The Efficacy of The Polluter Pays Principle in Protecting Uganda’s’ Environment Against Hazardous Oil and Gas Extraction.

Abstract

The Polluter Pays Principle is an economic principle which is predicated based on the internalization of environmental costs into decision making for economic and among others development plans, programs and projects that are likely to affect the environment. The study helped the Researchers to articulate pertinent problems or concerns regarding the application of the PPP and its effectiveness in combatting pollution caused by Uganda’s oil and gas sector. By looking at the development of effective compliance mechanism with this principle as a way of protecting the environment from oil spills and other forms of pollution through holding the polluter accountable inform of taking care of their pollution. The study was to investigate how effective the PPP can be used to improve on environmental protection from the Hazardous oil and gas activities. The principle is thus a way of allocating pollution costs. It has been extensively used in international law, and now has attained the status of being one of the guiding principles of international environmental law. This paper examined the efficacy of the Polluter Pays Principle in protecting Uganda’s environment against hazardous oil and gas extraction where it observed that for an effective application, the Polluter Pays Principle must effectively answer the following questions: What constitutes pollution? And how much must the polluters pay? The key findings of the study reveal that Uganda’s policy framework on the sector provides for the use of PPP as a mechanism of pollution control from the sector, however the laws on avoiding and controlling oil and gas pollutions are weak and unclear and, therefore, monitoring and enforcement cannot be effective, the implementing bodies of these laws also lack proper findings, personnel and generally empowerment that deters them from doing their duties as far as pollution control using the PPP is concerned. The study recommends that the laws should be reviewed to clearly prohibit or prevent continuous pollution, properly pronounce the obligations of the lead agencies and the consequences for non-compliance at all levels should be provided. The details of how this can be achieved should be handled by the regulator at the field development planning and design levels. The researcher concludes that, as Uganda prepares to commence production of first oil soon, calamities caused by pollution will befall Ugandans unless the recommendations of the study are implemented.