Introduction
The Public Trust Doctrine (PTD) is a legal principle rooted in the notion that certain natural resources, such as water, land, and air, are held in trust by the state for the benefit of the public. While this doctrine has ancient origins, often traced to Roman law and later developed in English common law, its application in contemporary legal systems, particularly in developing countries like Uganda, remains an area of evolving significance (Sax, 1970). In Uganda, where environmental degradation, land disputes, and resource mismanagement pose significant challenges, the PTD offers a potential framework for safeguarding public resources. However, its scope, judicial interpretation, and enforcement remain contentious and underexplored in legal scholarship. This research proposal aims to conduct a doctrinal analysis of the PTD in Uganda, examining its legal foundation, the judiciary’s approach to its application, and the practical obstacles to its enforcement. By identifying gaps in the current framework, this study seeks to propose recommendations for strengthening the doctrine’s relevance in Uganda’s socio-legal context.
The Scope of the Public Trust Doctrine in Uganda
The PTD in Uganda is not explicitly codified in a single statute but is implied through various constitutional and legislative provisions. Article 237 of the 1995 Constitution of Uganda vests land in the citizens of Uganda, with the state acting as a trustee in certain instances, such as for natural resources and protected areas (Constitution of Uganda, 1995). Furthermore, the National Environment Act (1995) and the Uganda Wildlife Act (1996) impose obligations on the government to protect environmental resources for public benefit, reflecting core principles of the PTD. However, the scope of the doctrine remains ambiguous. For instance, it is unclear whether the doctrine extends beyond natural resources to include cultural heritage or public infrastructure, as seen in other jurisdictions like India (Joseph, 2014).
A key issue lies in defining the boundaries of public resources under trust. In Uganda, land disputes often arise due to overlapping claims between customary ownership, government control, and private interests, complicating the application of the PTD. This research will critically assess whether the existing legal framework adequately delineates the resources subject to the doctrine and whether there is a need for legislative clarity to prevent exploitation by private entities or corrupt practices within the state apparatus. Such an analysis will draw on comparative perspectives from jurisdictions with clearer definitions of the PTD, such as Kenya, where the doctrine is more explicitly integrated into environmental law (Kameri-Mbote, 2007).
Judicial Interpretation of the Public Trust Doctrine
The judiciary plays a pivotal role in shaping the application of the PTD through case law, yet in Uganda, judicial engagement with the doctrine remains limited and inconsistent. One notable case, Advocates Coalition for Development and Environment (ACODE) v. Attorney General (2004), addressed the government’s obligation to protect wetlands under the PTD. The court ruled that the state must act as a trustee for natural resources, reinforcing the doctrine’s relevance (ACODE v. Attorney General, 2004). However, such rulings are sporadic, and there lacks a consistent judicial philosophy on interpreting the PTD. For instance, courts have often prioritised economic development over environmental conservation, arguably undermining the doctrine’s protective intent.
Moreover, the judiciary’s approach to standing and public interest litigation—a key mechanism for enforcing the PTD—remains restrictive. While Article 50 of the Ugandan Constitution allows individuals to seek redress for violations of rights, including environmental rights, access to justice is often hindered by procedural barriers and costs (Tumushabe, 2006). This research will evaluate key judicial decisions to identify patterns in interpretation and assess whether Ugandan courts adopt a progressive or conservative stance compared to jurisdictions like South Africa, where the PTD is often expansively interpreted to include socio-economic rights (Van der Schyff, 2010). Critically, it will explore whether judicial training or legislative guidance could promote a more coherent application of the doctrine.
Enforcement Challenges of the Public Trust Doctrine
Enforcing the PTD in Uganda faces multifaceted challenges, ranging from institutional weaknesses to socio-political dynamics. Firstly, corruption and lack of accountability within government bodies undermine the state’s role as a trustee. Reports of illegal land grabbing and resource exploitation by powerful elites, often with state complicity, are well-documented (Kabumba, 2013). This raises questions about the state’s capacity—or indeed, willingness—to uphold public trust obligations.
