearby ground water beds. Orphaned wells are often abandoned without any
plugging or cleanup, but even plugged wells may leak, especially those plugged in the past,
when plugging procedures were less rigorous and when fewer durable materials were used.
Unplugged or poorly plugged wells may affect ground water and Surface of the Environment,
with Methane Emissions which poses a potential challenge and serious planning must be
carried out to prevent any disasters.88

83
https://www.britannica.com/event/Deepwater-Horizon-oil-spill
84
https://www.independent.co.ug/oil-spill-how-prepared-is-uganda-and-the-oil-companies accessed on 23/07/2019 at 2:30pm
85
The independent TUESDAY, JULY 30 2019 https://www.ntv.co.ug/news/akawungeezi/-Lwaki-bannabibiina-baagala-
bakugirwe
86
NEMA,state of environment report,2012.p 236
87
Jacqueline Lang Weaver,supra note 13 at p.56
88
National Petroleum Council (2011). Plugging and Abandonment of Oil and Gas Wells. In: Prudent Development:
Realizing the Potential of North America’s Abundant Natural Gas and Oil Resources, Topic Paper #2-25.

37
2.6.3 Impact on Humans
Reports have already emerged from the people of Kasemene 1 oil pad exploration area in
Bulisa alleging pollution of the environment from dust, noise and stench which is already
affecting people’s health. mostly children, pregnant women and the elderly.89

In ondiek exploration pad area in Nebbi district, the machinery used is heavy and has causes
a lot of vibrations which are causing some pregnant women and animals to miscarry. They
can be felt close to 2kms away. The area being hot and dry, has suffered a lot of dust and
lack of sleep for the communities since the work would be done during the nights the cotton
pads grown in the fields were totally covered with dust hence loss of produce.
The explorations companies do not even bother to sprinkle some water to mitigate the dust.
Ideally the communities are not enjoying their right to a clean and healthy environment as
envisaged under Constitution of Uganda90. This clearly shows that oil actives are not being
closely monitored by the government.

2.7 Overview of Disasters in the InternationalPerspective

2.7.1 Exxon Valdez oil spill

The Exxon Valdez oil spill occurred in Prince William Sound, Alaska, on Good Friday,
March 24, 1989, when Exxon Valdez, an oil tanker bound for Long Beach, California, struck
Prince William Sound's Bligh Reef at 12:04 am local time and spilled 11 to 38 million US
gallons (260,000 to 900,000 bbl; 42,000 to 144,000 m3) of crude oil over the next few days. 91

It is one of the most devastating human-caused environmental disasters. 92 The Valdez spill
was the largest in US waters until the 2010 Deep-water Horizon oil spill, in terms of volume
released. However, Prince William Sound's remote location, accessible only by helicopter,
plane, or boat, made government and industry response efforts difficult and severely taxed
existing plans for response.

This disaster resulted in International Maritime Organization introducing comprehensiverules

through various conventions. The rules were ratified by member countries and, under
89
Extracted from the human rights commission special report on emerging human rights issues in the Albertine Graben,
Deceneber2013,supra notep.24 Report of the UN Independent Expert on Human Rights and Environment p.4.supra 7
90
Article 39 of the constitution of the Republic of Uganda
91
D.A. Wolfe, et al.The fate of the oil spilled from the Exxon Valdez Environmental Science & Technology, 28 (13)
(1994), pp. 560A-568A
92
.F. Piatt, et al.Immediate impact of the’ExxonValdez’oil spill on marine birds The Auk (1990), pp. 387-397

38
International Ship Management (ISM) rules, the ships are being operated with a common
objective of "safer ships and cleaner oceans”. Uganda can also introduce pollution prevention
rules and also ratify to the above conventions to prevent disasters93

2.7.2 Deep-water Horizon oil spill of 2010- the Macondo disaster The Deep-water
Horizon rig, (DWHR)owned and operated by offshore-oil-drilling company Transocean and
leased by oil company BP, was situated in the Macondo oil prospect in the Mississippi
Canyon, a valley in the continental shelf.94 The rich variety of flora and fauns found in this
region is an important source of goods and services and supports both formal and informal
sectors of the economy including the tourism industry.95

It is noted that the natural gas traveled up the DWHR’s riser to the platform, where it ignited,
killing 11 workers and injuring 17. The rig capsized and sank on the morning of April 22,
rupturing the riser, through which drilling mud had been injected in order to counteract the
upward pressure of oil and natural gas. Without any opposing force, oil began to discharge
into the gulf.96

It is therefore feared that activities of oil and gas could lead to destruction of habitat for this
diversity, result into water and soil contamination ultimately resulting into plant and life in
the Albertine Graben,

The various cleanup efforts were coordinated by the National Response Team, a group of
government agencies headed by the U.S. Coast Guard and the Environmental Protection
Agency (EPA). BP, Transocean, and several other companies were held liable for the billions
of dollars in costs accrued. Coast Guard cleanup patrols ultimately ended in Alabama,
Florida, and Mississippi in June 2013 and in Louisiana in April 201497.

2.7.3 Oil spills in Nigeria

The spill which the Shell Nigeria Exploration and Production Company (SNEPCO) said
happened during a routine export operation to transfer crude oil from Bonga’s Floating
Production Storage and Offloading (FPSO), has led to the complete shutdown of the
93
marine pollution prevention rules (MARPOL)
94
https://www.britannica.com/event/Deepwater-Horizon-oil-spill accessed on 19/09/2019 at 6:00pm
95
Supra note 18at p,8
96
https://www.amazon.com/Deepwater-Horizon-Systems-Analysis-Disaster/ accessed on 20/09/2019 at 4:00pm
97
https://www.theguardian.com/environment/2014/sep/04/bp-reckless-conduct-oil-spill-judge-rules accessed at 7:00am
24/09/2019

39
company’s 200,000 barrel per day (bpd) Bonga facility, about 120 kilometers off the coast of
the west African nation. 98

The loss accounted for about 35,000 barrels of crude oil on the Niger-Delta marine body,
which is about 1.1 million liters of crude oil spilled into the environment. 99The latest spill,
considered to be one of the worst, in ten years, came four months after a major United
Nations study said it could take Shell and other oil companies 30 years and about $1 billion
to clean up.100

The activities of the National Oil Spill Detection and Response Agency (NOSDRA) are
unclear here, because so far there is nothing to indicate it is living up to its mandate.
Meanwhile, damage caused by oil companies in the course of their activities in Nigeria and
other developing countries appears to get little notice by the international community,
compared to similar situations in other parts of the world.101

Conclusion:The serious environmental damage caused by frequent oil spills and their impact
on human and marine lives made living in the Delta region a harrowing experience. Besides
the health hazards to human lives, farmlands are often destroyed and left unsuitable for
vegetation. 102

CHAPTER THREE

THE LEGAL, INSTITUTIONAL POLICY FRAMEWORKS FOR OIL AND GAS

AND DISASTER MANAGEMENT IN UGANDA

3.0 Legal Frameworksfor Disaster Management in Uganda

3.1 The Constitution of the Republic of Uganda

The 1995 Constitution of the Republic of Uganda makes effective disaster management one
of the key social and economic” objectives of the state. It provides that: “the State shall

98
A. KadafaEnvironmental impacts of oil exploration and exploitation in the Niger Delta of Nigeria
Global Journal of Science Frontier Research Environment & Earth Sciences, 12 (3) (2012), pp. 19-28
99
http://www.aweimagazine.com/article/oil-spill-disaster-in-nigeria-
Nigeria. Environment and Planning C: Politics and Space, 35 (2) (2017), pp. 334-354
100
http://www.aweimagazine.com/article/oil-spill-disaster-in-nigeria-679 accessed on 15th September 2019 at 5:30 pm
101
http://www.aweimagazine.com/article/oil-spill-disaster-in-nigeria-
102

40
institute effective machinery for dealing with any hazard or disaster arising out of natural
calamities or any situation resulting in general displacement of people or serious disruption of
their normal life” 103
The Constitution also makes provision for the declaration of a state of emergency by the
President in consultation with the cabinet, if inter alia, the President is satisfied that the
security or economic life of the country or part of it is threatened by man-made or natural
disasters. It further provides for parliament to make laws that may be necessary for enabling
effective measures to be taken for dealing with any state of emergency that may be
declared.104

The Constitution also provides for the establishment of a Disaster Preparedness and
Management Commission to deal with natural and man-made disasters.105 It mandates
parliament to enact laws to provide for the composition and functioning of this Commission
but at the time of this study this is yet to be done. The provisions of the Constitution are wide
enough to allow parliament to adopt enabling laws for the regulation of international
assistance in case of major disasters.

3.2 The National Disaster Preparedness and Management Policy 2008

This lays down the basic principles, strategies and mechanisms for disaster preparedness and
management in Uganda.
As of the date of this study, the Draft Policy consisted only of very general provisions
regarding international assistance. It notes the “on-going initiatives under the African Union,
IGAD and East African Community” and commits the Office of the Prime Minister to form
partnerships with regional forecast centres.106
It also notes that the “UN, Red Cross and NGOs have tremendous human and material
resources
and expertise” and pledges the government to form partnerships with them as well.107
There have been previous attempts to develop a National Disaster Preparedness Plan as a
working document for the department, but it was abandoned with reason that one should be
developed after the adoption of the policy as the implementation plan.
103
Constitution of the Republic of Uganda (1995), Objective 23
104
bid at art. 110.
105
bid at art. 249.
106
National Disaster , Preparedness and Management Policy, at para. 3.1.7.
107
Ibid at para. 3.1.8

41
3.5 The National Environment Act
The National Environment Act, 9 enacted in 1995, is the framework law on environment. It
provides for sustainable management of the environment and recognized the National
Environment Management Authority (later referred to as NEMA) as the major government
agency for the management of the environment. NEMA is authorized to manage, monitor and
oversee all activities in the field of the environment.
Uganda is a party to any convention or treaty concerning the environment, after the
convention or treaty has been ratified under article 123 of the Constitution, the minister may,
by statutory order, with the approval of parliament by resolution: set out provisions of the
convention or treaty; give the force of Uganda recognizes the need to participate in
International Environmental Law.

The Constitution provides that the president or any other person authorized by the president
may make treaties, conventions, agreements or other arrangements between Uganda and any
international organizations in respect of any matter, and that parliament shall make laws to
govern ratification of any treaty, conventions, agreements or other arrangements. 108law in
Uganda to the convention or treaty or any part of the convention or treaty required to be
given force of law in Uganda; amend any enactment other than the constitution for the
purpose of giving effect to the convention; make such other provisions as may be necessary
for giving effect to the convention or treaty in Uganda, or for enabling Uganda perform its
obligations or exercise its rights under the convention or treaty.109
All treaties in Uganda are ratified according to the procedure laid down by the Ratification of
Treaties Act.110
The Act provides for the following modes of ratification: ratification by cabinet; and
ratification by parliament by resolution where the treaty has the effect of amending the
Constitution, or where the treaty relates to armistice, neutrality or peace.111
There are several laws pertaining to environmental protection for example Uganda Wildlife
Act14sections 15 and 16 of which provide for EIA, audits and monitoring of projects that
may have an impact on wildlife; the Mining Act,15sections 108 to 112 of which require EIA,

108
Constitution of the Republic of Uganda, 1995 article 123.
109
National Environment Act, Cap. 153 section 106(1)
110
Cap 204 Laws of Uganda 2000
111
See section 2 thereof

42
environmental audit, environmental protection standards, environmental restoration plans and
environmental performance bonds in accordance with the National Environment Act; and the
Local Government Act,16the second schedule of which outlines environmental management
areas for which district councils are responsible112

3.6 The Uganda Red Cross Act

As noted above, this study has been carried out using the IDRL Guidelines as its primary
analytical lens. The IDRL Guidelines were unanimously adopted by the state parties to the
Geneva Conventions at the 30th International Conference of the Red Cross and Red Crescent
in November 2007. National Red Cross Society in the territory of Uganda. It specifies the
special status of the Society as auxiliary to the public authorities in the humanitarian field. As
a result, it is expected that the Uganda Red Cross Society will play a key role in disaster
preparedness and response. However, the Draft Disaster Policy does not currently incorporate
that role in its discussion of the national disaster management institutional framework.113

3.7 The Refugees ACT 2006

This Act was assented on 24thMay, 2006 to cater for both single and mass influx of asylum
seekers due to displacement from their places of origin by numerous disasters. The Act puts
in place an Office of Refugees to cater for all administrative issues that affects refugees in
Uganda,

3.8 The National Environmental Action Plan (NEAP) and the National Environment
Management Policy (NEMP).
The Government of Uganda developed a National Environment Action Plan (NEAP) IN
1991-1994 The NEAP outlined an agenda for addressing loopholes in environment
administration as well as a plan for assimilating environment into the state socio-economic
growth .Some of the consequences of the NEAP was the design of the National Environment
Management Policy (NEMP) of 1994.
112
Quest Journal of Research in Humanities and Social Science Volume 6 ~ Issue 10 (2018) pp.: 51-58ISSN
www.questjournals.org accessed on 12/02/20
113
Guidelines for the Domestic Facilitation and Regulation of International Disaster Relief and Initial
RecoveryAssistAssisance( hereinafter, “IDRL Guidelines”), Res. 4, 30thInternational Conference of the Red Cross and Red
Crescent, 2007, available at www.ifrc.org/idrl.

