An analysis of the application of the public trust doctrine in sustainable wetland management in Uganda

Abstract

This dissertation presents a critical analysis of the application of the Public Trust Doctrine (PTD) in the sustainable management of wetlands in Uganda. The PTD, a principle of environmental law, mandates the State to act as a trustee of natural resources on behalf of the public. This study explores how this doctrine has been adopted, interpreted, and applied within Uganda’s legal and institutional frameworks governing wetland conservation. Employing a doctrinal legal research methodology, the study undertakes a detailed examination of constitutional provisions, statutory instruments, policy documents, and case law that shape the legal regime surrounding wetlands in Uganda. Key primary sources include the 1995 Constitution of the Republic of Uganda, the National Environment Act, the Land Act, and the Wetlands Sector Strategic Plan. Secondary sources such as academic literature, legal commentaries, and international conventions like the Ramsar Convention provide comparative and contextual insights into the development and application of the PTD both locally and globally. The study also incorporated a limited empirical component. Questionnaires were administered to selected officers from National Environmental Management Authority (NEMA) and Kampala Capital City Authority (KCCA) and to gather practical insights on the implementation of the PTD in wetland management. The analysis reveals significant gaps between the theoretical foundations of the Public Trust Doctrine and its practical application in Uganda’s environmental governance. Challenges such as institutional weaknesses, limited legal clarity, and conflicting land use interests continue to undermine the effective implementation of the doctrine in wetland protection. The study concludes by proposing legal and policy reforms to strengthen the role of the Public Trust Doctrine in promoting sustainable wetland management. These among others include; improved inter-agency coordination and the incorporation of international best practices. Ultimately, the research contributes to the growing discourse on environmental law and the importance of grounding natural resource governance in principles of public trust and sustainability.

Keyword: Public trust doctrine