By Bakampa Brian Baryaguma
[Dip. Law (First Class)–LDC; Cert. Oil & Gas–Mak; LLB
(Hons)–Mak]
bakampasenior@gmail.com;
www.huntedthinker.blogspot.ug
August 2022
1.
Introduction
1.1.
Definition of Key Terms
1.1.1.
Forest
In its literal or ordinary sense, a forest means a, “(large area
of) land covered with trees (and often undergrowth);[1] or, “the trees growing
there.”[2]
More technically, however, section 3 of the National Forestry and
Tree Planting Act, No. 8 of 2003 (hereinafter “the NFTPA”), defines a forest as
an area of land
containing a vegetation association that is predominantly composed of trees of
any size, and includes a forest classified under this Act; a natural forest,
woodland or plantation; the forest produce in a forest; and the forest
ecosystem. Further, the section defines a forest ecosystem as any natural or semi-natural formation of vegetation whose
dominant element is trees, with closed or partially closed canopy, together
with the biotic and abiotic environment.
1.1.2.
Central Forest Reserve
A Central Forest Reserve (CFR) is a body of forest or woodland
managed by the NFA under the NFTPA. There are over 506 Central Forest Reserves
in Uganda,[3] which are part of the protected areas, covering
12,657.47 km² or 6.3% of the total land area of Uganda. They compose
of natural forests and forest plantations mainly of pine and
eucalyptus species.
1.1.3.
Forestry Resources
To my mind, forestry
resources are wealth, goods or raw materials located in and around a forest. In
Uganda, forestry resources benefit people in
form of food, energy, employment,
incomes, agriculture, environmental services like supply of clean water and maintenance
of soil fertility,
general good quality of life and increased resilience to shocks and
stresses.[4]
These benefits are especially important to the poor
who cannot afford alternatives such as piped water or
fertilizers.[5]
1.2.
National Forestry Authority: Establishment and Mandate
The National Forestry Authority (NFA) is a semi-autonomous agency
mandated to manage Central Forest Reserves in Uganda.[6] CFRs are forest
reserves that are owned by the Government of Uganda, for and on behalf of the
people of Uganda.
The NFA is a legal entity – a body corporate – established by
section 52 (1) of the NFTPA, which states that, “There is established the
National Forestry Authority.” Under sub-section (3) of section 52 of the NFTPA (read
together with section 3 thereof), NFA is under the general supervision of the Minister
responsible for forestry.
The functions of NFA are stipulated by section 54 of the NFTPA as
follows:
54. Functions of the Authority
(1) The functions of the
Authority are —
(a) to develop and manage
all central forest reserves;
(b) to identify and
recommend to the Minister, areas for declaration as central forest reserves,
and the amendment of those declarations;
(c) to promote innovative
approaches for local community participation in the management of central
forest reserves;
(d) to prepare and implement
management plans for central forest reserves and to prepare reports on the
state of central forest reserves and such other reports as the Minister may require;
(e) to establish procedures
for the sustainable utilisation of Uganda’s forest resources by and for the
benefit of the people of Uganda;
(f) to co-operate and
co-ordinate with the National Environment Management Authority and other lead
agencies in the management of Uganda’s forest resources;
(g) in conjunction with
other regulatory authorities, to control and monitor industrial and mining
developments in central forest reserves;
(h) in consultation with
other lead agencies, to develop, or control the development of tourist facilities
in central forest reserves;
(i) to enter into an
agreement or other arrangement with any person, for the provision of forestry
services, subject to such charges as may be agreed upon;
(j) to carry out or
commission research for the purposes of conservation, development and utilisation
of forests, and for the conservation of biological diversity and genetic
resources; and
(k) to ensure the training
of forestry officers and other public officers in the development and sustainable
management of forests.
(2) The Authority may, in
addition to the functions specified in subsection (1), perform any of the
following functions in accordance with a contract entered into for the purpose,
and subject to such charges as may be agreed upon—
(a) inspect, monitor and
co-ordinate local governments in the management of their respective local
forest reserves, and produce reports on the state of local forest reserves as
the Minister may require;
(b) provide technical
support and guidance to District Forest Officers in their delivery of forestry
advisory services relating to community forests, private forests, the promotion
of tree planting, growing and forestry awareness;
(c) supervise and train
local governments in the implementation of the provisions of this Act relating
to the planting, protection and conservation of trees and forests;
(d) advise on innovative
approaches for local community participation in the management of local forest
reserves;
(e) advise on, and support
the preparation of management plans for local forest reserves, private forests
and other forests on private land;
(f) in conjunction with
other lead agencies, monitor and guide the development of tourist facilities in
local forest reserves, private forests and other forests on private land; and
(g) liaise with the National
Environment Authority in the protection of Uganda’s forest resources, and the
evaluation of environmental impact assessments undertaken in accordance with
section 38.[7]
(3) The Authority shall
perform such other functions as may be conferred on it under this Act or by the
Minister in writing.
