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THE ROLE OF LOCAL GOVERNMENTS IN MITIGATING THE IMPACTS OF EXTRACTIVES ON NATURE AND CLIMATE

Uganda's natural bounty extends far beyond fertile farmlands and breath-taking landscapes. Beneath the surface lies a wealth of mineral deposits and vast oil and natural gas reserves, which offer a path to economic development. However, the extractive industries that tap into these resources, such as mining and oil drilling, can devastate the environment. Extractive industries can leave a trail of environmental degradation, disrupt ecosystems, and contribute to climate change. These environmental dangers lurking, such as habitat fragmentation and loss, water contamination from improper waste disposal, air pollution, land degradation, and climate change, have a ripple effect not only on biodiversity but also on the livelihoods of local communities that depend on healthy ecosystems for food, water, and income generation. Striking a balance between harnessing this economic potential and safeguarding the environment is a critical challenge for Uganda, with local governments playing a crucial role in mitigating the damage. While promising economic benefits, Uganda's embrace of the extractive sector presents a significant threat to the country's rich biodiversity and environmental health that needs attention. This article explores local governments' role in mitigating extractive activities' impact on nature and climate.

Background

Uganda is the 14th most vulnerable country and ranked 163rd on readiness.¹ Its high vulnerability to climate change score (35.1) and low readiness score place Uganda in the upper-left quadrant of the ND-GAIN Matrix.² It has a great need for investment and innovations to improve readiness and a great urgency for action. Uganda is already experiencing the harsh realities of climate change, with shifting weather patterns, declining water levels, and more frequent floods and droughts. These events have a severe social and economic impact, leaving communities even more susceptible.³ Unfortunately, the extractive sector, a key driver of Uganda’s economy, contributes to the very problem it thrives under – climate change.⁴ Greenhouse gas emissions, deforestation, and habitat destruction associated with mining activities and oil exploration worsen Uganda's vulnerability score. These impacts are felt most acutely at the local level, making a proactive response from local governments crucial.⁵ The Ugandan Constitution (1995)⁶ empowers local governments to act as stewards of the environment, promoting sustainable resource use and protecting biodiversity. Their proximity to local communities and these extractive activities gives local governments a unique understanding of the challenges at hand. The decentralisation policy further strengthens their role by granting them broad responsibilities related to climate change, including community engagement, environmental regulation, land-use planning, and implementing adaptation measures.

Tackling Environmental Challenges: Laws, Policies, and Commitments

Recognising the environmental impact of the extractive sector, the Ugandan government has instituted various measures to promote sustainable development and mitigate climate change. These efforts, with a robust legal framework, form a central strategy for protecting ecosystems and building resilience in a changing climate. The Mining and Minerals Act (2022) and the National Environment Management Act (2019) establish clear regulations for environmental protection and sustainable practices across the extractive sector. Notably, the discovery of commercially viable petroleum deposits in 2006 prompted a review of these laws to ensure effective governance in this sector.⁷

The government has ratified key international treaties and developed national plans demonstrating its global commitment to environmental sustainability. Uganda became the first African nation to endorse its Nationally Determined Contribution Partnership Plan (NDC-PP) in June 2018. This plan outlines a series of commitments, including a 22% reduction in national greenhouse gas emissions by 2030 and increased climate resilience for vulnerable sectors. Further solidifying its stance, Parliament enacted the Climate Change Act (2021). This act guides the country's response to climate change and integrates key international agreements such as the UN Framework Convention on Climate Change, the Kyoto Protocol, and the Paris Agreement into Ugandan law. Additionally, the Cabinet approved a Green Growth Strategy, which aims to achieve an inclusive emissions economic growth process that emphasises effective and efficient use of natural, human and physical capital and also signed up to the Bonn Challenge - a global goal to bring 150 million hectares of degraded and deforested landscapes into restoration by 2020 and 350 million hectares by 2030. ⁸

Role of Local Governments in Mitigation

Local governments stand at the forefront of the fight against climate change, particularly when mitigating the environmental damage from extractive sector activities. Their proximity to vulnerable communities and responsibility for enforcing environmental regulations make them crucial players. Local governments are pivotal in community engagement and raising awareness about extractive activities' environmental and climate impacts. They can organise community engagement programs to educate residents, fostering a sense of environmental stewardship and encouraging sustainable practices. This aligns with the National Environment Act (2019), which mandates the creation of district environment committees specifically for promoting environmental awareness (Section 28).

