A legal analysis of the protection of health rights in the promotion of the oil and gas industry in Uganda

Abstract

The discovery of oil and gas in any country is usually considered a blessing due to its well-founded role in guaranteeing sustainable economic development. However, the oil and gas exploration and production process comes with adverse effects, in particular, the upstream activities that usually pollute the environment and subsequently destroy the natural ecosystems thereby threatening human livelihood, notably the right to a clean and healthy environment. This study was guided by three specific objectives; to analyze the effectiveness of the law in protecting the environment from oil and gas activities, the efficacy of the law in promoting the right to a clean and healthy environment, and to examine the feasibility of the existing institutional framework to protect the environment from the adverse effects of oil and gas activities in Uganda. The study adopted a qualitative doctrinal legal research design and systematically collected legal and non-legal textual data. Content and thematic data analysis techniques were applied in analyzing and interpreting the data collected. The study revealed that several legal instruments were formulated to govern the activities of oil and gas in Uganda. Overall, the laws strongly emphasize the necessity to manage the environment sustainably, strict application of pollution control license, application of strict liability for any damages to human health and the environment, and oil and gas project developers are mandated to apply the mitigation hierarchy as indicated under the laws. The institutions concerned have specialized units that perform specific responsibilities to ensure the provisions of the laws are properly implemented. The study recommends that the laws should be periodically revised and their provisions be implemented without fear or favor to achieve its objective of preserving the environment.

Key Words: Legal analysis, Health rights, Oil and gas industry.