The law gives NFA leverage to ensure that forest resources in Uganda
are well regulated for
the economic, social and environmental benefits for all the people of
Uganda.
1.3.
Forestry Resources in Uganda: Nature and Purpose
1.3.1.
Nature of Forestry Resources
Forestry resources in Uganda are of two distinct kinds: wood and
non-wood. Wood forest products include timber, firewood, charcoal, plywood and
transmission poles, among others; while non-wood
forest products include rattan
cane and others that may be conveniently categorized as food products
and food additives, medicinal products, clothing, and products used for house
construction amongst other uses.[8] The notable ones in these categories are sand,
thatch grass, fitteos, palm leaves, wild coffee, butter flies, pet animals,
edible rats and other small animals, honey, Aloe Vera, drums and fiddles, tonic
root, bark powder from Prunus Africana, bark cloth, medicinal extracts from Warburgia
Ugandensis and other plants, bamboo shoots, shea butter, tamarinds, African
tulip, gum arabica and mushrooms.[9] Others are water, fibres, vegetables and
wild fruits.[10]
1.3.2.
Purpose of Forestry Resources
The ultimate purpose of forestry resources in Uganda can be
inferred from the purposes of the NFTPA itself – notably section 2 (d) thereof –
as being to benefit the people of Uganda, through improvement of livelihoods,
by contributing to poverty eradication.
2.
Commercial Exploitation of Forestry Resources
There is tremendous growth of commercial exploitation of forestry
resources that is attributed to growth in various sectors of the economy e.g.
construction, energy for small & medium-scale processing industries and farmland,
which use forest products; and so increased their demand, thus escalating
pressure on forest resources and forestlands.[11] The State of Uganda’s Forestry, 2016 report projected
that proceeds from commercial use of forest resources contribute 6% to Uganda’s
gross domestic product and that by 2004, made 11-27% of annual contribution to
household cash income for families residing close to forest reserves.[12] It
was found that, “Most people use forest
resources as inputs in their production activities....”[13]
3.
Conservation of Forestry Resources
The increase of commercial exploitation of forest resources is met
with phenomenal growth of investment efforts in the forestry sector, geared
towards conservation of forestry resources for the sustained benefit of present
and future generations.
The National Forest Plan,
2013 observed that, “There has been a tremendous growth of interest in
commercial forestry by medium and small scale tree growers since the inception
of the [Plan] in 2002;”[14] and that, “In the period 2002 to 2008, the private
sector invested Ushs 90 billion in commercial forestry.”[15] This tremendous
growth is driven by the emergence of new financing opportunities courtesy of
corporate social responsibility among large private companies (mainly with
international connections) and national statutory bodies. Moreover, more new opportunities are
reflected in non-traditional forest products and services which were not
prominent as generators of forestry revenues, but are now becoming more marketable
and a promising source of income for the forest owners, for example ecotourism,
art and crafts, bee products, carbon and biodiversity, among others.[16]
4.
Regulation of Commercial Exploitation and Conservation of Forestry
Resources
This twin growth in forestry investment and
consumption / exploitation reflects an achievement of the change in the national planning framework from a poverty eradication
approach that prevailed in 2002, to the national
enterprise approach that currently obtains, which is the main philosophy in
Uganda’s National Development Plan (NDP) of 2010.[17] But perhaps it also shows
success of the legal, institutional and policy framework through which the country’s
forestry sector is managed and regulated.
