Nema explains “Selective” Eviction of Wetland Encroachers

Dr. Akankwasah highlighted the critical role wetlands play in environmental sustainability, including rainfall formation, biodiversity conservation, water quality improvement, flood control, climate change mitigation, and groundwater recharge. He noted that the world has lost a significant portion of its wetlands, with Uganda experiencing a reduction from 15.6% in 1994 to 8.9% in 2019. Recent efforts have slightly improved this figure to 9.3%.

“We must not be tempted to follow the trends of the developed world because they led us to where we are now — the environmental crisis of our time,” Akankwasah stated. He emphasised the need for Uganda to pursue a sustainable development path to ensure ecological and socio-economic services for future generations.

A woman stands over what was left of her house after the NEMA operation pulse uganda

Read: Wetland evictions still ongoing - NEMA

Reasons for evictions and exceptions

The statement clarified why some encroachers are being evicted while others remain. NEMA has suspended approvals for developments in wetlands since September 2, 2021, except for critical public infrastructure guided by environmental and social impact assessments. Current evictions are part of ongoing restoration efforts in various wetlands, including Lubigi, Lwera, Lurindo, Akadot, Kanyabukanja, and others.

Evictions are carried out following the issuance of Restoration Orders, which give encroachers 21 days to vacate or appeal. Failure to comply results in forced removal and restoration at the encroacher’s expense. This legal process aims to halt further wetland degradation and support recovery efforts.

Non-Compensation for Evictees

Addressing the issue of compensation, Dr. Akankwasah made it clear that evictees would not be compensated. “The government cannot compensate encroachers as this would not only invite more encroachments but also be a tacit approval of illegality,” he explained. According to the National Environment Act, 2019, encroachers are liable to compensate the government for restoration costs, and the offense of encroachment carries penalties of up to 12 years in jail or fines up to Ushs 600 million.

Perception of Selective Enforcement

Regarding the perception of selective enforcement, NEMA explained that some infrastructure within wetlands had received prior government approval, making their removal complex and potentially costly for the government. Examples include certain fuel stations and factories established with due process. Dr. Akankwasah emphasized that this should not be seen as selective enforcement but rather a measure to avoid unnecessary public expenditure.

“This is a law enforcement exercise that looks out for any person that has breached or offended the law,” he asserted. “The public should not see this as selective enforcement but rather prudence to avoid loss of public funds in avoidable compensations.”

NEMA’s Role and Challenges

Dr. Akankwasah acknowledged the challenges NEMA faces in managing wetlands, noting that day-to-day management is vested in local governments, urban authorities, and the Department of Wetlands Management. NEMA’s role is regulatory, monitoring, supervision, and coordination. Despite limited personnel and resources, NEMA continues to enforce environmental laws and hold offenders accountable.