43
3.9 The Uganda Citizenship and Immigration Control Act
This law provides, inter alia, for the regulation and control of aliens in Uganda. An” alien” is
defined to mean any person who is not a citizen of Uganda. This law is there-fore directly
relevant to the regulation and control of international responders coming into Uganda to aid
in the aftermath or during a disaster occurrence
The importation and distribution of all drugs in the country is regulated and controlled by this
statute. It sets up the regulatory body, the National Drug Authority, which licences and
approves any drugs that may be imported and used in the country. The Authority also carries
out inspections of all drugs coming into the country to monitor compliance with quality
standards and to ensure that measures are in place to guarantee the appropriate use of drugs in
the country. This law is therefore relevant to the importation and use of medications in the
aftermath of a disaster.

3.10 The Civil Aviation Authority Act

Major relief operations often require especially speedy air transport of relief personnel, goods
and equipment. Those flights would be governed by the Civil Aviation Authority pursuant to
this Act. The law requires the Civil Aviation Authority to carry out its functions in a manner
consistent with the Chicago Convention of Civil Aviation relating to international standards
and recommended practices. As noted below, Annex 9 of that Convention includes specific
procedures for disaster situations.

3.2.2 The Petroleum (Exploration, Development and Production) Act (2013)

This is one of the newest legislations in the field of oil and gas. It was enacted basically to
regulate the upstream sector and aims at the following: giving effect to article 244 of the
constitution of Uganda; regulating petroleum exploration, development and production;
establishing the petroleum authority of Uganda; providing for the establishment of the
national oil company of Uganda; and regulating the licensing and participation of commercial
entities in petroleum activities.114

The Mining Act (2003)

114
Long title to the Act

44
The Act was intended to repeal and replace the old Mining Act cap. 248 with a new
legislation on mining and mineral development which conforms, and otherwise gives effect,
to the relevant provisions of the Constitution; vest control and ownership of all minerals in
Uganda in the Government; provide for the acquisition of mineral rights and other related
matters.115
The Act requires every holder of an exploration license or a mining lease to carry out an
environmental impact assessment of his or her proposed operations in accordance with the
provisions of the National Environment Act, Cap 153.116

The Act further aims at providing for an open, transparent and competitive process of
licensing; creating a conducive environment for the promotion of exploration, development
and production of Uganda’s petroleum potential; providing for efficient and safe petroleum
activities and decommissioning of infrastructure; providing for the payment of royalties
arising from petroleum activities; providing for the conditions for the Procedure) Rules, for a
court order compelling the respondent, a manufacturer of “dangerous products‟(cigarettes), to
fully and adequately warn consumers of the health risks associated with its products.
In Green watch V AG and NEMA 117, highlighted that the respondent had a mandatory duty
under section 3 of the National Environment Act No 4 OF 1995,
In the same vein, oil exploration will significantly affect t the ecosystem in the region
surrounded and in the same note , oil companies have to therefore ensure that mitigation
measure are put in place lest they face strict liability for pollution118

119
In Green Watch V AG and NEMA highlighted that the respondent had a mandatory
duty under section 3 of the National Environment Act No 4 OF 1995, to ensure that the
principles of enviromemtalmamagement are observed a
Although the order was ultimately denied, the court did confirm the locus standi of the
applicant, that Article 50(2) enabled individuals to bring public interest matters to court on
behalf of those who were not in a position to do so. The major purpose of this Act is to
operationalize the National Oil and Gas Policy and to achieve this many strategic approaches
are identified:120 establishing an effective legal framework and institutional structures to
115
Long title to the Act
116
Sections 43 and 108
117
Misc .App. No 140 of 2002, LameckN.Mukasa.J.
118
Section127(1) of the OEDP ACT OF 2013
119
Misc .App. No 140 of 2002, LameckN.Mukasa.J.
120
Section 1

45
ensure that the exploration, development and production of petroleum resources is carried out
in a sustainable manner that guarantees optimum benefits for all Ugandans, both the present
and future generations and creating a conducive environment for the efficient management of
petroleum resources.

The other strategic approaches include the establishment of institutions to manage the
petroleum resources and regulate petroleum activities; regulate petroleum activities, including
licensing, exploration, development, production and cessation of activities or
decommissioning; ensure public safety and protection of public health and the environment in
oil activities; support the development of state participation and national content in the
petroleum industry and ensure transparency and accountability in all activities regulated
under the Act.121

The Act calls upon all actors to carry on their operations in compliance with environmental
principles. In this vein, a licensee or any other person who exercises or performs functions,
duties or powers under the Act in relation to petroleum activities shall comply with
environmental principles and safeguards prescribed by the NEA and other applicable laws.122
Accordingly, a person who carries on the production, transportation, storage, treatment or
disposal of waste arising out petroleum activities without a license or fails to comply with the
conditions prescribed in the license commits an offence and is liable on conviction to a fine
not exceeding one hundred thousand currency points (2 Billion Uganda Shillings) or
imprisonment for a term not exceeding ten years or both.

The Act also mandates the NEMA to make regulations for the management of production,
transportation, storage, treatment and disposal of waste arising out of petroleum activities.
These regulations shall prescribe, in case of contravention, penalties not exceeding a fine of
five thousand currency points or imprisonment for a term not exceeding ten years or both,
and may also prescribe that the court which convicts the person shall order the forfeiture of
anything used in the commission of the offence.

These regulations shall have to first be laid before parliament for approval. A person shall
not be granted a petroleum production licensee unless their development plan takes proper

121
Ibid.
122
Section 3

46
account of best petroleum industry practices and safety factors. 123 This is however largely
vague because the Act does not satisfactorily define what amounts to best petroleum industry
practices‟.124The petroleum production licensee granted under the Act must expressly require
the licensee to undertake Environmental Impact Assessment prior to commencing production
activities.125 The minister is also empowered to make regulations relating inter alia to the
conservation and prevention of the waste of natural resources, whether petroleum or
otherwise, and the carrying out of environmental impact assessments for that purpose126

3.3.3 The Petroleum (Refining, Conversion, Transmission and Midstream Storage)

Act (2013)
This is so far the latest legislation in the field of oil and gas. The Act aims to give effect to
article 244 of the constitution; regulate, manage, coordinate and monitor midstream
operations; enable the construction, placement and ownership of facilities; provide for third
party access to facilities; regulate tariffs for facilities; provide for an open, transparent and
competitive process for licensing; provide for additional and particular health, safety and
environmental regulations not sufficiently regulated in other laws; provide for cessation of
midstream operations and decommissioning of facilities and to regulate other matters related
to midstream operations.127

The purpose of the Act is also to operationalize the Oil and Gas Policy and this is to be done
by: establishing an effective legal framework to ensure that midstream operations are carried
out in a sustainable manner that guarantees optimum benefits for all Ugandans, both the
present and future generations; ensuring public safety and protection of public health and the
environment in relation to midstream operations and promoting state participation and
national content in midstream operations.128

The Act calls upon licensees or any person exercising or performing functions, duties or
powers there under to take into account and comply with environmental principles prescribed
123
Section 74(1) (b)
124
The Act merely defines „best petroleum industry practices‟ to mean the best available practices that are generally
accepted as good, safe, transparent and efficient in carrying out petroleum activities and that can be applied globally under
similar circumstances, something which leaves a lot to be desired since environmental compliance is best achieved through
strong local regulation.
125
Section 76(1)(f)
126
Section 183(3)(f)
127
Long title to the Act
128
Section 1

47
in the NEA and other applicable laws. The licensee should ensure that the management of
transportation, storage, treatment or disposal of waste arising out of midstream operations is
carried out in accordance with environmental principles and safeguards prescribed under the
NEA and applicable laws. For these purposes, a licensee shall contract a separate entity
although the licensee shall remain responsible for the activities of the entity so contracted.

The NEMA in consultation with the Oil Authority of Uganda may grant a license to an entity
contracted by the licensee upon such conditions as deemed fit by the NEMA, for the
management of transportation, storage, treatment or disposal of waste arising out of
midstream operations and it is an offence for any such contracted entity to operate without
license.

The NEMA is mandated to make regulations for the management of midstream operations
and disposal of waste.129 The Act prohibits venting and flaring of gases. Gas venting means
the release of gases to the atmosphere whereas flaring means combustion of hydrocarbons
without application of the resulting heat or gases for any useful purposes. 130All this is done to
safe guard the environment from possible risks which may result into disaster

Section.38 which provides that a licensee is not allowed to flare or vent petroleum in excess
of the quantities needed for normal operational safety without the approval of minister on the
advice of the Oil Authority.131 All facilities in the midstream stage should be planned and
constructed in such way to avoid gas flaring or venting under normal operating conditions.
Hence, any disposal of gases by flaring or venting for normal operational safety should be
with consent in writing, of the Authority, where it is necessary for the safety of midstream
operations or necessary to comply with a requirement imposed by or under any law in
Uganda, or in case of an emergency

Even where flaring or venting is done without consent as an emergency, the licensee should
ensure that the flaring or venting is kept at the lowest possible level, and submit a technical
report to the authority detailing the nature and circumstances that caused the emergency

129
Section 3
130
Section 2
131
The Oil Authority of Uganda is established under s.9 of the Petroleum (EDP) Act, 2013 above.

48
situation, and it is an offence for any licensee who fails to submit the technical report to the
authority or keep the flaring or venting at the lowest possible levels.

Section 43 requires the licensee to submit a decommissioning plan before the license expires
or is surrendered, or before the use of the midstream facility is terminated permanently. The
plan, except where the authority consents or directs otherwise, shall be submitted at the
earliest four years or latest two years before the time when the use of a facility is expected to
be terminated permanently. The plan shall contain proposals for continued operation or shut
down of the midstream facility and decommissioning of such facilities and any other
information prescribed by regulations. Decommissioning may constitute further use of the
facilities in the midstream operations, other uses, complete or part removal and disposal or
abandonment. The plan should therefore contain the information and evaluations deemed
necessary in order to enable the minister make an appropriate direction under section 46.
Section 43 empowers the minister to establish a Decommissioning Fund to cater for the
cessation of all midstream operations. Part XI makes provisions for public access to
information and documentation.

3.3.4 The Petroleum Supply Act (2003)

This Act makes provisions for the protection of public safety and the environment. It requires
the Commissioner to develop and implement or cause the implementation of a programme of
gradual adoption and adaptation of the prevailing international standards, technical
specifications and codes of practice in relation to the petroleum supply industry in co-
operation with the National Bureau of Standards and the Committee. It further provides that
the standards, specifications and codes of practice as established by the standards developing
organizations which are recognized by the International Petroleum Industry (IPI) in matters
of quality, industrial safety and environmental protection should be adopted by the Uganda
National Bureau of Standards (UNBS) by reference and declared as national standards.

The purpose of this Act is to provide for the supervision and monitoring, the importation,
exportation, transportation, processing, supply, storage, distribution and marketing of
petroleum products; to provide for the establishment of the Minister responsible for the
petroleum sector as the regulatory authority, to provide for the licensing and control of
activities and installations, for the safety and protection of public health and the environment

49
in petroleum supply operations and installations; to encourage and protect fair competition in
the petroleum supply market; to repeal certain related laws; and to provide for connected
matters.

3.3.5 The Petroleum (Refining, Conversion, Transmission and Midstream Storage)

Act, 2013,a close analysis of the latter renders the former redundant accordance with the
UNBS Act after being adapted as necessary taking into account the socioeconomic realities
of the petroleum products market in Uganda.
These were made under the Petroleum (Exploration and Production) Act, Cap. 150 (now
repealed) but they were saved to remain in force in so far as they are not inconsistent with the
repealing Act, until they are revoked by a statutory instrument made under the repealing
Act.132

The regulationsprovide for pollution prevention during exploration. According to Regulation

51(1), in carrying out exploration, development and production operations and the
transportation of oil and gas, the license holder and his operator should operate in a manner
that ensures the prevention of pollution of the environment. The Regulations also restrict
onshore operations.

Thus Regulation 35 bars the construction of a fixed platform in a licensed area unless there
is consent of the Commissioner.
Under Regulation 36, an application for the consent of the Commissioner to the construction
or installation of a fixed platform should be made in writing and should state among others
the location at which it is intended to construct or install the fixed platform; the reasons,
including the geological evidence, for the selection of that location; be accompanied by
copies of reports and recommendations made by persons responsible for ascertaining the
criteria determining the design; state particulars of the depth of the lake and the nature of the
lake bed and sub-soil at that location. The Regulations also control disposal of waste material.

Under Regulation 51 (2), in the disposal of any waste material, a license holder should not
create any conditions which may adversely affect public health, life, property, aquatic life,
wildlife or vegetation. The Regulations further require that before drilling operations are
commenced in any licensed area, the person-in-charge should submit, for approval by the
132
Section 189 of the Petroleum Exploration, Development and Production) Act, 2013

50
Commissioner, a description of procedure, personnel, equipment and materials that will be
used in reporting, cleanup, and prevention of the spread of any pollution resulting from
exploration or development activities.