According to the National Forest
Plan, 2013,[18] the responsibilities and functions for forestry sector
management are done by the following institutions:
(a)
Forestry Sector Support
Department (initially Forestry Inspection Division) as the technical arm of the
Ministry responsible for forestry;
(b)
National Forestry Authority to
manage Central Forest Reserves; and
(c)
District Forestry Services to
promote responsible management of forests outside the protected areas.[19]
It should be noted however, that the National Forestry Authority
is the lead agency in regulating commercial exploitation and conservation of
forestry resources. There is concern though that, “Overall, the NFA has not
fared as anticipated at its inception.”[20] This has been attributed to weakness
in enforcement and compliance due to inadequate institutional capacity
in terms of human and financial resources and
corruption in the sector, but also lack of political support to the sector.[21]
Evidence of corruption in the sector was proved in the case of National Forestry Authority v. Omuhereza Basaliza
William, Kanyabuzana Pauline, Burikarara Joseph, Tugume Mugisha Ephraim,
Bahemuka Paul and 35 Others,[22] wherein having considered
the totality of the case, the Court of Appeal of Uganda stated that, “The whole
of the plaintiffs’ now respondents claim was a fraud and a grand corruption
scheme, orchestrated by technical officers from the land office, the surveys
department, local authorities and financed by commercial land grabbers. The
other claimants were just pawns in the game of chess.”[23]
This notwithstanding, a close reading of section 54 of the NFTPA
reveals NFA’s main role
in the forestry sector as being mainly to:[24]
1.
Develop
and manage all central forest reserves.
This
role is derived from section 54 (1) (a) of the NFTPA. The main purpose of
developing and managing central forest reserves is to provide quality goods and
services to the people of Uganda, as stated in the State of Uganda’s Forestry, 2016 report–
… the focus of the forestry sector under the
revised [National Forest Plan, 2013] will be the development of products and
services which have high contribution towards social-economic
transformation. The business approach … provides a re-orientation of forestry
resource management with special attention to developing forestry-related
enterprises that contribute to economic growth, employment, prosperity
and improving public service delivery. The achievement
of the [National Forest Plan] objectives depends on the improvement of the
forest resource
base and its productivity to counter deforestation and forest degradation,
and
to step up supply of goods and services that support enterprise development in
the
sector. Therefore, all efforts in the sector will focus on increasing the
quantity and
quality of planted trees, and enhancing the productivity of natural forests
both within
the Protected Areas (PAs) and on private land.[25]
Consequently, in a bid to support
enterprise development in the
sector and supply high quality forestry-related products and services, NFA has legalized
certain activities notably harvesting timber, re-planting trees and tourism.
2.
Identify
and recommend to the Minister responsible for forestry, areas for declaration
as central forest reserves and amend those declarations.
This role is stipulated under section 54 (1) (b) of
the NFTPA. The law has facilitated the creation of 506 central forest reserves
totaling about 1,200,000 hectares.[26] Examples of central forest reserves in
Uganda are Budongo in Masindi/Hoima Districts,
Bugoma in Kikuube District,
Buhungiro
in Kyegegwa District, Bujawe
in Hoima District,
Bundekiki
in Bundibugyo District, Bwambara in Rukungiri District, Echuya
in Kisoro/Kabale
Districts, Fort Portal
in Kabarole District, Fumbya
in Masindi District, Guramwa
in Kibale District, Ibamba in
Hoima District,
Ibambaro
in Kabarole District, Ihimbo
in Rukungiri District and Mabira in Buikwe District.[27]
Central forest reserves
in Uganda are facing huge challenges threatening their existence. The State of Uganda’s Forestry, 2016 report
stated that, “The wave of
encroachments and other illegalities that have thrived for long in forests outside
Protected Areas (PAs) have spilled over into some of the [Central Forest Reserves]
and forced NFA
to spend a sizable portion of its annual budget on law enforcement activities.”[28]
A more recent and prominent example of this concern is the matter of Buhungiro
Central Forest Reserve in Kyegegwa District, part of which had been taken over
by encroachers and land grabbers until they were evicted by NFA, which eviction
was allowed to stand by the Court of Appeal in the case of National Forestry Authority v. Omuhereza Basaliza
William, Kanyabuzana Pauline, Burikarara Joseph, Tugume Mugisha Ephraim,
Bahemuka Paul and 35 Others.[29]
Briefly, the facts of the case were that in 2013, the
Respondents, claiming to be lawful customary owners of the suit
land, sued NFA for unlawfully evicting them, in the High Court of Uganda at
Fort Portal. They claimed that the central forest reserve does not extend to
the land they own; that it is distinct from their land; that their grandparents
bequeathed the land to them; and that they have settled, occupied, developed,
utilized and possessed the land with various seasonal and permanent crops for a
very long time. They also stated that UPDF, Police and Local Defence Unit
officers unlawfully and brutally evicted them from the land in 2011. The High
Court (Mr. Justice Oyuko Anthony Ojok), relying on the findings of a surveyor
that the Respondents’ (then Plaintiffs) land was excess land not forming part
of Buhungiro forest reserve, decided in favor of the claimants, holding that
their land did not form part of the forest reserve. NFA appealed to the Court
of Appeal in 2018, arguing that the suit land was a forest reserve and that
when Buhungiro central forest reserve was gazetted, all the occupants vacated
voluntarily.
