‘No compensation for Lubigi evictees’ 

Addressing the public fallout from the forceful evictions, DR BARIREGA AKANKWASAH, the executive director of Nema, emphasized the critical importance of wetland conservation.

He noted that globally, the loss of wetlands is occurring at a rate three times higher than the loss of forest cover, despite the vital role wetlands play in supporting both human life and the planet’s health.

“In Uganda, the wetland cover has significantly decreased, from 15.6 per cent in 1994 to just 8.9 per cent in 2019. Recent assessments show a slight recovery to 9.3 per cent,” Dr Akankwasah stated.

He highlighted the necessity of these conservation efforts to ensure the sustainability of wetlands and their numerous benefits, including water filtration, flood control, and habitat for diverse species. Dr Akankwasah’s remarks come in the wake of Nema’s controversial eviction operations in the Lubigi wetland area, which have drawn public criticism and concern over the displacement of long-term residents.

The executive director’s statement aims to shed light on the broader environmental imperative driving these actions. Below is a slightly edited and shortened verbatim statement delivered at the Uganda Media Centre on June 24, 2024:

“We must not be tempted to follow the trends of the developed world because they led us to where we are now. To prevent further loss of wetlands in Uganda, a decision was made to suspend approvals of developments in wetlands effective September 2, 2021, until further notice, except for critical public infrastructure like roads, pipelines, railways, and telecommunication infrastructure, provided they are effectively guided by the Environment and Social Impact Assessment Processes.

Operations to halt further degradation have been conducted in Lwera, Lurindo in Rukungiri, Akadot in Kumi, Kanyabukanja in Buhweju, Kole, Rwizi in Mbarara, Kitagata in Bushenyi, Pece in Gulu, Nakaiba in Masaka, and Kyabwato and Rwengwe wetlands in Ntungamo, as well as the ongoing Lubigi wetland.

Before removing a person from wetlands, they are issued a Restoration Order in line with Section 133 of the Nema Act, 2019. It is an offense under Section 55 to encroach on wetlands, and it attracts a maximum sentence of 12 years in jail or a Shs 600 million fine, or both.

The Order gives an encroacher 21 days to restore and leave or appeal to the court. Thereafter, the government can forcibly remove the person and restore the place at the cost of the degrader. Restoration can be natural or assisted, where water channels are blocked and wetland flora is planted to expedite recovery.

This process was followed for the Lubigi operation. Restoration Orders were issued, and people were warned to leave as early as February- April 2016 for Nansana, 2018 for Nabweru area, 2019 for Nabisasiro, August 2022 for Nansana, Sentema, Busega, and Nabisasiro, December 2023 for Busega, and April 2024 for Lubigi in general.

Earlier in 2012, major evictions in Lubigi resulted in the successful removal of Bemba Musota (the witchdoctor) and the taxi park. Satellite images and our monitoring indicate that the majority of the encroachments occurred from 2011 to 2015, with evictions and re-entry continuing to date.

The peak of encroachment was as recent as 2022. Currently, 214 households have been removed, and 101 more households are due for removal, making a total of 315 mapped and served households. This is a countrywide exercise, and we call upon everyone in wetlands to vacate peacefully to avoid the inconvenience that may come with enforcement operations.

Ordinarily, the evicted encroachers are supposed to compensate the government for the cost of restoration in line with Section 133 of the
Act. The government cannot compensate encroachers as this would not only invite more encroachments but also be a tacit approval of illegality.

Some infrastructure in wetlands was established with due process of government approval, and removing them would result in liability to the government. For instance, the fuel station in Lubigi obtained approvals in 2017. There are other establishments with past approvals, including some factories. These have been left until the government decides on such cases.

The public should not see this as selective enforcement but, rather, as prudence to avoid the loss of public funds in avoidable compensations.

WHERE WAS NEMA?

The management of wetlands in Uganda is primarily the responsibility of local governments, urban authorities, and the Department of Wetlands Management within the Ministry of Water and Environment. Nema (National Environment Management Authority) serves in a regulatory, monitoring, supervision, and coordination role.

However, these mandated institutions often lack sufficient personnel, equipment, and operational funds to effectively oversee every inch of Uganda’s wetlands. Nema itself has historically been understaffed, with its workforce ranging from 65 to 132 staff members until 2023, when this number increased to 217.

Even if Nema were to assign one staff member per district, it would still fall short of the ideal staffing level, which is estimated at 2,570 personnel, including 2,000 enforcement officers. Currently, most districts have no more than three environmental personnel.

Moreover, even with all necessary resources, it would be impractical to oversee every part of Uganda’s wetlands. This level of surveillance does not occur anywhere in the world. Encroachers often degrade wetlands at night and during weekends, taking advantage of the cover of darkness.

Section 3 of the National Environment Act, 2019, places the duty on every person to create, maintain, and enhance the environment, including the responsibility to prevent pollution. Therefore, it is essential for all citizens to take responsibility for protecting the environment rather than waiting to be stopped from committing environmental crimes.”