Under Regulation 56 also bar the disposal of drilling mud into any lake, river, stream, pond
or other water body. Under Regulation 56(2), produced water may be disposed into an
operating area after satisfying, with the commissioner’s approval, that the oil content of
produced waters discharged from offshore platforms has been reduced to an average of not
more than 10 mg/l during normal operation.
Regulation 59(1) stipulates that all spills of oil and liquid pollutants and all other instances of
pollution occurrences should be immediately reported orally to the Commissioner and should
be confirmed in writing.
Regulation 61(1) prohibits any person to import explosives without a license into Uganda for
use in petroleum operations. The Regulations make provisions regarding safety issues.
Regulation 85(1) requires the operator to prepare a manual of instructions for safety in
operations and draw it to the attention of every person who is about to be engaged in, or
concerned with, the carrying out of operations or the execution of works in any licensed area.
The Regulations further cover health issues.
Regulation105 (1) requires the person-in-charge to provide or cause to be provided and
maintained on all platforms and all vessels such First Aid equipment and facilities as may be
required in each case by the Commissioner.
Regulation 112 further requires that all confined areas where operations could lead to the
emission and accumulation of explosive mixtures or toxic gases should be provided with
suitable means of ventilation and with a continuous ventilation monitoring system approved
by the commissioner which should be fitted with an audible warning device.
Regulation 114 requires that at appropriate distances from every place where gases such as
hydrogen sulphide are or could be a hazard, the person-in-charge should cause to be
displayed suitable signs warning of the presence of the gases and any person observed
approaching that place should be warned of the danger that exists.
Regulation 115 is to the effect that, the exhaust gases from engines or motors or devices
using gas in place of steam or air to operate pumps and other power-driven equipment should
be discharged in a direction and location where they will not create a health hazard to any
person.

51
3.3.6. The Mining Act (2003)
The Act was intended to repeal and replace the old Mining Act cap. 248 with a new
legislation on mining and mineral development which conforms, and otherwise gives effect,
to the relevant provisions of the Constitution; vest control and ownership of all minerals in
Uganda in the Government; provide for the acquisition of mineral rights and other related
matters.133
The Act requires every holder of an exploration license or a mining lease to carry out an
environmental impact assessment of his or her proposed operations in accordance with the
provisions of the National Environment Act, Cap 153.134

3.5 Occupational Safety and Health Act (2006)

The Act was intended to consolidate, harmonize and update the law relating to occupational
safety and health; repeal the Factories Act Cap.220 and provide for connected matters. 135 The
Act makes provisions for the protection of the health, safety and welfare, and provision of
appropriate training of persons employed in work places. Section 18 (1) of the Act requires
the employer to monitor and control the release of dangerous substances into the
environment.
Thus where there is major handling of chemicals or any dangerous substance which is liable
to be airborne or to be released into rivers or lakes or soil and which are a danger to the
animal and plant life, it shall be the duty of the concerned employer to arrange for equipment
and apparatus to monitor the air, soil, and water pollution and to arrange for the actual
monitoring of these mediums, with a view of rendering them safe from the dangerous
undertaking. Subs. (2) states that the records of monitoring in subsection (1) shall be kept and
made available to the inspector. These provisions are applicable to all Oil Companies and
Mining Companies in respect of Oil and Gas exploration and mining because of the danger
they expose to the environment and human safety.

3.7 The Land Act Cap. 227

The Land Act is the main law dealing with land management in Uganda. As such it has
implications for oil and gas activities and the right to clean and healthy environment.

133
Long title to the Act
134
Sections 43 and 108
135
Long title

52
Section 43 requires that any person who owns or occupies land manages and utilizes it in
accordance with the existing environmental laws such as the Forests Act, the Mining Act, the
National Environment Act, the Water Act and the Uganda Wildlife Act. It also requires that
environmentally sensitive areas are protected in trust and for the common good of the people
of Uganda.
Section 44 reserves all the water rights any natural spring, river, stream, watercourse, pond,
or lake on or under land, whether alienated or alienated, to the Government of Uganda
therefore such water can be obstructed, dammed, diverted, polluted or otherwise interfered
with, directly or indirectly, except with the permission in writing granted by the Minister
responsible for water or natural resources. This provision restricts carrying out of oil
activities around natural water resources

The foregoing review indicates that Uganda has quite a number of laws which have
significant implications for environmentally sound oil and gas exploration and production.
However, there is a cross-cutting general weakness in all these laws. The punishments/fines
prescribed for noncompliance are not deterrent enough to effectuate compliance under the
deterrence theory.

Regulatory policy frame Work for 0il and Gas Exploration in Uganda

3.3 The National Policy for Internally Displaced Persons 2004

Between 1.7 and 2 million people are estimated to have been displaced by the Lord’s
136
Resistance Army (LRA) armed conflict in northern Uganda since 1986.27 Further the
placement has resulted from the Allied Democratic Forces (ADF) insurgency in western
Uganda and Karamoja in eastern Uganda and others through natural disasters such as floods
and mudslides in other parts of the country. This policy was developed in August 2004 to
address the needs of those displaced within the country, either by wars (like the conflict with
the LRA) or by natural disasters. The policy’s objectives are to minimize internal
displacement and its effects by providing an enabling environment for upholding rights and
entitlements to affected persons. It aims at promoting integrated and coordinated response

136
Uganda National Policy for Internally Displaced Persons (2004), at 1.27 Background to the National and Regional Laws
and Policies on Internal Displacement Uganda
2004 at 1, Francis M.Deng, “Special Groups and Individuals, mass exoduses and internally displaced persons”, available at
http://daccess-dds-ny.un.org/doc.pdf?OpenElement page 2.

53
mechanisms and addresses both the causes and effects of displacement. The policy is also
meant to guide the development of sectorial programs for recovery through rehabilitation and
reconstruction of social and economic infrastructure in support of the return and resettlement
of the internally displaced.

3.4 The Department of Disaster Preparedness and Management in the Office of the
Prime
Minister is the lead agency for the protection and assistance of the internally displaced
persons137
The policy provides for multi sectorial planning mechanisms to be established at the
National, District and Sub-County level to address the protection and provision of
humanitarian assistance to internally displaced persons.138Provisions in the policy include the
acquisition of property for the well-being of the internally displaced, 139development of a
database, the recognition of the right to voluntary return and community involvement in land
identification and distribution.
This policy provides a clear operational framework for disaster response including
international response.

3.2.1 The Energy Policy (2002)

In order to achieve the above objective Government will adopt the following strategies:
encourage competition within the energy markets to achieve efficiency; attract investments in
energy services provision by providing appropriate incentives; ensure energy supply security
and reliability and promote energy trade within the region. Most importantly, the policy seeks
to manage energy-related environmental impacts.
Government will ensure that environmental considerations are given priority by energy
suppliers and users to protect the environment and put in place a monitoring mechanism to
evaluate compliance with established environmental protection guidelines.

137
Ibid at section 2.2
138
Ibid at section 2.2.
139
Ibid at section 2.1.1.

54
3.4 International Instruments of Disaster Management and Preparation
International law is a system of principles, rules and practices that govern relationships
between states and other internationally recognized problems. International environmental
law therefore encompasses the corpus of international law relevant to environmental issues. It
is a body of international law that concerns the protection of the global environment.
Therefore, the aim of this chapter is to discuss the international and regional environmental
law compliance requirements (binding and non-binding) and their importance to the oil
industry in Uganda in prevention and managing disasters
As noted above, this study has been carried out using the IDRL Guidelines as its primary
analytical lens. The IDRL Guidelines were unanimously adopted by the state parties to the
Geneva Conventions at the 30th International Conference of the Red Cross and Red Crescent
in November 2007.140
Uganda participated in that conference and joined in the resolution adopting the Guidelines
and encouraging states to use them. In addition, Uganda is a party to several treaties that are
relevant to international disaster assistance. As described in more detail below, however, not
all of these treaties have been “domesticated” into national law. In other words, although
Uganda is legally bound to abide by them, it has not yet taken the necessary steps to
implement that obligation in its domestic legislation. For the purposes of this study, the
following treaties have been examined:

3.4.1 The Tampere Convention on the Provision of Telecommunication Resources for

Disaster Mitigation and Relief Operations
The Tampere Convention is a treaty aimed at facilitating the importation and use of
telecommunication resources and assistance for disaster mitigation and relief. It establishes
an international framework for states to cooperate among themselves and with non-state
entities and intergovernmental organisations with respect to the telecommunications element
of a relief operation. It calls on states to facilitate the provision of prompt telecommunication
assistance to mitigate the impact of disasters by removing all the regulatory barriers that
impede the use of telecommunications such as licensing and restrictions on the import of
telecommunication equipment. Uganda ratified.
140
Guidelines for the Domestic Facilitation and Regulation of International Disaster Relief and Initial
RecoveryAssistAssisance( hereinafter, “IDRL Guidelines”), Res. 4, 30thInternational Conference of the Red Cross and Red
Crescent, 2007, available at www.ifrc.org/idrl.

55
3.4.2 Tampere Convention on the 5th of September 2002.
Some of the provisions of Uganda’s telecommunication laws are already in line with the
Tampere Convention as they allow for the waiver of license requirement in times of
emergency. Other provisions, such as those related to the importation of Telecommunications
equipment, have not been incorporated domestically. The International Convention on the
Simplification and Harmonization of Customs Procedures

3.4.3 The Kyoto Convention

Uganda is a party to the International Convention on the Simplification and Harmonization of
Customs Procedures (“Kyoto Convention”) of 1974, which was revised in 1999. Specific
Annex J.5 of the Kyoto Convention (which Uganda has also accepted) includes provisions
concerning how to expedite the import, export and transit relief consignments. These
provisions specifically address clearance of relief consignments as a matter of priority,
examination and sampling of goods only in exceptional circum-stances, waiving of import
prohibitions and restrictions. Some provisions in Uganda’s custom laws are in line with the
requirements of Specific Annex J.5, such as the exemption of relief goods from import duty.
However, other aspects of the custom laws need to be amended to bring them into conformity
with all the provisions of the Annex

3.4.4 The Convention on International Civil Aviation (“Chicago Convention”)

Uganda is a party to the Convention on International Civil Aviation (Chicago

Convention of 1944), the main international treaty regulating civilian flights. Art 9 of the
Chicago Convention calls for specific facilities to be provided to speed the entry of
humanitarian relief flights, as well as their crew and cargo.

3.4.5 The Agreement Establishing IGAD

The Inter -governmental Authority on Drought and Development was formed in 1986
By the governments of Djibouti, Eritrea, Somalia, Ethiopia, Sudan and Uganda for the
purpose of decreasing cross-border problems of drought and desertification. In 1996, it was
reborn as the Intergovernmental Authority on Development (IGAD) and its man date
expanded to include conflict resolution. Article 13 A of the IGAD Establishing Agreement

56
commits members to respect the fundamental and basic rights of the peoples of the region to
benefit from emergency and other forms of humanitarian assistance and to facilitate the
movement of food and emergency supplies in the event of man-made or other disasters. 141

3.4.6 The Hyogo Framework for Action 2005-2015

In addition to legally binding agreements, Uganda has joined a number of other non-binding
international standards such as the Hyogo Framework for Action, adopted in 2005 as a 10-
year strategy to reduce vulnerabilities to natural hazards. The Hyogo Framework assists the
efforts of nations and communities to become more resilient to, and cope better with hazards
that threaten their development gains. The HFA offers 5 key priorities for action for
achieving disaster resilience for vulnerable communities in the context of sustainable
development. The priorities are:
Ensure that disaster risk reduction is a national and a local priority with a strong institutional
basis for implementation, Identify, assess and monitor disaster risks and enhance early
warning
Use knowledge, innovation and education to build a culture of safety and resilience
Reduce the underlying risk factors. Strengthen disaster preparedness for effective response at
all levels.

3.4.7 The Stockholm Declaration (1972)

Stockholm principles were adopted at the United Nations Conference on the Human
Environment, at Stockholm (5th-16thJune 1972). The conference was convened due to the
need for a common outlook and for common principles to inspire and guide the peoples of the
world in the preservation and enhancement of the human environment.142
The Declaration lays a number of principles relevant to the oil and gas exploration processes
in Uganda. These principles provide guidance ranging from integrated planning, access to
information and citizen involvement, application of environmentally sound technologies in
oil exploration and production, control of pollution and the need to cater for future
generations.