On 21st July 2020, the Court of Appeal empanelled by
Justices Kenneth Kakuru, Stephen Musota and Christopher Madrama delivered its
judgment in the case. In his lead judgment, with which the rest concurred,
Justice Kakuru judged in favor of NFA, holding that: the claimants were not
customary owners of the suit land as there is no evidence that they had lived
on the suit land for a long time;[30] the technical team erroneously arrived at
a conclusion that the disparity of 427.86 hectares between the physical survey
records and the gazette was excess land; that this was a land grabbing scheme hatched
by Omuhereza Basaliza William (the 1st Respondent), Bahemuka Paul
(the 5th Respondent), Tinkasimire Begira and Aloysious Begira, with
support from unknown public servants in local administration and the land
office, in the guise of occupying excess land;[31] Buhungiro Central Forest
Reserve was categorized as a central forest reserve by the 1995 Constitution, the
Land Act of 1998 and Statutory Instrument No. 63 of 1998; and, Buhungiro Central
Forest Reserve covers an area of 1,447.86 hectares as reflected on the Boundary
Plan Map Number 1345, survey map sheet Nth A 6. S. IV map sheet reference No.
67/2 KYAKA and not approximately 1,020 hectares as indicated on schedule to
Statutory Instrument No. 63 of 1998. He therefore ordered the schedule to S.I.
63 in respect of KA/1, Buhungiro, Kabarole series sheet and 732 D.O.S Map Sheet
Reference 67/2 BP 1345 be amended in the last column by deleting therefrom
1,020 hectares and substituting the same with 1,447.86 hectares.
NFA and the Judiciary should be hailed for defending Buhungiro
Central Forest Reserve and saving it from destruction by land grabbers. Similar
efforts and commitment are expected in defence of many others undergoing
attack.
3.
Develop
innovative approaches for private sector and local community participation in
the management of central forest
reserves.
This role is derived from section 54 (1) (c) of the
NFTPA, under which NFA partners with the private sector and local communities in
the management of central forest reserves.
Involvement of local communities in the management
of forest reserves is a largely new concept in Uganda, which was introduced
during the Forestry Sector Review process between
1998 and 2001 that culminated into the formulation of a new Uganda Forestry
Policy 2001, the development of a National Forest Plan, 2002 and the
enactment of the National Forestry and Tree Planting Act,
2003.[32] The idea was concretized into law by section 2 of the NFTPA which
states the purposes of the Act – paragraph (e) of which is, “to encourage public
participation in the management and conservation of forests and trees.”
Communities and individuals in Uganda have proved themselves
worthy and deserving of involvement in forest management. According to the National Forest Plan, 2013, “Local
communities have demonstrated the ability to enforce forest laws. For example, communities
of Sango Bay were able to stop powerful government functionaries from illegally
harvesting timber from the CFR. Therefore, local communities will be empowered
to take active participation in law enforcement.”
The involvement of communities and private sector actors in the management
of central forest reserves, greatly simplifies NFA’s work by reducing the
number of personnel and the money required to execute its activities or
operations.
4.
Provide
advisory, research or commercial services on contracts.
This role is derived from section 54 (1) (j) of the NFTPA. This is
important for sustainable
forestry sector development through appropriate education, training and
research. Main users of forestry research
products include government institutions mandated with the management
of protected areas, private companies or individuals involved in tree planting,
civil society organizations operating in the forestry sector,
small holder farmers, researchers, students and policy
makers.[33]
In fulfilling this
mandate, NFA liaises with other institutions in the country, at formal,[34] informal,[35] technical[36]
or professional[37] levels. Chief among these research institutions is the National Forestry Resources Research Institute
(NaFORRI) which undertakes forestry research focusing on developing
technologies and practices for conservation of natural forest
ecosystems; sustainable management of plantation forests; growing and
managing trees on farms; developing and promoting tree /
forest products and services; integrated pests, diseases control and fire
management;
tree improvement and production of quality germ plasm; nature-based recreation;
as well as emerging issues such as climate change, bio-fuels and impact of oil
and gas
on forestry resources.[38]
5.
