Mbabazi and Others v. The Attorney General and National Environmental Management Authority

A Public Trust Doctrine case brought in Uganda by Greenwatch and Our Children's Trust against the Attorney General of Uganda & the National Environmental Management Authority in 2012. The complaint alleges that the Ugandan government is a public trustee of the country's natural resources and it is failing to uphold that trust by failing to implement mitigative and adaptive measures to address climate change.

Background
Greenwatch, an Ugandan NGO, with the support of Our Children's Trust filed a complaint in the High Court of Uganda Holden at Kampala against the Attorney General of Uganda in 2012. The complaint names four Ugandan youth and "all children of Uganda born and unborn" as plaintiffs.

The complaint alleges that by failing to mitigate or adapt to climate change, the Ugandan government is failing to uphold the Public Trust Doctrine under Article 237 of the Ugandan constitution.

In 2015, the plaintiffs amended the complaint to include the National Environment Management Authority as a defendant.

The lawsuit asks the High Court of Uganda Holden at Kampala to develop a climate change mitigation plan in accordance with the best science, and protect Ugandan children from the adverse impacts of climate change.

Relevant Law and Principles

 * Public Trust Doctrine
 * Ugandan Constitution
 * Article 39
 * Article 150
 * Article 237
 * National Environment Act
 * Section 2
 * Section 3
 * Section 71
 * Section 106

Status
The youth plaintiffs are awaiting a hearing scheduled for June 2021. The attorneys for the plaintiffs will present lay and expert witness evidence demonstrating that the Ugandan government has failed to prepare and implement sufficient climate change mitigation and adaptation measures to protect the youth plaintiffs, young people, and future generations.

Links

 * Sabin Center Database
 * Grantham Research Institute
 * Our Children's Trust case page