According to the declaration, man is both creature and molders of his environment, which
gives him physical sustenance and affords him the opportunity for intellectual, moral, social

141
http://resilience.igad.int/attachments/article/231/IGAD Platform for Drought Resilience and Sustainability
142
Stockholm Declaration, 1972, Preamble

57
and spiritual growth. In the long and tortuous evolution of the human race on this planet a
stage has been reached when, through the rapid acceleration of science and technology, man
has acquired the power to transform his environment in countless ways and on an
unprecedented scale. Both aspects of man's environment, the natural and the man-made, are
essential to his well-being and to the enjoyment of basic human rights the right to life itself.143

The protection and improvement of the human environment is a major issue which affects the
well-being of peoples and economic development throughout the world; it is the urgent desire
of the peoples of the whole world and the duty of all Governments.144

It is recognized that man has experience and goes on discovering, inventing, creating and
advancing. In our time, man's capability to transform his surroundings, if used wisely, can
bring to all peoples the benefits of development and the opportunity to enhance the quality of
life. Wrongly or heedlessly applied, the same power can do incalculable harm to human
beings and the human environment. We see around us growing evidence of man-made harm
in many regions of the earth: dangerous levels of pollution in water, air, earth and living
beings; major and undesirable disturbances to the ecological balance of the biosphere;
destruction and depletion of irreplaceable resources; and gross deficiencies, harmful to the
physical, mental and social health of man, in the manmade environment, particularly in the
living and working environment.145

In the developing countries most of the environmental problems are caused by under-
development. Millions continue to live far below the minimum levels required for a decent
human existence, deprived of adequate food and clothing, shelter and education, health and
sanitation. Therefore, the developing countries must direct their efforts to development,
bearing in mind their priorities and the need to safeguard and improve the environment.146

For the purpose of attaining freedom in the world of nature, man must use knowledge to
build, in collaboration with nature, a better environment. To defend and improve the human
environment for present and future generations has become an imperative goal for mankind-a
goal to be pursued together with, and in harmony with, the
143
Ibid, article 1
144
Ibid, article 2
145
Ibid, article 3
146
Ibid, article 4

58
Established and fundamental goals of peace and of worldwide economic and social
development.147

International cooperation is also needed in order to raise resources to support the developing
countries in carrying out their responsibilities in this field. The Conference called upon
Governments and peoples to exert common efforts for the preservation and improvement of
the human environment, for the benefit of all the people and for their posterity.148

Accordingly, the declaration lays down the following principles: Man has the fundamental
right to freedom, equality and adequate conditions of life, in an environment of a quality that
permits a life of dignity and well-being, and he bears a solemn responsibility to protect and
improve the environment for present and future generations;149
Natural resources of the earth, including the air, water, land, flora and fauna and especially
representative samples of natural ecosystems, must be safeguarded for the benefit of present
and future generations through careful planning or management, as appropriate; 150 capacity of
the earth to produce vital renewable resources must be maintained and, wherever practicable,
restored or improved;151 and man has a special responsibility to safeguard and wisely manage
the heritage of wildlife and its habitat, which are now gravely imperiled by a combination of
adverse factors. Nature conservation, including wildlife, must therefore receive importance in
planning for economic development.152

The non-renewable resources of the earth must be employed in such a way as to guard against
the danger of their future exhaustion and to ensure that benefits from such employment are
shared by all mankind;153 discharge of toxic substances or of other substances and the release
of heat, in such quantities or concentrations as to exceed the capacity of the environment to
render them harmless, must be halted in order to ensure that serious or irreversible damage is
not inflicted upon ecosystems.154

147
Article 6
148
Article 7
149
Principle 1
150
Principle 2
151
Principle 3
152
Principle 4
153
Principle 5
154
Principle 6

59
 States shall take all possible steps to prevent pollution of the seas by substances that are
liable to create hazards to human health, to harm living resources and marine life, to damage
amenities or to interfere with other legitimate uses of the sea;155

Economic and social development is essential for ensuring a favorable living and working
environment for man and for creating conditions on earth that are necessary for the
improvement of the quality of life; 156 and environmental deficiencies generated by the
conditions of under-development and natural disasters pose grave problems and can best be
remedied by accelerated development through the transfer of substantial quantities of
financial and technological assistance as a supplement to the domestic effort of the
developing countries and such timely assistance as may be required.157
In order to achieve a more rational management of resources and thus to improve the
environment, States should adopt an integrated and coordinated approach to their
development planning so as to ensure that development is compatible with the need to protect
and improve environment for the benefit of their population; 158 rational planning constitutes
an essential tool for reconciling any conflict between the needs of development and the need
to protect and improve the environment;159 planning must be applied to human settlements
and urbanization with a view to avoiding adverse effects on the environment and obtaining
maximum social, economic and environmental benefits for all. In this respect projects which
are designed for colonialist and racist domination must be abandoned.160

Appropriate national institutions must be entrusted with the task of planning, managing or
controlling the nine environmental resources of States with a view to enhancing
environmental quality.161. It is also essential that mass media of communications avoid
contributing to the deterioration of the environment, but, on the contrary, disseminates
Information of an educational nature on the need to project and improve the environment in
order to enable mal to develop in every respect.162

155
Principle 7
156
Principle 8
157
Principle 9
158
Principle 13
159
Principle 14
160
Principle 15
161
Principle 17
162
Principle 19

60
States have, in accordance with the Charter of the United Nations and the principles of
international law, the sovereign right to exploit their own resources pursuant to their own
environmental policies, and the responsibility to ensure that activities within their jurisdiction
or control do not cause damage to the environment of other States or of areas beyond the
limits of national jurisdiction.163

3.4.8 The Rio Declaration (1992)164

In the view of the UN General Assembly, human beings are at the center of concerns for
sustainable development and they are entitled to a healthy and productive life in harmony
with nature.165 States have in accordance with the UN Charter and principles of international
law, the sovereign right to exploit their own resources pursuant to their own environmental
and developmental policies and the responsibility to ensure that the activities within their
jurisdiction don’t cause danger to other states or areas beyond the limits of national
jurisdiction.166

In order to achieve sustainable development, environmental protection should constitute an

integral part of the development process and should not be considered in isolation of it.167

According to the Declaration, environmental issues are best handled with the participation of
all concerned citizens at the relevant level. At the national level each individual should have
appropriate access to information concerning the environment that is held by public
authorities including information on hazardous materials and activities in their communities
and the opportunity to participate in decision making processes. States should facilitate and
encourage public awareness and participation by making information widely available.168

In addition, there should be provided effective access to judicial and administrative

proceedings including redress and remedy.169 States are also called upon to enact effective

163
Principle 21
164
A/CONF.151/26 (Vol.1), the Rio Declaration is one of the most important international environmental law instruments. It
was passed in the 1992 UN International Conference on Environment and Development held in Brazil‟s capital, Rio de
Janeiro (August 12th 1992). It lays down a matrix of principles of environmental protection and sustainable development
which are so vital for the oil industry.
165
Principle I
166
Principle II
167
Principle IV
168
Principle X
169
Ibid.

61
environmental legislation, and the environmental standards, management objectives and
priorities should reflect the environment and development context to which they apply.
This is because standards applied by some countries may be inappropriate and of
unwarranted economic and social cost to other countries especially developing countries.170

Regarding compensation, states are called upon to develop national law regarding liability
and compensation for victims of pollution and other environmental damage. 171
About trans boundary pollution, states are duty bound to effectively cooperate and discourage
or prevent the relocation and transfer to other states of any activities and substances that
cause severe environmental degradation or are found to be harmful to human health.172

In order to protect the environment, the precautionary approach should be widely applied by
countries according to their capabilities such that where there are threats of serious
irreversible environmental damage, lack of full scientific certainty should not be used as a
reason for postponing cost-effective measures to prevent environmental degradation.173

National authorities should endeavor to promote the internalization of environmental costs

and the use of economic instruments, considering the approach that the polluter shall in
principle bear the cost of pollution, with due regard to the public interest and without
distorting international trade and investment.174
Most importantly, Environmental Impact Assessment as a national instrument should be
undertaken for proposed activities that are likely to have a significant adverse impact on the
environment, being subjected to a decision of a competent national authority.175

3.4.9 The Johannesburg Declaration (2002)176

This declaration was adopted at the World Summit on Sustainable Development in
Johannesburg, South Africa (2nd to 4th September 2002). The summit was intended to
reaffirm the world’s commitment to sustainable development.177

170
Principle XI
171
Principle XIII
172
Principle XIV
173
Principle XV
174
Principle XVI
175
Principle XVII
176
United Nations A/CONF.199/20
177
Preamble

62
The importance of this declaration to oil activities in Uganda is that it lays down principles of
sustainable development which should inform the management of Uganda’s oil and gas
resources and proceeds there from. In fact this is one of the key pillars encapsulated in the
National Oil and Gas Policy, 2008.
Accordingly, the declaration recognizes that the future belongs to the children of the world
and thus there is a need to ensure that through our actions they will inherit a world free of the
indignity and indecency occasioned by poverty, environmental degradation and patterns of
unsustainable development.178

There is an urgent need to create a new and brighter world of hope. 179 Hence there is need to
assume a collective responsibility to advance and strengthen the interdependence and
mutually reinforce pillars of sustainable development economic development, social
development and environmental protection - at the local, national, regional and global
levels.180

To achieve such development, they adopted the global programme entitled Agenda 21 and
the Rio Declaration on Environment and Development, to which we reaffirm commitment.
The Rio Conference was a significant milestone that set a new agenda for sustainable
development.181

It recognizes that poverty eradication, changing consumption and production patterns and
protecting and managing the natural resource base for economic and social development are
overarching objectives of, and essential requirements for sustainable development.182

There is need to check all development activities which an impact on the environment
because according to the delegates, the global environment continues to suffer. Loss of
biodiversity continues, fish stocks continue to be depleted, desertification claims more and
more fertile land, the adverse effects of climate change are already evident, natural disasters
are more frequent and more devastating, and developing countries more vulnerable. That in
fact air, water and marine pollution continue to rob millions of a decent life.183
178
Article 3
179
Article 4
180
Article 5
181
Article 8
182
Article 11
183
Article 13

63
3.4.10 The Rio Declaration (2012)184
This declaration originates from an Annex to the note verbal dated 27 June 2012 from the
Permanent Mission of Chile to the United Nations, addressed to the Secretary-General of the
United Nations Conference on Sustainable Development. It is a Declaration on the
application of Principle 10 of the Rio Declaration on Environment and Development,
championed by the Governments of Chile, Costa Rica, Dominican Republic, Ecuador,
Jamaica, Mexico, Panama, Paraguay, Peru and Uruguay.

The declaration thus affirms that to comply with this Principle, States should facilitate and
promote education, awareness-raising and public participation by making information widely
available and providing effective access to the proceedings outlined above. It also recognizes
and affirms that the rights of access to information, participation and justice regarding
environmental issues are essential for185

Environmental challenges faced on a national, regional and global level require far more
concerted, proactive and effective action from the government, civil society, international
community and organizations with willingness to explore in detail various ways to enhance
the exercise of principle 10 rights with the active involvement of the key stakeholders and
society as a whole.186
Therefore, bearing in mind that the United Nations Conference on Sustainable Development
calls for firm political will to enable us to face existing and emerging challenges, it is
declared that: commitments must be made to ensure the full exercise of rights of access to
information, participation and justice regarding environmental issues as enshrined in
accordance with Principle 10 of the Rio Declaration of 1992.187

Indeed, Uganda has ratified a number of binding international and regional environmental
law conventions and treaties which have significant implications for oil and gas exploration
and production in Uganda. This is more so due to the fact that they have a force of law and

184
United Nations A/CONF.216/13
185
Ibid.
186
Ibid.
187
Ibid.

64
Uganda is obliged to abide by the environmental standards enshrined there under. They
include the following:

3.4.11 The Vienna Convention on the Protection of the Ozone Layer (1985)
Uganda acceded to this Convention on 24th June 1988. The objectives of this Convention
include the protection of human health and the environment against adverse effects resulting
or likely to result from human activities which modify or are likely to modify the ozone layer;
adoption of agreed measures to control human activities found to have adverse effects on the
ozone layer; to cooperate in scientific research and systematic observations; and to exchange
information in the legal, scientific and technical fields.188

The Convention establishes the secretariat as the regulating body. It lists the chemical
substances of natural and anthropogenic origin that are thought to have the potential to
modify the chemical and physical properties of the ozone layer. These include: carbon
substances like carbon monoxide (CO), carbon dioxide (CO2), methane (CH4); nitrogen
substances including nitrous oxide (N2O); and Chlorine substances. The Convention
therefore, targets the reduction in the production and use of these chemicals by the parties.
These emissions are eminent in the process of oil and gas production and therefore the actors
should ensure that they don’t exceed the conventional limits especially when it comes to gas
flaring and venting.189

3.4.12 The Montreal Protocol on Substances that Deplete the Ozone Layer (1987)190
Uganda signed the Montreal Protocol on 15th September 1988 and ratified the protocol on
same date. This protocol controls the production and consumption of the most commercially
and environmentally significant ozone-depleting substances and also deals with atmospheric
pollution. The Protocol majorly intends to control production and use of CFCs.191

188
See the Convention summary
189
“Flaring” means the combustion of hydrocarbons without the application of the resulting heat or gases for any useful
purpose; and “gas venting” means the release of gas to the atmosphere (s.2 of the Petroleum (EDP) Act,
190
As either adjusted and/or amended in London 1990, Copenhagen 1992, Vienna 1995, Montreal 1997 and Beijing 1999
191
See article 2A

65
3.4.13 United Nations Framework Convention on Climate Change (UNFCCC) (1992)
Uganda signed the (UNFCCC) on 13th June 1992 and ratified it on 8 September 1993. The
ultimate objective of United Nations Framework Convention on Climate Change (UNFCCC)
is to stabilize greenhouse gas concentrations in the atmosphere at a level that would prevent
dangerous anthropogenic interference with the climate system.
One of the major principles in the convention that deals with climate change is the
precautionary principle which imposes an obligation on states to take measures to prevent
and minimize the causes of climate change and mitigate its adverse effects.

Chlorofluorocarbon (CFC) is an organic compound that contains only carbon, chlorine and
fluorine, produced as a derivative of methane, ethane and propane. Comparable limitations
are set out in article 2B in respect of halons; Article 2C in respect to other fully halogenated
CFCs; Article 2D in respect of carbon tetrachloride; Article 2E in respect of 1, 1, 1-
Tricholoroethane (Methyl chloroform); Article 2F in respect to hydro chlorofluorocarbons;
Article 2G in respect to hydro bromofluorocarbons; Article 2H Methyl bromide; and Aticle
21 in respect of Bromochloromethane Some of these combination gases are reported to be
emitted during oil and gas activities hence the guidance of this protocol is relevant for our oil
industry.192
The weakness with this convention is however that it is not specific as far as emission
reduction targets are concerned.