Provide
high quality seeds and other planting materials to the sector through the National
Tree Seed Centre.
NFA is expected to guide and monitor production and supply of tree
seed and planting materials. This is important for achieving the
development of products and services which have high
contribution towards social-economic transformation, as envisaged in the State of Uganda’s Forestry, 2016 report.[39]
To this end, NFA established a National Tree Seed Centre (NTSC) to produce and supply
tree seed and planting materials.
The NTSC generally offers training
and advisory services in seed and tree nursery management and plantation
forestry, mainly targeting private forest investors. But more specifically, it
offers training within the technical areas
for example seed handling, seed testing & storage, seed documentation,
basic safe tree climbing, and tree improvement and gene source conservation;
storage and testing of seed collected by other
user groups / individuals; importation of
seed, which is not available locally on demand; and advisory services
(professional and technical advice within the technical fields covered).[40]
There is increasing demand for quality seed and planting materials
due to the increased interest in afforestation and reforestation activities.[41]
To satisfy this high demand, NFA (though the NTSC), has built standard infrastructure to collect, process, test, store and
distribute tree seeds of indigenous and exotic species.
6.
Regularly
carry out national forest inventory and other technical services through its
National Biomass Studies.
Biomass is plant-based material used as fuel to
produce heat or electricity.[42] Examples are wood and wood residues, energy
crops, agricultural residues and waste from industry, farms and households.[43]
Since biomass can be used as a fuel directly, some people use the words biomass
and biofuel interchangeably.[44]
In 1989, the government of Uganda established the
National Biomass Study, a long
term program aimed at the assessment of biomass resources and their dynamics at
national level using country-specific data and methodology. Since then,
the country has produced national biomass studies
covering different years, namely 1990, 2005, 2010 and 2015.[45]
Through national biomass studies, NFA is able to find out and
provide detailed lists on forestry resources like the nature and stock of tree
species available in the country. For instance, the studies have revealed that
forests in Uganda comprise broadleaf and conifer plantations, tropical high
forest and woodlands.[46] Moreover, the biomass studies help avail technical
data on emission factors such as tree carbon stocks in Uganda’s forests.[47] Unfortunately
though, carbon stocks in Uganda are not known because there is a conservation challenge
posed by inadequate conservation systems and lack of repeated measurements of carbon
stocks in the few areas that have established conservation systems in place,
which is only land under management of Uganda Wildlife Authority.[48]
7.
Prepare
and implement management plans for central forest reserves.
This role is derived from section 54 (1) (d) of the
NFTPA. Effective planning and management are
important to address challenges in the forestry sector. Effectiveness facilitates
development of products and services of high contribution towards
social-economic transformation. It also promotes sustainable forest management
by involving and enabling persons or organizations professionally obliged or
personally interested to facilitate individuals or groups of people desiring to
invest in the forestry sector.
Management plans prepared under NFA’s mandate are dubbed National Forest Plan (popularly
abbreviated as NFP). An NFP is a sector-wide national instrument for managing
and utilizing the forestry resources in Uganda.[49] The first NFP was developed
in 2002, in order to put into effect the Uganda Forestry Policy (2001).[50] The current
management plan is The National Forest Plan 2011/12 – 2021/22.[51] It is a 10 years plan that is set to
expire this year, 2022. It was published in January 2013 under the aegis of
NFA’s mother ministry, the Ministry of Water and Environment, particularly by
the Directorate of Environmental Affairs.
The main focus of the NFP is on the management of tree and forest
resources for the economic, social and environmental benefits for all the
people of Uganda, by improving the livelihoods of Ugandans, especially those
living in rural areas through raising the incomes of the poor people,
increasing the number of jobs and enhancing the contribution of forests to
Uganda’s economic development, while ensuring that the future of the country is
not jeopardized in the process.[52]
8.
Report
on the state of central forest reserves.