Secondly, limited public awareness and participation hinder enforcement. Many Ugandans, particularly in rural areas, are unaware of their rights under the PTD or lack the means to challenge violations. Civil society organisations have attempted to bridge this gap through advocacy, but their impact remains constrained by funding and political pressures (Nakirunda, 2011). Thirdly, enforcement is further complicated by Uganda’s dual legal system, where customary laws often conflict with statutory provisions on resource management. For example, wetlands deemed public under the PTD may be subject to customary claims, creating legal and practical dilemmas (Mugisha, 2009).
This research will investigate these enforcement challenges, drawing on primary data such as court records and secondary sources like government reports to propose viable solutions. It will explore whether mechanisms such as community-based resource management or enhanced whistleblower protections could strengthen enforcement. Additionally, it will consider the role of international environmental obligations, such as those under the Paris Agreement, in pressuring Uganda to bolster PTD enforcement (UNFCCC, 2015).
Research Methodology
This study will adopt a doctrinal research methodology, focusing on the analysis of legal texts, including statutes, case law, and constitutional provisions relevant to the PTD in Uganda. Primary sources such as the Constitution of Uganda (1995) and key environmental statutes will form the foundation of the analysis. Additionally, judicial decisions from the High Court and Supreme Court of Uganda will be examined to assess interpretative trends. Secondary sources, including peer-reviewed articles and books on environmental law in Africa, will provide comparative and theoretical insights.
The research will also incorporate a comparative approach, drawing lessons from jurisdictions like Kenya and South Africa, where the PTD has been more robustly developed. Data will be collected through desk-based research, accessing materials via academic databases such as JSTOR and official government portals. The analysis will critically evaluate the legal texts and judicial decisions to identify gaps in scope, interpretation, and enforcement, with recommendations grounded in practical and context-specific considerations for Uganda.
Conclusion
In summary, the Public Trust Doctrine holds significant potential as a legal tool for protecting public resources in Uganda, yet its scope remains vague, its judicial interpretation inconsistent, and its enforcement fraught with institutional and societal challenges. This research proposal outlines a doctrinal analysis to address these issues, focusing on the legal framework, judicial trends, and practical obstacles to the doctrine’s application. By critically examining Uganda’s experience alongside comparative perspectives, the study aims to contribute to a deeper understanding of the PTD and propose actionable reforms. The implications of this research are twofold: firstly, it could inform policymakers and lawmakers in clarifying and strengthening the doctrine; secondly, it may empower civil society and the judiciary to hold the state accountable as a trustee of public resources. Ultimately, addressing the challenges surrounding the PTD is crucial for ensuring sustainable development and environmental justice in Uganda, a pressing concern in an era of escalating resource conflicts and climate change.
References
- Joseph, S. (2014) Public Trust Doctrine in Natural Resource Law. Cambridge University Press.
- Kabumba, I. (2013) Land Governance and Corruption in Uganda. Fountain Publishers.
- Kameri-Mbote, P. (2007) The Use of the Public Trust Doctrine in Environmental Law: Lessons from Kenya. East African Law Journal, 12(2), 45-67.
- Mugisha, A. (2009) Customary Law and Resource Management in Uganda. Makerere University Press.
- Nakirunda, M. (2011) Civil Society and Environmental Advocacy in Uganda. Uganda Law Society Review, 8(1), 23-39.
- Sax, J. L. (1970) The Public Trust Doctrine in Natural Resource Law: Effective Judicial Intervention. Michigan Law Review, 68(3), 471-566.
- Tumushabe, G. (2006) Environmental Justice and Access to Courts in Uganda. Environmental Law Institute.
- Van der Schyff, G. (2010) The Public Trust Doctrine and Socio-Economic Rights in South Africa. South African Journal on Human Rights, 26(2), 309-329.
- Constitution of Uganda (1995) Government of Uganda.
- United Nations Framework Convention on Climate Change (UNFCCC) (2015) The Paris Agreement. United Nations.
