The courts and the constitutional right to a clean and healthy environment in Uganda

Uganda is one of the few countries in Africa that has explicitly constitutionalized the right to a clean and healthy environment. The extent to which the right could be effective, however, is dependent on contextual variables, which include the nature of the right itself within a country's constitution or the accessibility and effectiveness of judicial forums. The present article explores how the Ugandan courts have interpreted and developed the right to a healthy environment as an avenue to ensure environmental protection and to facilitate sustainability. The case law discussed reveals notable developments, which include: a rise in public interest environmental litigation through civil society; the liberal interpretation of locus standi provisions; a noticeable tilt in favour of environmental protection and human health as against economic interests; and a noticeable move towards courts taking a precautionary approach in deciding cases.