This role is derived from section 54 (1) (d) of the
NFTPA. The State
of Uganda’s Forestry, 2016
report was the first [and so far only one] of its kind
to bring together information on the forest resource, its state, management,
stakeholders,
its relation with other sectors of the economy, changes that have taken
place
in the sector and the major drivers for these changes.[53] The report also looked
at
the future outlook including projections on demand and supply of forest
products and
services, changing landscape, emerging issues such as oil and gas, reduced emissions from
deforestation and forest degradation, climate
change, institutional changes and other relevant activities in the sector.[54]
Based on the analysis of information and data
provided therein, the report found that some efforts are being made to promote
tree planting and plantation development both on
private lands and on forest reserve lands, hence positively noting that, “… the
private sector has shown a lot of interest in establishment of industrial
softwood plantations both in [central forest reserves] and on private land. In a
span of about
10 years, the private sector and NFA have planted over 70,000 hectares
surpassing
by far the area its predecessor, the [Forestry Department], planted in many
decades.”[55] Further, the report noted that, “… the government has also
advanced efforts to strengthen community and private forestry.”[56]
On a negative note however, the report stated that,
“… the future of the [forestry] sector can
be considered not very bright, unless affirmative action is initiated.”[57]
One reason for this gloomy picture is the recent and
current rate of forest cover loss and forest degradation that militates against
efforts being made to promote tree planting and plantation
development both on private lands and on forest reserve lands.[58] Another
reason is, “… failure to secure community and private
forests [which] has left them open to uncontrolled harvesting and conversion to
farmlands,
since the owners do not appreciate the potential of these forests to
generate
long term financial returns from the emerging new sources of funding such
as [reduced emissions from
deforestation and forest degradation]
and carbon schemes.”[59] Thus, the report found that in order to facilitate community,
household and individual participation in various forest resource enterprises,
further work is needed to support community and private forestry,
including providing tenure security: first, by recognizing,
declaring and registering community forests and individual / household private
forests, to provide a critical incentive for investment
in these forests; and second, by the government making efforts to strengthen
the policy / legal framework to provide adequate protection to these
rights, as well as remove barriers and support enjoyment of these rights.[60]
The report concludes with policy recommendations
including NFA taking actions to prevent further settlements inside forests; identifying
legitimate settlements in forest reserves and provide appropriate incentives
to engage them in forest governance; developing appropriate guidelines for the
implementation of benefit sharing schemes provided for in the law; formulating
a fair and responsible system of resettling those
already residing within boundaries of the forest reserves where resettlement is
necessary; and reinstating proper procedures for licensing of
timber harvesting as provided for under the NFTPA.[61]
9.
Liaise
with and support local governments and private forest owners in the management of
local and private forest reserves.
This role is derived from section 54 (2) of the
NFTPA. According to Steve Amooti Nsita,[62]
“Seventy percent of the forests are to be found on private lands.” This makes
them private forests and their significant contribution to forest cover cannot
be ignored by the sectoral lead monitoring and enforcement agency in the
country.
Being the lead agency in forestry management in
Uganda, with a special financial vote (Vote
157) and
allocation in the national budget and having its own revenue sources, NFA
enjoys the privilege of having greater technical capacity and more financial resources
than local governments and private forest owners.
For instance, in the 2017/2018 financial year, NFA received Uganda
shillings 11,042,306,009 billion from Government[63] and raised its own revenue
of Uganda shillings 20.5 billion.[64] This is more than the total revenue of,
for example, the whole of Mpigi District, which had total revenue of Uganda shillings 24,841,381,000 in the same financial year 2017/2018.[65] It should be noted that Mpigi district has
forest reserves like Buto-buvuma
Forest Reserve,[66] which need adequate resources to be managed and protected
from encroachment.
This disparity in financial muscle between NFA and
local governments naturally leads to the former being able to muster superior
technical capacity in forestry governance. It is therefore important that NFA
uses its comparatively stronger position to support its weaker counterparts in
the sector.
10.
Promote
community involvement in the management of local forest reserves.
This role is derived from section 54 (2) (d) of the
NFTPA, under which NFA is charged with advising on innovative approaches for local
community participation in the management of local forest reserves.
Community involvement in the management of local
forest reserves is very important because it creates a sense of attachment and
ownership in the local population, thereby motivating the people to value and
safeguard the forest. In so doing, the people themselves avoid and/or remedy encroachments
and other destructive practices in the forest reserve.
5.
Conclusion
In assessing the role of the National Forestry Authority in
regulating commercial exploitation and conservation of forestry resources in
Uganda, one must bear in mind the vision and goal of the forest sector in
Uganda as stated in the National Forest
Plan, 2013. The sector’s vision is, “A sufficiently forested,
ecologically stable and economically prosperous Uganda”[67] (emphasis in the original); while its
goal is, “An integrated forest sector that achieves sustainable
increases in economic, social and environmental benefits from forests and trees
by all the people of Uganda, especially the poor and vulnerable”[68] (emphasis in the original).
