VALORES PROPIOS

In order to operationalise and enforce provisions in wildlife policies, the Government of Uganda, in line with the National Constitution (RoU, 1995b) enacted legislation including the Land Act (Cap 227 of 1998) (RoU, 1998), the National Forestry and Tree Planting Act (8 of 2003) (RoU, 2003), the Uganda Wildlife Act (Cap 200 of 1996) (RoU, 1996), and the National Environmental Act (Cap 153 of 1995) (RoU, 1995c).

4.3.1 The Constitution of the Republic of Uganda (1995)

The Constitution of the Republic of Uganda (RoU, 1995b) identifies good governance, the rule of law, the environment, social and economic development, human rights and freedoms, and culture among others in promoting development. Section XXVII (ii-iv) of the Constitution empowers the State to take actions to reduce damage and destruction of natural resources such water, land and air through sustainable natural resource use (RoU, 1995b). The State, through the support of local government is empowered to create protected areas such as parks, recreation areas, and reserves to promote conservation and management to enhance rational utilisation of natural resources (RoU, 1995b). Based on the lessons from the “protectionist model”, sustainable natural resource can only be successful through promoting CP. In support of this objective, the government enacted the Uganda Wildlife Act (Cap 200 of 1996) (RoU,

45

1996), National Environmental Act (Cap 153 of 1995) (RoU, 1995c), Land Act (Cap 227 of 1998) (RoU, 1998) and National Forestry and Tree Planting Act (8 of 2003) (RoU, 2003).

4.3.2 Wildlife Act (Cap 200 of 1996)

As in many African countries, the State holds ownership of protected areas on behalf of the community and the community has controlled access to protected resources. It is noted that even if natural resources are won private land, private owners are obliged to manage wildlife based on established laws and policies (Kameri-Mbote, 2005: 5).

According to section 3 (1) of the Act, ownership of wildlife is vested in the government on behalf of, and for the benefit of, the people of Uganda (RoU, 1996). Collaborative agreements based on a Resource User Agreement (RUA) between the community and the UWA are made on the management of wildlife. The RUA is renewed every two years. However it can be terminated at any time if the community is not complying with the agreed terms and conditions.

Section 69 (4) provides that collaborating communities are eligible for a revenue benefit of 20 per cent from park entry fees which is used for the development of their community. However, in practice most communities do not receive the 20 per cent revenue due to corruption and influence at government level. The funds are miscellaneously disappearing within the administration and the local communities are left with no benefits from wildlife management.

Under section 59, communities or individuals are not allowed to hurt or kill protected wildlife unless they have been legalised by the UWA. In the event that an individual kills or hurts a protected wild animal (accidentally or in self-defence), they may report the action to any officer in charge and they are requested to provide proof of their statement.

4.3.3 National Environment Act (Cap 153 of 1995)

The National Environmental Act (Cap 153 of 1995), section 2 provides for the general principles of environmental management in order to conserve and protect the environment and its resources for the people of Uganda (RoU, 1995c). The Act (Cap 153 of 1995) obligates equitable sharing of benefits for both present and future generations while considering the population growth and resource productivity. In order to embrace CP, section 42 (VI), suggests that environmental management may be promoted through the integration of indigenous knowledge and scientific knowledge. Embracing indigenous knowledge promotes a sense of ownership and respect among community members since they feel they are part of the project (RoU, 1995c). Section 67 (2) (a & b) of the Act, suggests that if the State identifies any person

46

exploiting natural resources, an environmental restoration directive may be issued under subsection 1 requiring a person or community to restore the destroyed environment to its original state. Section 102 identifies that offenders of this Act may be subjected to a fee of between thirty thousand and three million Ugandan shillings or imprisonment of not less than three months or the offender may serve both punishments (RoU, 1995c).

4.3.4 The Land Act (Cap 227 of 1998)

Section 43 of the Land Act (Cap 227 of 1998) suggests that any person who owns or occupies land shall manage and utilise it in accordance to the National Forestry and Tree Planting Act (8 of 2003), the National Environment Act (Cap 153 of 1995), the Uganda Wildlife Act (Cap 200 of 1996) and any other relevant law.

Section 44 (1) of the Land Act (Cap 227 of 1998) states that the government shall hold in trust for the people and protect all natural resources be it surface and under-ground water, national parks, and any other land reserved for ecological and touristic purposes to benefit the people of Uganda. The land shall be leased out or otherwise alienated any natural resources referred to in this section by the government or local government (RoU, 1998). It is noted that local government on behalf of the State represents local communities at the State level. However, local government does not fully embrace CP since it works under the influence of the State but not the local community. Section 43 (4-5) identifies that the government or local government may issue permits or licenses to local communities or persons to promote sustainable utilisation of natural resources. The government or local authority will continually monitor communities with licences or permits to check whether the environmental performance is under the agreed terms and conditions (RoU, 1998). This promotes responsibility of good citizenship as identified in the Constitution of Uganda (RoU, 1995b). Communities with permits are expected to monitor and report any unsustainable activity to the local government while in return using sustainable harvesting permitted wildlife resources.

4.3.5 The National Forestry and Tree Planting Act (8 of 2003)

According to section 8 (4) (c), of this Act, the State shall promote CP in forest management to ensure sustainable forestry use especially in rural communities (RoU, 2003). Section 8 (c) identifies that animals and plant indicators shall be maintained and managed by the concerned authority such as the UWA and the NFA in partnership with the local community (RoU, 2003).

47