Effective monitoring and enforcement of regulations fall directly on local governments. Local governments can enact bylaws and ordinances and enforce national environmental laws and regulations to ensure environmentally sustainable practices. This includes monitoring emissions, regulating waste disposal, and setting standards for land reclamation after extraction – all crucial aspects mandated by both the Mining and Minerals Act (2022) (Section 27) and the National Environment Act (2019). By leveraging this legal authority, local governments can significantly reduce the negative impacts of extractives on the environment.

Local governments wield significant power through land-use planning. By implementing zoning regulations, they can prevent harmful extractive activities from encroaching on ecologically sensitive areas, thus protecting biodiversity and promoting sustainable land use practices. The Local Governments Act (Cap 243) empowers them to develop and implement development plans, including land-use planning initiatives (Section 35(3)). This allows them to address land degradation, deforestation, and water pollution – common consequences of extractive activities. Effective land-use planning ensures responsible and sustainable operations by designating specific zones for extractives, considering environmental sensitivities and biodiversity importance.

Local governments can lead local adaptation by spearheading community-based initiatives that build resilience against climate change impacts stemming from extractive activities. Such initiatives include afforestation programs, water management projects, and promoting sustainable agricultural practices. These local-level initiatives are critical for long-term environmental health and community well-being.⁹

Challenges

Despite their central role, local governments have poorly performed this mandate partly due to several challenges and limitations, including the following:

• Understaffed and under-resourced natural resource department at the districts: At the local government level, climate change is anchored within the natural resources department, ensuring that all departments' climate change issues are integrated into District Development plans. However, these natural resource departments are often understaffed and under-resourced, limiting their ability to coordinate and mainstream environment and climate action across different sectors.¹⁰
• Limited enforcement and implementation of existing laws and policies: Local governments are less involved in conducting and monitoring the implementation of environmental impact assessments and mitigation measures, yet they are better placed to monitor environmental abuses. Budgetary constraints also restrict the dissemination of information on key legislation, such as the National Climate Change Act (2021) that outlines vital steps, including a national framework strategy and action plans at both national and district levels, but without proper dissemination, effective action stalls. Additionally, corruption undermines enforcement efforts and leads to environmentally damaging practices.¹¹
• Lack of technical expertise and financial resources hindering local government action: Local governments are impeded by a lack of technical expertise and financial resources. Whereas the Local Government Act empowers them to create ordinances and bylaws for environmental protection, limited funding and a shortage of skilled personnel often stifles this ability. Even when these regulations exist, enforcement suffers from a lack of commitment to environmental well-being.¹²

Recommendations

The extractive sector presents a complex challenge, but local governments are key to mitigating environmental and biodiversity dangers. Here's what needs to be done at the local level:

• Recruitment to fill vacant critical positions in the natural resource departments. The Ministry of Public Service and the Ministry of Finance Planning and Economic Development should support local governments in filling critical vacant positions in Natural Resource departments to ensure that it achieves its mandate of promoting and ensuring sustainable natural resource use and management.
• Support local governments to put local communities at the centre of the design and implementation of land use plans at the outset, to better sustain local livelihoods and environmental protection. Local governments can steer development away from ecologically sensitive areas. Zoning regulations and protected area designations can prioritise conservation while directing extractive projects to less vulnerable sites.
• Strengthen local governments' involvement in environmental impact assessment processes. This will ensure a thorough evaluation of the potential environmental consequences of the extractives. Local knowledge about the ecosystem and community needs should be integrated into the assessment processes to ensure responsible practices.
• Equip local governments with the necessary knowledge and expertise. The government should initiate training programs on environmental management, monitoring, and enforcement skills to empower local authorities to manage complex extractive projects effectively. Local governments need the resources and expertise to effectively monitor extractive activities. This includes holding companies accountable for environmental regulations, ensuring proper waste disposal, and implementing land reclamation techniques to minimise long-term damage.

Conclusion

The extractive industry presents a complex web of economic opportunities and environmental challenges for Uganda. Local governments are very critical of environmental law enforcement in the context of extractive industries. Currently, local governments are less involved in conducting and monitoring the implementation of environmental impact assessments and mitigation measures, yet they are better placed to monitor environmental abuses. This said, local governments should be supported in executing their environmental impact monitoring role. Local governments, empowered with the necessary resources and support, are key players in ensuring responsible development. By acting as gatekeepers of the land, safeguarding the environment, enforcing regulations, and building partnerships, they can mitigate the negative impacts including the elephant in the room – climate change, ensuring Uganda's extractive sector contributes to economic growth without sacrificing the country's precious environment and biodiversity.

© 2024 Advocates Coalition for Development & Environment. All Rights Reserved

Plot 96, Kanjokya Street. Box 29836, Kampala-UGANDA
Tel: +256(0) 312812150 Email: acode@acode-u.org

www.acode-u.org

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