Regulation of the sector is critical if these noble aspirations
are to be realized; and therefore the role of NFA in this regard cannot be
overemphasized. Without regulation, forestry resources will be sacrificed at
the altar of financial benefit and exploited to depletion point. This is a
matter of very serious concern in a situation where it is public knowledge
that, “Consumers
of forest products do not have any entity that can speak
for them so the issue of quality of the products on the market
has not been taken seriously. The market is awash with sub-standard
products
such as undersize, low quality timber.”[69] Further, without
regulation, meaningful conservation will be impossible either because nobody
will care to be frugal and save the resources, or people will simply plant poor
quality tree seed and planting stock resulting into substandard forest growth
that will eventually die off. Therefore, NFA should be supported as much as
possible in order to effectively perform its roles. It should be sufficiently
staffed, well financed and accorded due good-will by all.
Notes and References
1.
A.S. Hornby, A.P. Cowie & A.C.
Gimson, Oxford Advanced Learner’s
Dictionary of Current English (17th Impression, Oxford
University Press 1983) 342.
2.
Ibid.
3.
National Forestry Authority, ‘Budget
Framework Paper 2015/16’, at 2;
Miscellaneous Application No. 380
of 2018 (Arising from Civil Application No. 379 of 2018), National Forestry
Authority v. Muhereza Basaliza William & Others,
at 5.
4.
Ministry of Water and Environment, State of Uganda's Forestry, 2016 (2016)
1.
5.
Ibid.
6.
Ibid.,
at 4.
7.
Section 38 concerns environmental impact
assessment. It states that, “A person intending to
undertake a project or activity which may, or is likely to have a significant
impact on a forest shall undertake an environmental impact assessment.”
8.
Ministry of Water and Environment, supra note 4, at 24.
9.
Ibid.
10.
Ibid.,
at 54.
11.
Ministry of Water and Environment, The National Forest Plan 2011/12 – 2021/22 (2013) 2.
12.
Ministry of Water and Environment, State of Uganda's Forestry, supra note 4, at 54.
13.
Ibid.
14.
Ministry of Water and Environment, National Forest Plan, supra note 11, at 16.
15.
Ibid.
16.
Ibid.,
at 2.
17.
Ibid.
18.
Ibid.,
at 1.
19.
According to the National Forest Plan, 2013, ibid.
at 12, “Protected Areas include forest reserves,
national parks and wildlife reserves.”
20.
Ministry of Water and Environment, State of Uganda's Forestry, supra note 4, at 17.
21.
Ibid.,
at 15.
22.
Civil Appeal No.
15 of 2019, National
Forestry Authority v. Omuhereza Basaliza William, Kanyabuzana Pauline,
Burikarara Joseph, Tugume Mugisha Ephraim, Bahemuka Paul and 35 Others (Court of Appeal of Uganda).
23.
Ibid., at 34-35. Per Justice Kenneth Kakuru who delivered the lead
judgment of the Court.
24.
Section 54 of the National Forestry and
Tree Planting Act, 2013 stipulates the functions of the National Forestry
Authority.
I
have adopted, with modifications, a summary of NFA’s roles in the forestry
sector as stated in the Forestry
Report, 2016. See Ministry of Water and
Environment, State of Uganda's Forestry,
supra note 4, at 17.
25.
Ministry of Water and
Environment, State of Uganda's Forestry,
supra note 4, at 11.
26.
Ibid.,
at 9.
27.
For more examples of Central Forest Reserves in Uganda, see Wikipedia, ‘List of Central Forest Reserves in Uganda’.
Accessed online at https://en.wikipedia.org/wiki/List_of_Central_Forest_Reserves_of_Uganda,
on 31 March 2022, at 05:50 Hrs.
28.
Ministry of Water and
Environment, State of Uganda's Forestry,
supra note 4, at 17.
29.
See supra,
note 22.
30.
Ibid., at 31.
31.
Ibid., at 30, 32.
At page 31 of its judgment, the
Court found that,
Under this scheme, the four persons
would obtain a freehold title in their names in respect of 400 acres of forest
and pass it to their sponsors in form of an outright transfer and sale. The
buyer would therefore become a bona fide purchaser for value without
notice. Similarly, in the event that they were unsuccessful in retaining the
land, they would obtain vast sums of tax payers’ money by way of compensation
for eviction and destruction of property as seen in the damages sought and
awarded in this case [i.e. in the High Court].