3.4.14 Kyoto Protocol to the United Nations Framework Convention on Climate

Change (1997)
Uganda ratified the Kyoto Protocol on 25th March 2002. This protocol sets binding
numerical targets for the limitation and reduction of greenhouse gas emissions especially
carbon dioxide, methane, nitrous oxide, hydro fluorocarbons, per fluorocarbons and sculpture
hexafluoride for the industrialized and transitional countries during the period 2008-2012.193

No numerical targets for the reduction of emissions were set for the developing countries,
but they are required to report on their emissions. The Kyoto protocol defines three

192
Under article 21, each party shall ensure that for the twelve-month period commencing on 1 January 2002, and in each
twelve-month period thereafter, its calculated level of consumption and production of the controlled substance in Group III
of Annex C does not exceed zero. This paragraph applies save to the extent that the Parties decide to permit the level of
production or consumption that is necessary to satisfy uses agreed by them to be essential
193
Article 3 read together with Annex A to the Protocol

66
international policy instruments (Kyoto mechanisms) which provide opportunities for annex
1 parties to fulfill their commitments cost effectively. These are: the Clean Development
Mechanism (CDM); International Emission Trading (IET);194 and Joint Implementation
(JI).195 From these three mechanisms, it is CDM that applies to developing countries like
Uganda because JI and IET are meant for industrialized countries.
Therefore, the operators in the Albertine rift should follow the CDM to make plans to
minimize greenhouse and ozone depleting emissions in the process of production due to start
by 2020.

3.4.15 Convention on Biological Diversity (1992)

Uganda signed CBD on 12th June 1992 and ratified it on 8 September 1993. The objectives
of this Convention are: the conservation of biological diversity; the sustainable use of its
components and the fair and equitable sharing of the benefits arising out of the utilization of
genetic resources. It is also intended to ensure appropriate access to genetic resources and
appropriate transfer of relevant technologies, taking into account all rights over those
resources and technologies, and appropriate funding.196

The Convention provides that parties should take measures including legislation in certain
instances, inter alia: to integrate sustainable utilization into national strategies and plans and
programs197; promote in-situ conservation and in particular, protect traditional knowledge
about conservation and protecting threatened species.198

It also calls upon states parties to promote sustainable use of biological diversity 199 and to
promote international cooperation in the protection of biological diversity. This is so
important because as already noted the protection of biodiversity in the Albertine Graben is

194
IET allows annex 1 parties to exchange part of their assigned national emission allowances. IET implies that countries
with high Marginal Abatement Costs (MACs) must acquire emission reductions from countries with low MACs. Under IET
system, countries that have emissions units to spare can sell this excess capacity to countries that are over their targets. This
mechanism of emission trade may be called carbon market because carbon dioxide is the most widely produced greenhouse
gas
195
Article 6 of the Kyoto Protocol provides for JI. JI allows industrialized countries to meet part of their required cuts in
greenhouse-gas emissions by paying for projects that reduce emissions in other industrialized countries. The sponsoring
governments receive credits that may be applied to their emissions targets; the recipient nations gain foreign investment and
advanced technology (but not credit toward meeting their own emission caps; they have to do so themselves).
196
Article 1
197
Article 6
198
Article 8
199
Article 10

67
required if Uganda is to escape the environmental dimension of the oil resource curse. This is
more so because oil activities in Uganda occur in the most biodiversity rich area in Africa.200

The Convention has three main objectives all of which have implications for EIA, these are:
to conserve biological diversity; the use biological diversity in a sustainable fashion and to
share the benefits of biological diversity fairly and equitably. 201 The Convention makes the
following requirements in relation to EIA: Parties are required to use EIA effectively to avoid
or minimize significant adverse impacts on biodiversity202

3.4.16 Convention on the Conservation of Migratory Species of Wild Animals (Bonn

Convention) (1979)
The Convention on the Conservation of Migratory Species of Wild Animals (CMS) aims to
conserve terrestrial, marine and avian migratory species throughout their range. It is an
intergovernmental treaty, concluded under the aegis of the United Nations Environment
Programme (UNEP), concerned with the conservation of wildlife and habitats on a global
scale. CMS provides a global platform for cooperation on the conservation and sustainable
use of migratory animals and their habitat. As a matter of fact, many different species of birds
and animals of the world have migrated and finally settled in the Albertan region due to the
favorable climate that characterizes the region. Many threatened bird species concentrate in
these areas due to good habitat features made of thick rain forests and swamps. To that extent
thus, the convention should be observed to ensure that threat to the survival of these species
is minimized.

3.4.17 Convention on Wetlands of International Importance especially as

Waterfowl (Ramsar Convention) (1971)
This is commonly known as the Ramsar Convention. Uganda ratified this Convention on 4 th
March 1988. The Ramsar Convention seeks to ensure the sustainable, wise use of wetland
resources including designation of wetland sites of international importance and to ensure
that all wetland resources are conserved, now and in the future. Countries are required to
implement the “wise use” principles of the Convention (including wetland policies,
awareness programs, and legislative review) and cooperate with other Contracting Parties;
manage a network of protected wetland sites of international importance in cooperation with
200
Supra
201
Article 1
202
Article 14

68
provinces, territories, and non-governmental organizations (NGOs); foster cooperation
through joint work plans and Memoranda of Understanding (MoUs) with the Convention on
Biological Diversity (CBD), Bonn Convention, the World Wildlife Fund for Nature (WWF),
Wetland International, Birdlife International, IUCN, the Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES), and other international treaties and
organizations; and contribute financially to the Convention. This convention is very
instructive especially when it comes to operations on the immediate shores of Lake Albert
which is a wetland of international importance (Ramsar site) within the meaning of the
convention.203

3.4.18 Basel Convention on Control of Trans-boundary Movement of Hazardous

Wastes and their Disposal (1989)
Uganda signed this Convention on 11th March 1999. The overall goal of the Basel
Convention is to protect human health and the environment against the adverse effects which
may result from the generation, trans-boundary movement and mismanagement of hazardous
and other wastes. Other objectives include reducing trans-boundary movements of wastes to a
minimum consistent with their environmentally sound and efficient management and
controlling any permitted trans-boundary movement under the terms of the Convention.

The observation of this convention is so critical because oil and gas activities in Uganda have
contact with Lake Albert through which river Nile (Albert-Nile) flows to other countries of
Africa such as Southern Sudan, Sudan and Egypt, meaning that if waste is not controlled
trans-boundary pollution may occur yet this may be so costly not only to the peace but also
the economy of Uganda.

3.4.19 United Nations Convention on the Law of the Sea (UNCLS) (1982)
The UN Convention on the Law of the Sea imposes obligations on states parties to protect the
marine environment. The UNCLS requires States that have reasonable grounds for believing
that planned activities under their jurisdiction or control may cause substantial pollution of or

203
In my view, the oil industry has not observed the requirements of the convention. Although it is known that Lake Albert
is a wetland of international importance, there is no site specific conservation plan developed to save it. I would think that
the general SEA and EIA for the entire graben is not sufficient.

69
Significant and harmful changes to the marine environment to as far as practicable, assess the
potential effects of such activities on the marine environment and communicate reports of the
results of such assessments.204
Though Uganda has no sea, the analogous marine environment of Lake Albert affected by the
oil activities seems to me to bring the UNCLS principles into play. It is accordingly
incumbent upon Uganda to assess all likely impacts on aquatic life before onshore
exploitation of wells along Albert can commence. Other water bodies likely to be affected
include Lake Kyoga and the Nile River.

3.4.20 Convention Concerning the Protection of the World Cultural and Natural
Heritage (1972)
The Convention requires each party to recognize that it has the duty of ensuring the
identification, protection, conservation, presentation and transmission to future generations,
of the cultural and natural heritage. 205 Parties are also required to ensure that effective and
active measures are taken for the protection, conservation and presentation of the cultural and
natural heritage situated on their territory, and that each State Party to this Convention should
endeavor to do this as far as is reasonably possible and appropriate for each country.206

Effective measures to be taken include assessment of the feasible project alternatives to

prevent, minimize or compensate for adverse impacts; assessing the nature and extent of
potential impacts on these resources and designing and implementing mitigation plans. Under
the requirements of this convention one wonders whether with the rapid socio-economic and
demographic changes introduced by oil activities in Bunyoro, the cultural heritage of the
Banyoro will be saved. In addition, oil the activities cover a number of game parks and game
reserves which are part of the few world heritage sites. This probably explains why neither
the Early Production System nor refinery ought to be built within these wild animal
concentration areas.

204
Article 206
205
Article 4
206
Article 5

70
3.4.21 Bamako Convention on the ban of the Import into Africa and the Control of
Trans boundary Movement of Hazardous Wastes within Africa (1991)
The objectives of the Bamako Convention are to protect human health and the environment
from dangers posed by hazardous wastes by reducing their generation to a minimum in terms
of quantity and/or hazard potential. The Convention requires that each Party adopts and
implements the preventive/precautionary approach to pollution problems which entails, inter
alia, preventing the release into the environment of substances which may cause harm to
humans or the environment without waiting for scientific proof regarding such harm.207 These
principles are without doubt applicable to the oil industry. Firstly, the NOGP also entrenches
the precautionary principle. Therefore, operators should take preventive measures to contain
wastes produced especially produced water and other aqueous streams to ensure that they
don’t escape into trans boundary water catchments especially the Albert-Nile as this can
culminate into trans boundary pollution.

3.4.22 African-Eurasian Migratory Water Birds Agreement (AEWA) (1995)

It was concluded on 16th June 1995 in The Hague, the Netherlands and came into force on
1stNovember 1999 after the required number of at least fourteen Range States, comprising
seven from Africa and seven from Eurasia had ratified it. Parties to the Agreement were
called upon to engage in a wide range of conservation actions which were described in a
comprehensive Action Plan (2003-2005).
This detailed plan addressed such key issues such as species and habitat conservation,
management of human activities, research and monitoring, education and information, and
implementation. The Agreement is governed by a Meeting of the Parties (MOP) who in turn
created a Technical Committee and Standing Committee. The latter is responsible for matters
related to policy, governance, administration and finance. This is so important in the taming
of the activities in the Albertine rift which is a home of about 14% bird species in Africa. It
unfortunate however that due to the oil development activities, infrastructure extension and
high population influx many birds are at the risk of migration due to habitat loss and
modification.

3.4.23 The Treaty of the East African Community (1999)

The members of the East African Community (now East African Cooperation) agreed to have
a concerted effort in matters of development, law development and enforcement, and
207
Article 3(d) of the Agreement.

71
environmental protection and conservation.208 The above objectives are encapsulated in the
EAC Treaty one of whose main objectives is to promote sustainable utilization of the natural
resources of the partner states. It calls upon states parties to ensure sustainable management
of the environment for present and future generations 209 and sustainable management of
natural resources.210 These objectives indeed tally with those emphasized by the Oil and Gas
Policy2008.
This treaty establishes the East Africa Community. It has important provisions for
environmental management especially article 151(1) which provides that partner states
undertake to conclude such protocols as may be necessary in each area of cooperation which
shall spell out the objectives, scope of and institutional mechanisms for cooperation and
integration. Article 111 and 112 of the EAC Treaty provide for conservation and management
of environmental and natural resources. Uganda as a member of the EAC is therefore obliged
to comply with the principles of sound environmental management as prescribed in the
Treaty while undertaking all development activities, which include though not limited to oil
exploration and production. For example, she should ensure that there is consultation and
cooperation on the technologies to be adopted and prevent trans boundary disposal of oil
related pollutants within the region. Article 2 provides for the application of the Protocol by
partner states and cooperation in the management of the environment and natural resources
within their jurisdiction, including trans boundary ecosystems and natural resources.

Article 2 (i) stipulates that each party is required to ensure the conservation and sustainable
use of wildlife resources in its jurisdiction. The observation of this protocol is very
instrumental in assessing environmental law compliance of the oil activities in the Albertan
rift because this is the place which harbor’s Uganda’s major wildlife National Parks and
game reserves211, some of which are shared among member states.

208
Article 151
209
Article 111
210
Article 114
211
These include Queen Elizabeth National Park, Semliki Valley National Park, Semliki Valley Wildlife
Reserve, Rwenzori National Park, Mgahinga Gorilla National Park, and Murchison Falls National Park and
others.

72
3.4.24 Application of International and Regional Environmental Law in
Uganda
The National Environment Act operationalizes the above constitutional provisions by
enacting that where Uganda is a party to any convention or treaty concerning the
environment, after the convention or treaty has been ratified under article 123 of the
Constitution, the minister may, by statutory order, with the approval of parliament by
resolution: set out provisions of the convention or treaty; give the force of Uganda recognizes
the need to participate in International Environmental Law.

