An examination of the effectiveness of environmental protection laws in controlling illegal mining and industrial waste dumping in Uganda

Uganda's environmental legislation provides a substantial framework for controlling harmful extraction, pollution and waste disposal. The persistence of environmental damage nevertheless raises questions about the relationship between legal powers and their practical implementation. This article examines the effectiveness of environmental protection laws in controlling illegal mining and industrial waste dumping through doctrinal legal analysis supported by published research and official documentary evidence. It considers constitutional rights, the National Environment Act, Cap 181, the Mining and Minerals Act, Cap 159, the Water Act, Cap 164, and the regulations governing assessment, audit, waste and effluent. Ugandan decisions are analysed alongside a regional human-rights decision and a selected comparative judgment. Official audit findings are used descriptively to examine inspection coverage, institutional capacity and compliance concerns; they are not treated as national pollution estimates. The analysis finds that the framework contains preventive, administrative, criminal and restorative mechanisms, but legal effectiveness depends on reliable detection, competent evidence, coordinated mandates, procedurally sound decisions and verified remediation. Illegal extraction requires attention to the scope of authorization as well as environmental conduct, while industrial waste control requires traceability from generation to final treatment or disposal. Litigation can clarify duties and provide relief, but a declaration, closure or fine does not itself demonstrate environmental recovery. The article recommends coordinated compliance records, risk-based inspections, stronger waste-chain documentation, accessible community reporting, proportionate formalization of artisanal mining and enforceable restoration arrangements. It concludes that improving implementation and measuring environmental outcomes are more defensible priorities than assuming that higher penalties or additional legislation alone will resolve existing harms.

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Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2026-10-29
DOI
https://doi.org/10.5281/zenodo.23762479
Primary Topic
Environmental law and policy
Type
article
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article

An examination of the effectiveness of environmental protection laws in controlling illegal mining and industrial waste dumping in Uganda

NANTONGO MARY DINAH
2 links
Zenodo (CERN European Organization for Nuclear Research)
Environmental law and policy
article

An examination of the effectiveness of environmental protection laws in controlling illegal mining and industrial waste dumping in Uganda

NANTONGO MARY DINAH
article en

Abstract

Uganda's environmental legislation provides a substantial framework for controlling harmful extraction, pollution and waste disposal. The persistence of environmental damage nevertheless raises questions about the relationship between legal powers and their practical implementation. This article examines the effectiveness of environmental protection laws in controlling illegal mining and industrial waste dumping through doctrinal legal analysis supported by published research and official documentary evidence. It considers constitutional rights, the National Environment Act, Cap 181, the Mining and Minerals Act, Cap 159, the Water Act, Cap 164, and the regulations governing assessment, audit, waste and effluent. Ugandan decisions are analysed alongside a regional human-rights decision and a selected comparative judgment. Official audit findings are used descriptively to examine inspection coverage, institutional capacity and compliance concerns; they are not treated as national pollution estimates. The analysis finds that the framework contains preventive, administrative, criminal and restorative mechanisms, but legal effectiveness depends on reliable detection, competent evidence, coordinated mandates, procedurally sound decisions and verified remediation. Illegal extraction requires attention to the scope of authorization as well as environmental conduct, while industrial waste control requires traceability from generation to final treatment or disposal. Litigation can clarify duties and provide relief, but a declaration, closure or fine does not itself demonstrate environmental recovery. The article recommends coordinated compliance records, risk-based inspections, stronger waste-chain documentation, accessible community reporting, proportionate formalization of artisanal mining and enforceable restoration arrangements. It concludes that improving implementation and measuring environmental outcomes are more defensible priorities than assuming that higher penalties or additional legislation alone will resolve existing harms.

Zenodo (CERN European Organization for Nuclear Research)
Kampala International University (UG)
Responsible consumption and production, Peace, justice, and strong institutions
Openalex Percentile: Top 3%
Environmental law and policy
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An examination of the effectiveness of environmental protection laws in controlling illegal mining and industrial waste dumping in Uganda — NANTONGO MARY DINAH · Zenodo (CERN European Organization for Nuclear Research) (2026) | TGRS Research Map | TGRS