Indeed,
by the time the appeal was heard, the Respondents had already been paid a total
of Uganda shillings 1,571,250,000.00/=, following garnishee proceedings in the
High Court at Fort Portal vide Miscellaneous
Application No. 46 of 2018. The Court of Appeal ordered each recipient to
refund the money. See ibid., at 35.
32.
Ministry of Water and
Environment, State of Uganda's Forestry,
supra note 4, at
4.
33.
Ibid., at 19.
34.
Ministry of Water and
Environment, Ibid., at 20, states that, “Formal training takes
between one to four years and is conducted by technical and professional
forestry
training institutions, and leads to an award of an academic certificate,
diploma or
a degree.”
35.
Ministry of Water and
Environment, Ibid., states that, “Informal
training takes a couple of days or weeks and is tailored to impart
specific forestry skills to the trainees.”
36.
Nyabyeya
Forestry College, located in Masindi
district and neighbouring Budongo Central Forest Reserve, is the only
institution offering technical forest training in Uganda, offering both
certificate and full time diploma course. The college offers traditional
forestry subjects (i.e. Certificate in
Forestry and Diploma in Forestry) and new ones
such as Agroforestry (at diploma level),
Beekeeping (at both certificate and diploma), Biomass
Energy Technology (at diploma level) and Carpentry for artisans. See ibid.
37.
Professional
forestry training in Uganda is offered by universities, notably Makerere
University and Ndejje University. See ibid., at 21.
38.
Ibid., at 19.
39.
Ibid.,
at 11.
40.
World Traders Directory, ‘National Tree
Seed Centre’. Accessed online at https://www.worldtradersdirectory.com/listing/national-tree-seed-centre/
on 28 March 2022, at 21:41 Hrs.
41.
Ministry of Water and
Environment, National Forest Plan, supra note 11, at 61.
42.
Wikipedia,
‘Biomass.’ Accessed online at https://en.wikipedia.org/wiki/Biomass,
on 29 March 2022, at 21:27 Hrs.
43.
Ibid.
44.
Ibid.
45.
United Nations Framework Convention on Climate Change, ‘Report of the technical assessment of
the proposed forest reference emission level of Uganda submitted in 2017’ (2018)
5.
46.
Ibid.
47.
Ibid.
48.
Ministry of Water and Environment, Proposed Forest Reference Emission Level for
Uganda (2018)10. Accessed online at https://www.mwe.go.ug/sites/default/files/library/Final%20-%20Uganda%20Forest%20Reference%20Emission%20Level%20Document%20-February%202018.pdf,
on 30 March 2022, at 04:55 Hrs.
49.
Ministry of Water and Environment, National Forest Plan, supra note 11, at ix.
50.
Ibid.
51.
Ibid.
52.
Ibid.,
at 9.
53.
Ibid.,
at 1.
54.
Ibid.
55.
Ministry of Water and Environment, State of Uganda's Forestry, supra note 4, at 95.
56.
Ibid.
57.
Ibid.
58.
Ibid.
59.
Ibid.
60.
Ibid.
61.
Ibid.,
at 97 – 100.
62.
Steve Amooti Nsita, ‘Decentralisation
and Forest Management in Uganda’ 1. Accessed online at https://www.cifor.org/publications/pdf_files/interlaken/Steve_Nsita.pdf
on 26 March 2022, at 20:56 Hrs.
63.
Ministry of Finance,
Planning and Economic Development, Annual Budget Monitoring
Report: Financial Year 2017/18 (September
2018)24. Accessed online at https://www.finance.go.ug/sites/default/files/Annual%20Budget%20Monitoring%20Report%20FY2017-18.pdf,
on 30 March 2022, at 15:40 Hrs.
64.
Parliament of the Republic of Uganda, ‘NFA on the spot over accountability’ (August 2018). Accessed online at https://www.parliament.go.ug/news/2135/nfa-spot-over-accountability, on 30 March 2022, at 15:10 Hrs.
65.
Local
Government Budget Framework Paper, ‘Vote: 540 Mpigi District - FY 2018/19’, at
2.
66.
See,
W.S. Gombya-Ssembajjwe and Y.A. Banana, ‘Community participation in forest
management: the case of Buto-buvuma Forest Reserve, Mpigi District, Uganda’.
Accessed online at https://www.fao.org/3/x7760b/X7760B11.pdf,
on 30 March 2022, at 17:15 Hrs.
67.
Ministry of Water and Environment, National Forest Plan, supra note 11, at 1.
68.
Ibid.
69.
Ministry of Water and Environment, State of Uganda's Forestry, supra note 4, at 24.