The Constitution provides that the president or any other person authorized by the president
may make treaties, conventions, agreements or other arrangements between Uganda and any
international organizations in respect of any matter, and that parliament shall make laws to
govern ratification of any treaty, conventions, agreements or other arrangements. 212law in
Uganda to the convention or treaty or any part of the convention or treaty required to be
given force of law in Uganda; amend any enactment other than the constitution for the
purpose of giving effect to the convention; make such other provisions as may be necessary
for giving effect to the convention or treaty in Uganda, or for enabling Uganda perform its
obligations or exercise its rights under the convention or treaty.213

This section applies to any convention or treaty, whether adopted before or after the coming
into force of the Act and whether Uganda became party to it before or after the coming into
force of the Act.214
All treaties in Uganda are ratified according to the procedure laid down by the Ratification of
Treaties Act.215 T
The Act provides for the following modes of ratification: ratification by cabinet; and
ratification by parliament by resolution where the treaty has the effect of amending the
Constitution, or where the treaty relates to armistice, neutrality or peace.216

In case the treaty requires amendment, the Attorney General has to certify in writing that the
implementation of the treaty in Uganda would require amendment. The Attorney General’s

212
Constitution of the Republic of Uganda, 1995 article 123.
213
National Environment Act, Cap. 153 section 106(1)
214
Subsection (2)
215
Cap 204 Laws of Uganda 2000
216
See section 2 thereof

73
certificate is presented to cabinet and subsequently a motion is tabled in parliament. If
satisfied, parliament passes a resolution for the ratification of the treaty. Where a cabinet
ratifies a treaty, it must lay it before parliament as soon as possible.217

Instruments of ratification of a treaty concluded by cabinet or parliament are signed, sealed

and deposited by the minister responsible for foreign affairs to the ministry in charge of all
treaties and conventions.218 Therefore it follows from the foregoing that all international and
regional environmental law instruments which has ratified and domesticated are binding on
her and should be complied with in all current and future oil operations.

3.5 Other Environmental laws applicable

Compliance with environment principles is also emphasized by the PEDP Act under section
3(1) where it state that a licensee or any other person …shall comply with environmental
principles and safe guards prescribed by the NEA Act cap 153 of 1995 which are provided
for under section 2 of NEA CAP 153 as arught to a clean and healthy environment, societal
participation in environmental mamagementof the enviromemt, environmental
conservation,optimum sustainable yield ,monitor changes in eneviromemtal quality,
enviromemntal impact assessment of projects, polluter pays principle and internation
corporation in the field of the enviromemet.
There are several pieces of environmental and other legislation that have implications for oil
exploration. These pieces of legislation have to be complied with in addition to the above
main laws.

3.5.1 The National Environment Act, Cap 153 and Regulations made there under
The National Environment Act219 (NEA) is Uganda’s framework environmental law and its
central tenet is sustainable environmental management. It establishes the National
Environment Management Authority (NEMA) as a body responsible for coordinating,
monitoring and supervising all environmental matters in Uganda.220
It prescribes a set of environmental management principles which include:221

217
See section 4
218
Section 3
219
The National Environment Act, Cap 153 Laws of Uganda, 2000.
220
Sections 4, 5 and 6 of the Act
221
Ibid, s. 2.

74
To assure all people living in the country the fundamental right to an environment adequate
for their health and well-being section 4 (1:; encourage the maximum participation by the
people of Uganda in the development of policies, plans and processes for the management of
the environment; use and conserve the environment and natural resources of Uganda
equitably and for the benefit of both present and future generations, taking into account the
rate of population growth and the productivity of the available resources; conserve the
cultural heritage and use the environment and natural resources of Uganda for the benefit of
both present and future generations; maintain stable functioning relations between the living
and nonliving parts of the environment through preserving biological diversity and respecting
the principle of optimum sustainable yield in the use of natural resources and reclaim lost
ecosystems where possible and reverse the degradation of natural resources.

Further principles include, to establish adequate environmental protection standards and to

monitor changes in environmental quality; publish relevant data on environmental quality and
resource use; require prior environmental assessments of proposed projects which may
significantly affect the environment or use of natural resources; ensure that environmental
awareness is treated as an integral part of education at all levels; ensure that the true and total
costs of environmental pollution are borne by the polluter; and to promote international
cooperation between Uganda and other states in the field of the environment.

The NEA confers on every person has a right to a healthy environment and obligates every
person to maintain and enhance the environment, and where need arises inform the authority
or the local environment committee of all activities and phenomena that may affect the
environment significantly.222 NEMA or the local environment committee proceeding is
entitled to bring an action notwithstanding that the person cannot show that the defendant’s
act or omission has caused or is likely to cause any personal loss or injury.

The Act further requires that Environmental Impact Assessment be undertaken by a

developer where the lead agency, in consultation with the executive director, is of the view
that the project may have an impact on the environment; is likely to have a significant impact

222
Section 3

75
on the environment; or will have a significant impact on the environment. 223 Thus a person
requires a pollution licensee to carry out a polluting activity.
A pollution licensee cannot not be issued unless the licensee is capable of compensating the
victims of the pollution and of cleaning the environment, in accordance with the „polluter
pays‟ principle. NEA requires NEMA to establish standards for air quality, 224 water
quality,225 the discharge of effluent into water, 226 the control of noxious smells,227 the control
of noise, vibration and pollution,228 soil quality229 and standards for minimization of
radiation.230
Section 35 prohibits any activity not being a traditional activity, in a wetland without the
prior written approval of the Authority given in consultation with the lead agency
responsible.
Section 49 of the National Environment Act provides for the protection of natural heritage
sites. It provides that NEMA, with the assistance of Local Environment Committees, District
Environment Committees and the lead agency, identify those elements, objects and sites in
the natural environment which are of cultural importance to the various peoples of Uganda.

3.5.2 The National Environment (Management of Ozone Depleting Substances and

Products) Regulations (2001)
These aim at regulating the management of ozone depleting substances and products. Thus,
they seek to regulate the production, trade and use of controlled substances and products;
provide a system of data collection that will facilitate compliance with relevant reporting
requirements under the Montreal Protocol; promote the use of ozone friendly substances,
products, equipment and technology; and ensure the elimination of substances and products
that deplete the ozone layer. They prohibit import and export of ozone depleting substances
and products without a licensee.

223
S.19(3)
224
Ibid, s. 24.
225
Ibid, s. 25.
226
Ibid, s. 26.
227
Ibid, s. 27.
228
Ibid, s. 28.
229
Ibid, s. 30.
230
Ibid, s. 31.

76
3.5.3. The National Environment (Waste Management) Regulations (1999)
These Regulations require a licensee for transportation and storage of waste. A person
granted a license to transport waste is required to ensure that the collection and transportation
of waste is conducted in a manner that will not cause scattering of the waste; the vehicles,
pipelines and equipment for the transportation of waste are supposed to be in such a state as
not to cause the scattering of, or the flowing out of the waste or the emitting of noxious
smells from the waste; the vehicles for transportation and other means conveyance of waste
should follow the approved scheduled routes from the point of collection to the disposal site
or plant; the personnel involved in the collection, transportation or storage of waste should be
provided with adequate protective and safety clothing; adequate appropriate equipment or
facilities for loading the waste; safe and secure sitting facilities in the vehicles used for
transporting waste and proper training and information.
Medical check-up as may be commensurate to the risks faced by the employees and, on
completion of the check-up, the licensee shall submit a medical report of fitness in respect of
each employee to the Authority.

3.5.4. The National Environment (Standards for Discharge of Effluent into Water or
on Land) Regulations (1999)
These provide the standards for effluent or waste water before it is discharged into water or
on land. The Regulations provide general obligation to mitigate pollution. They require every
industry or establishment to install at its premises, anti-pollution equipment for the treatment
of effluent/chemical discharge emanating from the industry or establishment. The
antipollution equipment installed has to be based on the best practicable means of
environmentally sound practice. The Regulations require keeping of a record of the amount
of waste generated by the activity and of the parameters of the discharges. One of the major
gaps in relation to implementation of the above provision is that the oil companies have not
published their waste management plans, which makes it difficult to assess the effectiveness
of their mitigation measures.

77
3.5.5. The National Environment (Wetlands, River Banks and Lake Shores
Management) Regulations (2000)
These basically regulate the management of wetlands; river banks and lake shores. The
objective of the Regulations is to provide for the conservation and wise use of wetlands and
their resources in Uganda; give effect to clause 2 of Article 237 of the Constitution of
Uganda; ensure water catchment conservation and flood control; ensure the sustainable use of
wetlands for ecological and tourist purposes for the common good of all citizens; ensure that
wetlands are protected as habitats for species of fauna and flora; provide for the regulated
public use and enjoyment of wetlands; enhance research and research related activities; and
minimize and control pollution. The Regulations provide a set of principles related to the
management of wetlands, rivers and lakes.

3.5.6 Strategic Environmental Assessment (SEA) and Environmental Impact

Assessment (EIA)
Strategic Environmental Assessment (SEA) is a systematic decision support process, aiming
to ensure that environmental and possibly other sustainability aspects are considered
effectively in policy, plan and programme making. 231 In this context, SEA may be seen as: a
structured, rigorous, participative, open and transparent environmental impact assessment
(EIA) based process, applied particularly to plans and programs, prepared by public planning
authorities and at times private bodies; a participative, open and transparent, possibly non-
EIA-based process, applied in a more flexible manner to policies, prepared by public
planning authorities and at times private bodies, or a flexible non-EIA based process, applied
to legislative proposals and other policies, plans and programs in political/cabinet decision-
making.232

3.6 Water Act, Cap. 152 and Regulations made there under
This Act provides for the use, protection and management of water resources and water
supply. The main objectives of the Act are to promote the rational management and use of the
waters of Uganda. It requires any person wishing to discharge waste to apply for a waste
discharge permit, and conduct of EIA for any activity likely to have significant adverse
impact on any water catchment area. There are Regulations that have been made under the

231
Wikipedia, the Free Encyclopedia
232
Ibid.

78
Act that facilitate the implementation of the right to clean and healthy environment and
environmentally sound development

The Water (Waste Discharge) Regulations (1998)

These Regulations prohibit the discharge effluent or waste. Thus no person is permitted to
discharge effluent or waste on land or into the aquatic environment contrary to the standards
except on obtaining and in accordance with a waste discharge permit. When granting the
permit the Director has to consider the following factors: the existing authorized and
projected quality of water in, and down-stream of the area; any adverse effect which the
discharge of waste is likely to have on the existing authorized uses of water; possible future
beneficial uses of water; any aquifer or waterway, including effects on land which forms the
waterway or its surroundings; the environment, including the river and riparian environment;
in-stream uses of water, the minimum water quality standards and effluent discharge
standards and Government policy on environment management and conservation.

4.1 National policy frameworks

The National Policy for Disaster Preparedness and Management is in conjunction with the
1995 Constitution which givesthe President the power to declare a state of emergency in any
part of the country in the event of a disaster. All the relevant information and details of the
cause, is given to the president by the minister in charge of disaster233

4.2 The lead agency for disaster management234This operates in line with other
ministries like health, Agriculture etc. Disaster management has been structured into different
levels of managementstarting with at national, district, sub-county, and village levels. The
new policy however is pending the implementation to districts and subdistricts.235

4.3 The Petroleum Authority of Uganda

The Petroleum Authority of Uganda was established by the PEDP Act236. Thepurpose is to
monitor exploration, development and production, together with the refining, gas conversion,
transportation and storage of petroleum in Uganda. It is meant to regulate the petroleum

233
Article 110 of the 1995 Constitution.
234
The Office of the Prime Minister is the lead agency for disaster management
235
The Inter-Agency Technical Committee and organizations
236
PEDP Act Section 9

79
activities and check that they are compliant with the Laws of Uganda and international best
practices237

4.4 Department of Disaster Preparedness and Refugees within the Office of the
Prime Ministeris founded under the Department for Disaster Preparedness and Refugees
(DDPR) which is established in the Office of the Prime Minister (OPM).With this authority,
OPM co-ordinates activities of humanitarian agencies and other concerned entities with
disaster victims. The work in hand with the District Disaster Management Committees
(DDMCs).238

4.5 National Emergency Operation Centre (NEOC) is a platform which coordinates

the District Disaster Management Committees, by providing the relevant information.It also
supervises disaster preparedness reduction tools at district level. For Sufficient
communication, various resources have to be allocated239

4.6 The Inter-Ministerial Policy Committee (IMPC) is a Committee established to handle

inter-ministerial matters relating to disaster preparedness and response. Its purpose is to
streamline disaster preparedness strategies between the various ministries.

