The principle of intergenerational equity in Uganda’s legal framework

Abstract

This study is an exploration of the integration of the principle of intergenerational equity in Uganda’s legal framework. It compares the legal framework with jurisdictions that have adopted and incorporated the principle in their legal frameworks and whose incorporation has been adopted by the courts of law to guide decisions that affect future generations to comprehend the extent to which Uganda has adopted the principle and integrated the same in jurisprudence based on which lessons have been drawn to address the issues in Uganda’s legal framework and suggestions for improvement. Four main research questions were explored namely; i) what is the historical evolution of the Principle of Intergenerational Equity? ii) what is the Principle of Intergenerational Equity?, to what extent has the principle of intergenerational equity been integrated in Uganda’s Legal Framework? And what are the actionable legal and policy recommendations on how Uganda can integrate the principle of intergenerational equity in its legal framework? This study submits that intergenerational equity calls for the utilization of resources by the present generation in consideration of the future generations. Uganda has introduced laws for the sustainable management and use of resources and yet even with these laws, Uganda does not explicitly provide for the principle of intergenerational equity as a guiding principle or provide for the rights of future generations under its bill of rights. This study concludes that Uganda should adopt and incorporate the principle of intergenerational equity in its legal framework to guide the decisions of court when determining the matters of future generations. Only then will Uganda uphold the principle as established in International Environmental Law.