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NEMA is adamant it will enforce Lubigi wetland restoration to the letter.
The National Environmental Management Authority (NEMA) has rejected calls from Parliament to compensate residents who had legally occupied the Lubigi wetland.
Citing current legal provisions, NEMA declared that all residents who established houses in the wetland are considered offenders and thus are not entitled to any compensation.
These statements were made by Sarah Naigaga, NEMA’s Legal Affairs Officer, during her appearance before Parliament’s Committee of Commissions, Statutory Authorities, and State Enterprises (COSASE), which is investigating recent evictions in the Lubigi wetland, spanning Kampala and Wakiso districts.
“The law deems all households issued with restoration orders as offenders,” Naigaga explained.
“Restoration is an enforcement action intended to protect the environment for the common good, including those affected by the resolution. We have therefore not made any compensation to the persons affected.”
COSASE, chaired by MP Medard Sseggona, raised several questions to NEMA regarding the evictions.
Sseggona highlighted that a letter was sent to NEMA’s executive director on June 20, 2024, requesting an update on various issues.
These included the number of evicted persons, the duration of their occupation, the rationale behind the delayed demolition actions, and the perceived selective application of the law.
Allan Mayanja, MP for Nakaseke Central, questioned whether the demolitions aligned with NEMA’s infrastructure plans and policies.
He also sought clarity on the legal approvals for certain infrastructures within the wetland, suggesting possible inconsistency in law enforcement.
Sseggona further criticised NEMA for not acting promptly, which he argued has led to significant losses, including reduced revenue collection by the Uganda Revenue Authority (URA) due to loopholes in regulation.
He raised concerns about the constitutional legality of NEMA’s actions, emphasising the need for lawful taxation practices.
As the investigation continues, Parliament seeks comprehensive responses from NEMA to address these concerns and ensure fair application of environmental laws.
On Monday, a coalition of human rights defenders urged Parliament to investigate NEMA over allegations of unfair eviction practices in Kampala’s Lubigi wetlands.
Activists denounced NEMA for what they described as the criminalisation of poverty and systematic human rights violations in its eviction operations targeting alleged illegal occupants across Kampala City.
They criticised NEMA’s failure to adhere to United Nations guidelines on forced evictions, which mandate exploring alternatives, providing legal remedies, and ensuring adequate compensation to affected communities.
The call comes amidst growing controversy surrounding NEMA’s recent demolition of homes and displacement of residents, sparking outcry over the legality and humanitarian impact of these actions.
Dr. Barirega Akankwasah, executive director of NEMA, acknowledged that Uganda’s wetland cover has reduced from 15.6% in 1994 to only 8.9% in 2019, with a slight recovery to 9.3%.
To prevent further loss of wetlands in Uganda, he explained that a decision was made to suspend approvals for developments in wetlands as of September 2, 2021, until further notice, with exceptions for critical public infrastructure such as roads, pipelines, railways, and telecommunication infrastructure, provided they adhere to the Environment and Social Impact Assessment Processes.
He refuted claims of not issuing restoration orders for the Lubigi operation, noting that people were warned to leave as early as February to April 2016 for Nansana, in 2018 for the Nabweru area, in 2019 for Nabisasiro, in August 2022 for Nansana, Sentema, Busega, and Nabisariso, in December 2023 for Busega, and in April 2024 for Lubigi in general.
Although claims have been made that some people have settled in the wetland for over forty years, Dr. Akankwasah noted that satellite images indicate that the majority of encroachments occurred between 2011 and 2015, and evictions and re-entry have been ongoing since then.