4.7 The National Oil Company

Which is introduces under Section 42 of the PEPD Act.240The National Oil Company is a
state entity whose function is to manage the commercial interests of Petroleum activities and
agreements. It is
The functions of the National Oil Company to supervise the marketing of the country’s
share of petroleum since it has the special expertise on petroleum products and general oil
and gas issues. To participate in production sharing agreements,meetings and investigations.
And spearhead new avenues to improve on upstream, midstream and downstream
activities.241

237
https://pau.go.ug/site/assets/files/1116/national_content_in_ugandas_oil_and_gas_sector-_march_2019.pdf accessed on
22/10/2019
238
https://opm.go.ug/refugees-management/ accessed on 06/02/2020
Section 42 of the PEPD Act.
239
https://www.ug.undp.org/content/uganda/en/home/presscenter/articles/2014/10/13/uganda-gets-a-national-emergency-
coordination-and-operations-centre-for-disaster-preparedness.html accessed on 06/02/2020
240
Section 42 of the PEPD Act.
241
Section 43 PEDA Act

80
4.8 Policy Committee on Environment.
The Policy Committee on Environmentis responsible for strategic policy guidance on
environment in and the Ministerfor energy and mineral development together with the
Minister responsible for water and environmentmake sure that the environment is protected
from any factors of disaster242

4.10 National Environment Management Authority

Under subsection 2 (1) advices the Minister on the harmonization of policies of
Governmenthaving withreference to natural resources

Subsection 2(f) to issue environmental compliance certificates. Subsection 2(h) to regulate

environmental practitioners in the environmental and social impact assessment and
environmental audit processes and to review and make decisions on environmental and
social impact assessments, environmental audits and other studies or reports submitted in
accordance with this Act or any other applicable law243

4.11 The District environment and natural resources committee which provides for
the districtnatural resources officer; who shall be the secretary. Every district shall establish
a district environment and natural resources committee, to coordinate the activities of the
urban or district council relating to disaster management, and to assist in the formulation and
enforcement of ordinances and byelaws relating to the management of the environment244

4.12 Emergency response system against acute pollution

in addition to the requirements under sections 78 and 79, a person engaged in an activity
likely to
cause acute pollution shall establish an emergency preparedness and response system
designed to
prevent, detect, stop, remove or limit the impact of the pollution. 245

242
. Strengthening the Management of the Oil and Gas Sector in Uganda. A Development Programme in Co-operation with
Norway. Minisrty of Energy February 2010
243
Established under the National Environment Act, Cap. 153.
244
Section 28
245
Section 89 of the NEMA

81
4.13 National lead Agency Emergency Preparedness and Response Systems,
Contingency Plans
The lead agency functions, in consultation with the Authority, to provide for emergency
preparedness and response systems, contingency plans and other plans for minor incidents of
acute pollution that may occur or cause damage within the jurisdiction of the lead agency.246

4.14 National Oil Spill Contingency Preparedness and Response.

The Office of the Prime Minister shall is in consultation with the Petroleum Authority of
Uganda and other relevant lead agency, established a National Oil Spill Contingency Plan in
the manner prescribed by regulations. The Plan referred to under subsection (1) establishes a
national framework and command structure for planning, preparation and response to oil
spills on land or water bodies in Uganda, and for the management of oil spills of a
transboundary nature.247

4.15 Ministries, Departments and Agencies (MDAs) of government that are involved
in financing disaster preparedness, prevention and mitigation.
These are complemented by the development partners, non-government organizations (both
local and international) as well as the private sector. The roles of each of the MDAs are
defined in the National Policy for Disaster Preparedness and Management Overall, the Policy
designates the Department of disaster Preparedness and Management under the Office of
Prime Minister as the lead agency responsible for disaster preparedness and management.
The department coordinates disaster risk reduction, prevention, preparedness and mitigation
in the country. However, while the department coordinates all the MDAs in the Disaster Risk
Reduction (DRR) sector, mitigation and prevention is primarily undertaken by other MDAs
in the DRR sector which has implications on the financing of disaster preparedness,
prevention and mitigation248

4.16 District Disaster Management Committees (DDMC)

The establishment of the District Disaster Management Committees has been instrumental in
institutionalizing the early warning systems at local government level. In all the study
246
Established under Section 92 NEMA
247
Section 93 of the NEMA
248
Each role is prescribed under National Policy for Disaster Preparedness and Management 9

82
districts, the committees were found to be functional and at the forefront of managing disaster
preparedness and prevention in their respective districts. The DEOC will in a disaster
situation fulfil a highly operational role to coordinate and to guide the assets to the most
effective intervention approach. The draft policy describes DEOC as a “replicate” of the
NEOC.

4.17 District Contingence Plans

The districts of Sironko, Kasese, Arua, Kotido, and Kaabong focused on this assessment have
also made progress as each has developed a Contingence Plan as one of the strategies in place
to prepare/mitigate/prevent natural disasters. Districts have also gone ahead to map common
disasters in their areas and taken action including resettling some of the people from the
worst affected areas as well as soliciting for funds from development partners to fund their
risk reduction.
Despite preceding the Sendai Framework in its enactment, the policy explicitly articulates the
management of risk in Uganda. In recognizing the multi-sectoral nature of disaster risk
reduction and management, the policy explicitly provides for the roles of the various MDAs
of government in the management of risk249

4.18 Local Councils:Given the ‘bottom-up’ approach to planning adopted under

decentralization, the five levels of Local Councils are: LC1 Village level, LC2 Parish level,
LC3 Sub-County level, and LC5 District level. Significant capacity has been recognized at all
local levels, especially at the DDMCs. There is a great understanding of the concepts in
disaster preparedness and disaster management. There is, however, no doubt that resource
both in terms of capacities and funding are needed to implement the disaster management
plans250.

4.19 National Platform for Disaster Risk Reduction and Management (NPDRRM).
This coordination body is established in line with the Hyogo Framework for Action and is
chaired by the Permanent Secretary of the OPM. It comprises all stakeholders within the

249
https://reliefweb.int/report/uganda/district-level-contingency-planning-methodology-and-related-guidance-note accessed
on 30/12/2019
250
https://www.ug.undp.org/content/uganda/en/home/presscenter/articles/2017/10/16/empowering-communities-to-manage-
risk-is-key-for-disaster-reduction-.html

83
focus areas of disaster risk reduction, and is, therefore, the meeting place where DRRM
modalities and guidelines can be mainstreamed and disseminated.251

251
https://www.google.com/search?q=National+Platform+for+Disaster+Risk+Reduction+and+Management+
(NPDRRM+uganda&tbm=isch&source=univ&client=firefox-b-/accessed 01/02/2020

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 CHAPTER FOUR
CHALLENGES TO DISASTER PREPAREDNESS IN UGANDA

4.20 Challenges to disaster preparedness in Uganda

The current response seems to be a reactive post-disaster response instead of proactive, pre-
disaster preparedness and mitigation response. There is “emphasis on response against
252
prevention in terms of Disaster management in Uganda.” It seems that many people
still think of disasters as accidents or events which cannot be anticipated

Key challenges include coordination, more and differences in capacity between sectors and
inadequate inter-sectoral collaboration and lack of a law to govern disaster risk reduction and
management

4.20.1 Lack of a law to govern disaster risk reduction and management

Currently Uganda does not have a national law governing disaster risk reduction and
management, and its alignment with international thinking although a National Policy for
Disaster Preparedness and Management exists. All operations geared towards disaster risk
reduction and management are currently governed by provisions in different sector laws that
are well documented253.

Uganda’s 1995 Constitution provides that “The State shall institute effective machinery for
dealing with any hazard or disaster arising out of natural calamities or any situation resulting
in general displacement of people or serious disruption of their normal life.”254

4.20.2 Disaster Preparedness and Management Commissionis not yet operationalized

Uganda’s Constitution (Article 249) also provides for the establishment of a Disaster
Preparedness and Management Commission “to deal with both natural and man-made
disasters”, which is yet to be operationalized. Without a specific law to govern government’s
work on disasters, the composition of such a committee is not defined and neither are its
specific duties

252
The Uganda Red Cross
253
NECOC, 2015
254
Uganda’s 1995 Constitution under its XXIII social and economic objective

85
4.20.3 Inconsistency in operationalizing the Contingency Fund
255
The Public Finance Management Act, establishes a Contingency Fund the Fund must be
replenished every year with an amount equal to 3.5% of the Government’s annual budget.
15% of the Fund is ring fenced for disaster response and management, although more than
this may be used. The Fund however has not yet been operationalized since the PFM Act,
2015 was enacted into law. Section 26, however, is silent on the use of the Fund for disaster
risk reduction purposes.256The Fund must be replenished every year with an amount equal to
3.5% of the Government’s annual budget. 15% of the Fund is ring fenced for disaster
response and management, although more than this may be used.

However, the Fund has not yet been operationalized since the PFM Act, 2015 was enacted
into law. Section 26, however, is silent on the use of the Fund for disaster risk reduction
purposes. This is one area which might need more attention in a new disaster risk reduction
and management disaster in reducing disaster:

As Shaw and Okazaki (2004) argue, the most important time for learning from a disaster
response is while the events are fresh in the minds of those affected and those involved in the
response. An organized evaluation of what went well, what failed and gaps in theresponse
must be conducted immediately after the disaster. From this information the disaster
management approach can be strengthened to prepare for the next disaster. 257

4.20.4 Lack of Education and awarenessamong people about the need to evacuate scenes
of oil tanker accidents and spills as there is always a high likelihood of a fire breaking out.
Putting disaster lessons in place is a long process and involves many people and disaster
managers. Uganda will need to be proactive, persistent and patient if they are to see that the
changes needed are made. It emerged from the research that not all those killed and badly
burned are always siphoning oil from the overturned fuel tankers. Many are always
bystanders and spectators eager to see what is happening. 258
4.20.5 Financing Disaster more than managing and reducing disaster:CSBAG analysis
revealed that Government of Uganda is still spending the bulk of its resources on managing

255
PFM Act, 2015 as amended
256
Section 26
257
Disaster Risk reduction community resilience and responses

258
Death toll from oil tanker explosion in western Uganda rises to 18 Source: Xinhua| 2019-08-19 19:28:23|
Editor: Xiaoxia accessed on 02/05/20101

86
and responding to disaster as opposed to managing and reducing disaster risk. The current
response seems to be a reactive post-disaster response instead of proactive, pre-disaster
preparedness and mitigation response. The Uganda Red Crosstends to agree when it states
that there is “emphasis on response against prevention in terms of Disaster management
in Uganda.” It seems that many people still think of disasters as accidents or events which
cannot be anticipated. 259

4.21 Social Economic Conditions

The first is the slow, poor and inadequate response by the emergency services (the police, fire
fighters and ambulance crew). Secondly, poor road infrastructure also contributes to the
disasters. The causes are discussed in detail below. The road should be improved, and more
networks introduced improve on accessibility of some areas.

Some of the roads are totally damaged and are the cause of some accidents on the roads
which could have been avoided

4.21.1 Poverty
Poverty plays a positive role in the process of recovery after a disaster paving the pathways
for the triggering of a hot debate in disaster management. Originality/value of this work
refers to the needs of reconsidering how late‐modernity replicates the conditions for what the
disaster has been. Not only does this accommodate all our previous beliefs in dealing with
victims and survivors but explores the cynicism between suffering and mass consumption.260
Poverty is the lack or insufficiency of money to meet basic needs, including food, clothing
and shelter. Poverty can be measured in monetary terms based on the monthly (or annual)
expenditure of a given individual. That expenditure is then compared to a threshold called the
poverty line. However, poverty is much more than the mere lack of money. It is also about
deprivation in other important areas of wellbeing such as education, health, water, and
housing.261

Disasters should not be seen on their own. Poverty plays a huge part here, as the poorer the
people are, the less resilient to hazards they will be. It is necessary to understand the current

259
https://www.icmm.com/website/publications/pdfs/health-and-safety/good-practice-emergency-preparedness-and-response
on 02/05/20101
260
www.researchgate.net/publication/235271709_Reconnecting_with_poverty_New_challenges_of_disaster_management02/
05/2020
261
http://www.worldbank.org/en/country/uganda/brief/uganda-poverty-assessment-2016-fact-sheet

87
socio-economic conditions which make people in Uganda more vulnerable to hazards such as
oil spills than they otherwise would. However, even with the significant reduction in poverty
over the last 20 years, the Majority of the population remains vulnerable.

Government is therefore called upon in strengthening efforts to target vulnerable groups,

build resilience and reduce inequalities. The report provides useful insights on both the main
drivers of vulnerability and successful interventions which have helped to reduce the
vulnerabilities facing Ugandans.
Despite the good progress we have made, many challenges still loom around.262

4.21.2 Corruption and lack of fiscal reform

This led to the IMF suspending Uganda’s funding due to the current state of politics, policies,
technical approaches and corruption. Economic reforms involve socio-economic pain that can
be politically unacceptable. Besides, the country’s current state of the budget deficit and debt
is so critical that it needs external support. That is partly the reason there are talks with the
World Bank and the IMF for a Policy Support263

4.21.3 Poor response from emergency services

Uganda faces oil tanker fire disasters that claim the lives of many and leave many more
injured. These result from road accidents involving an oil tanker that usually involve oil
spills. Unfortunately, these incidents usually attract crowds that scramble to scoop the leaking
oil. Exposure to fuels increases the risk of a fire explosion causing death and injury to many.
In 2013, over 40 people were killed, and many others seriously burned in a blaze that
engulfed an oil tanker after it was hit by another vehicle in Namungoona and in December
2001, 90 people died under similar circumstances in the eastern part of the country. The
population should be sensitized on the dangers of getting close to such scenes . police should
increase on the security and condone off such areas until the situation is under control

262
ubdocs.worldbank.org/en/Uganda-Poverty-Assessment-Report-2016.pdf

263
:http://www.monitor.co.ug/OpEd/Commentary/Uganda-s-economy–structural-adjustment-programme

88
4.21.4 The general inefficiency of fire fighters in Ugandahas been observed in their late
arrivals to put out fires, although the possibility of getting these statistics was not possible.
However, the President of Uganda among the fire equipment he handed over to the police
firefighting department, included video cameras and monitors that will detect time when
firemen received information about the fire, the time of their response and will also capture
how firemen fight the fire.
4.21.5 There is also a lack of water hydrantsas some have been vandalized while others
have been blocked by illegally constructed buildings where the hydrants once stood.264
In addition, firefighting officers are mainly located in major towns and it takes them a long
time to respond to oil tanker spills and fires that occur in remote areas far away from major
towns
There are also few adequately trained fire officers to deal with emergencies. Some fire
fighters have been known to get to the scene of a fire and then struggle to operate the fire
engine equipment. In addition to firefighting personnel not being trained on how to use the
firefighting equipment, it is claimed that they have failed to conduct drills and ensure that
their fire-fighting equipment is in working condition.
The government should establish firefighting training schools where adequate training can be
done to improve on the response to oil disaster. More so when equipment is bought, the fire
officers should get the adequate knowledge on how to use the new and modernised machines.
265

When oil tankers are involved in accidents, many times as in other kinds of disasters, the
police do not respond as fast as they should. This is because many of the accidents occur in
rural areas far away from police stations and so it takes the police a while to get to the scene.
The oil that the tankers are carrying starts spilling. More police stations and police vehicles
together with ambulances and fire brigade should be stationed along the roads so as to reduce
on issues of distance266

4.21.4 Sabotage
Sabotage as one of the reasons to blame when it comes to weaknesses in disaster
preparedness because some corrupt oil tanker drivers move while selling some of the oil that

264
Bigeye.ug/petroleum. Companies test fire preparedness
265
Fire and Rescue ManualVolume 2Fire Service Operations Incident Command
266
https://www.fema.gov/blog/2013-08-12/law-enforcements-role-responding-disasters

89
they are transporting and intentionally causing the accidents to cover this up. They often draw
huge crowds that scramble to scoop the oil resulting in accidental fires and many deaths and
injuries. A way of a monitoring device or system should be placed to track the movements of
the oil tankers and a signal to show the relevant office when the fuel tanker has reduced in
quantity before arrival at the destination267

4.21.5 Lack of Capacity by Police

In addition to arriving at the scene of the tanker accidents too late, the police often lack the
capacity to deal with the accidents and huge crowds as when they get to the scene, they are
normally not well coordinated. This leads to them being overwhelmed by the situation and
the huge crowds at the scene. When oil tankers are involved in accidents, many times as in
other kinds of disasters, the police do not respond as fast as they should.

The police should be specialized in training to be able to handle such situations. First, the
research also revealed that the police force does not have enough vehicles to respond to
emergency situations. The few vehicles available are normally assigned to serve numerous
police stations and are also not regularly serviced. Some are out of use due to mechanical
problems. Furthermore, these vehicles are based in police posts located in town centres and
so when an oil tanker emergency arises far from a town centre, it takes a while for a police
vehicle to become available that could transport police officers to the scene of the oil tanker
accident, after a vehicle becomes available, the police also face logistical problems such as
inadequate fuel allocations for patrols and emergency response.

4.21.6 Ambulance crew

The ambulances are mainly located in hospitals in major towns and take a while to respond to
oil tanker fire emergencies that mostly occur in remote areas far away from towns with this
kind of situation, it becomes impossible for ambulance crew to provide the necessary
emergency services needed to mitigate oil tanker fire disasters in Uganda.

This lack of capacity combined with the slow and inadequate response tooil tanker accidents
and spills turns them into disasters that could have been prevented. Although there is a
National Policy on Disaster Management in Uganda, this does not seem to translate into
267
Theconversation.com/blame-game-the-enemy-of-good-policy-when-disaster-strikes-10337

90
practice. Hence, the same mistakes are repeated over and over again leading to loss of life
and injuries.
Air ambulances which could respond more quickly are not available in Uganda could be
introduced to be able to reach out into far reaching areas. According to the Ministry of
Health, they do not have a single operational air ambulance in the country. The government
should purchase a number of these air ambulances to coordinate with the other stationed road
ambulances to improve on quick response

4.21.7 Ignorance
Findings from the research revealed that people only became aware of the risks involved in
siphoning oil once the fire has killed many people in a given incidence. Apart from poverty,
ignorance has also contributed hugely to the oil tanker fire disasters. People are unaware of
the dangers. Some of the oil tanker fires have been started by people who approach the scenes
of the leaking oil tankers while smoking cigarettes and then proceed to discard the burning
butts at the scene, hence igniting the oil (Focus group discussion, 2016). Such people are
ignorant of how dangerous oil spills are and require education and awareness on this. There
also seems to be ignorance on the dangers of siphoning oil from overturned tankers as people
are not aware that the heat generated by the engine of the oil tanker or other smaller vehicles
parked nearby could start a fire.

The research also revealed that people were ignorant of the law that says that it is against the
law to steal or take items from vehicles involved in accidents which is a common practice in
Uganda. According to the Ugandan laws, the Penal Code Cap 120, this is theft which is an
offence that is punishable. However, this law does not seem to be enforced by the police and
courts as people are never arrested and charged in court for siphoning oil or stealing property.
This has led to people if it is okay to take items from vehicles involved in accidents or siphon
oil from overturned tankers. Many children have been among those injured or killed in the oil
tanker fires mainly because ignorance and curiosity make them rush to accident scenes to see
what is happening. The children need to be educated on the need to avoid oil tanker accident
scenes.

4.21.8 Poor Road infrastructure

Most of the questionnaire respondents felt that poorly maintained roads contributed to the oil
tanker fire disasters. Many roads in Uganda are poorly maintained and this makes it easy for

91
oil tankers to overturn or be involved in accidents. In some areas, there are also no road signs
warning drivers of black spot areas. The senior police officer interviewed also claimed that
overloading of the oil tankers is another problem that is exacerbated by corrupt officials at oil
depots, revenue authorities and weigh bridges who take bribes to allow overloaded tankers
through the check points. This leads to destruction of roads and oil tanker accidents that
eventually turn into disasters.

4.21.9 Lack of effective monitoring system on maximum hours of drive

The oil tanker drivers also drive for long distances and become exhausted as fuel depots are
far from major towns. Some do not take enough rest due to pressure to deliver the oil as
quickly as possible, leading to oil tanker accidents that turn into fire disasters. Uganda does
not have an effective monitoring system that requires oil tanker drivers to drive for a certain
maximum number of hours per day in order to make sure that they do not overwork
themselves. Some of the accidents are also caused by careless and reckless drivers.

4.22 Conclusion
On the contrary, it will be a great task to find board members who are ethical and who will
act in good faith and with due diligence to the best interest of the Nation. Corruption in
Uganda is wide spread hence the possibilities of engaging in corporate crime, default in
internal and external controls and procedures, false audits and an expression of poor
performance in following government regulations. This has resulted in a focus on responding
to the immediate needs created by a disaster rather than preventing or reducing effects.

92
 CHAPTER FIVE
SUMMARY OF FINDINGS, CONCLUSIONS AND RECOMMENDATIONS

5.1 Introduction
The current response seems to be a reactive post-disaster response instead of proactive, pre-
disaster preparedness and mitigation response. There is “emphasis on response against
268
prevention in terms of Disaster management in Uganda.” It seems that many people
still think of disasters as accidents or events which cannot be anticipated.

5.2 Summary of Findings

5.2.1 Pipeline and Transportation:A strategic plan for the Transportation and Storage
Facilities of Petroleum Commodities and Products in Uganda has been developed with
assistance from the consultant WorleyParsons. Road networks in the Albertine Graben are
also being upgraded, starting with the Hoima-Buseruka-KaisoTonya Road whose
construction is ongoing.269

5.2.2 Regional Infrastructure Projects: The East African Community partner states are
working together to take forward development of key infrastructure such as pipelines,
Uganda’s refinery project, and the refurbishment of the railway network to support the
development of, and promotion of investment in the region’s emerging oil and gas sector270

5.2.3 Management plans for protected areas and relevant sector plans for the
AlbertineGraben: reviewed and updated, taking the oil and gas issues into consideration.
Management plans have been reviewed and updated for all the major protected areas in the
Albertine Graben as needed, paying special and focused attention to the potential impacts of
the oil and gas developments within the neighborhood of these fragile ecosystems. 271

A management plan, though not a legal document is a binding and guiding institutional
document for planning (including financing and prioritizing interventions), as well as
monitoring of actions of protected areas.

268
The Uganda Red Cross
269
ProgrammeDocumentStrengthening the Management of the Oil and Gas Sector in UgandaPhase II –2015-2018
270
https://pau.go.ug/midsteam/uganda-refinery-project/
271
strategic environmental assessment (sea)of oil and gas activities in the albertinegraben,ugand
ttps://pau.go.ug/site/assets/files/1116/seaforagugandafinalreport.pdf

93
Within the timeframe of the management plan, guidance for development within that
ecosystem is made, highlighting no-go areas and phased colonization for purposes of
biodiversity conservation. The institutions such as Uganda Wildlife Authority (UWA) that
have prepared these plans, have restructured and re-oriented their activities and mandates to
sufficiently capture necessary interventions towards petroleum activities

5.2.4 Hazardous waste management system strengthened:With technical support from

the Norwegian Environment Agency, the country was able to obtain the first independent
analytical characterization of the drilling hazardous waste stream. Subsequent undertakings
for this output have ensured that hazardous waste generated from petroleum activities is
handled and managed in a way that does not compromised the environment despite the
inherent risk. Hazardous waste from petroleum operations in the neighborhood of very
fragile/sensitive ecosystems within a land-locked country is a challenge for a developing
country. The first point of intervention is usually to fully understand and independently assess
the nature of the waste. A number of milestones have been achieved. 272

5.2.5 A National Supplier Database (NSD) was created in 2017 as a platform where
businesses interested in supplying the sector can register. To date, the database has 1,011
registered businesses of which 706 are incorporated in Uganda. On the 1st of February 2019,
the National Oil and Gas Talent Register (NOGTR) was launched and registration is ongoing.
The NOGTR is an electronic database of skillsets in the sector and will ensure that the PAU
is able to monitor the absorption of the available labour force in the sector273

5.2.6 Petroleum skills Uganda Limited (PSU) has been establishedas a premier
specialist provider of training services and short duration courses to enable for purposes of
protecting the oil industry and enabling Uganda to achieve its National Content. The
institution also provides among others fire reviews and risk assessment, training needs
Analysis and consultancy to deliver ISO 9001,14001. The institution also offers some health
and safety tips courses which can also be tailored to suit the student’s requirement Some of
which include Emergency First Aid Kits, First Aid at work, Firefighting and good breathing
apparatus.274

272
The Management of Hazardous Waste in Developing CountriesBy Daniel Mmereki, Adrew Baldwin, Liu Hong and
Baizhan Submitted: October 29th 2015Reviewed: March 14th 2016Published: October 19th 2016
273
https://pau.go.ug/site/assets/files/1105/press_release-nsd_article-final_2.pdf
274
http://pau.go.ug/uploads/NATIONAL_LOCAL_CONTENT_POLICY_FOR_PETROLEUM_IN_UGANDA.pdf

94
5.2.7 The researcher got information from health compliance report275on strengthening
the oil sector, an appropriate regulatory frame work for monitoring and regulating
compliance issues

5.2.8 An appropriate supervisory regulatory) frame work for monitoring and

regulating HSE-compliance put in place. Thiswas Developedfor undertaking HS audits,
Draft detailed regulations for supervisory activities276

5.2.9 A National Platform for Disaster Risk Reduction is functional and meets
monthly. Currently 75% of the districts have functional Disaster Management Committees.
An operational National Emergency Coordination and Operations Center (NECOC) is also in
place. It hasdeveloped and published multi hazard risk profiles and maps for 116 districts in
Uganda.277

5.3 Recommendations
The OPM should ensure that the draft Bill governing disaster risk reduction and management
tabled before Parliament is expedited. Specific Act of Parliament ought to be enacted to
operationalize the provision for a National law governing disaster risk reduction and
management.

The implementation of the various international treaties and frameworks in Uganda should
therefore occur through a proper law governing National implementation

The Ministry of Finance, Planning and Economic Development (MFPED),and Parliament

should operationalize the Contingency Fund.

Provision in the new bill must be made for accessing the Contingencies Fund as per the
PFMACT . Section 26which needs, clarity on how the 15% composition of the Contingencies
Fund for disaster preparedness and response can/should be utilized to finance Uganda’s
Disaster response.

275
Report for ministry of energy and mineral Development ,strebgthening the management of oil and gas sectorin Uganda
March 2009
276
NATIONALCONTENTPOLICYFORTHEPETROLEUM
SUBSECTORINUGANDA,http://pau.go.ug/uploads/NATIONAL_LOCAL_CONTENT_POLICY_FOR_PETROLEUM_I
N_UGANDA.pdf
277
https://www.finance.go.ug/sites/default/files/Publications/BMAU%20Policy%20Brief%208-19-Effectiveness%20of
%20Disaster%20Management%20and%20Disaster%20Risk%20Reduction%20in%20Uganda.%20What%20are%20the
%20challenges.pdf,accessed on 15/02/20

95
The MFPED should allocate LGsa specific grant directed towards disaster. Alternatively,
OPM should ensure disaster elements are incorporated into the grant allocation formulae for
LGsin order to make mainstreaming disaster preparedness, management and prevention into
sector budgets more effective. The merit of this approach is that such a criterion in the grant
allocation formulae ensures that districts affected by disasters are the main beneficiaries of
such financing in light of the limited nature of resources.

Disaster response Roles and responsibilities in disaster response must be clarified. Aspects
to be covered should include search and rescue, provision of relief (including international
assistance), early recovery, and long-term recovery. The possible resettlement of people
should be cross referenced to section 41 of the Land Act (also look at rehabilitation of land).

Communication, public awareness and information management Provision must be made

for the appropriate mechanisms, processes and structures for the effective communication of
disaster risk information to stakeholders to ensure public awareness and evoke

behavioural change. The role of the media, and communication with the media, must be
highlighted.

Training, education and research. This is critical element which the law must address is
capacity building and research. This section must highlight the legislative environment in
which disaster risk reduction training, education and research will occur. This section must
allude to the establishment of a strategic national research agenda and provide for the
identification of critical skills shortages and the manner in which these will be addressed.

96
97
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