The Constitution of the Republic of Uganda (1995) gives ownership of natural resources to the people of Uganda, but Government holds them in trust for all citizens. In its Objectives XIII and XXVII, and others related thereto, such as IX, X and XI, in the statement on "National Objectives and Directive Principles of State Policy" and Article 237(b) of the Constitution of the Republic of Uganda (1995), the Government of Uganda recognises the value of the environment and natural resources, including FRs, in sustainable and progressive national development.
Section 5 of the Forestry Act is language borrowed verbatim from the Uganda Constitution (1995) and the same language is in Section 44 (1) of the Land Act (Cap. 227). In practice, it implies that these Sections cannot be amended without amending the Constitution. The constitutional origin of these provisions is strong protection as it confers allodial title[1] to permanent existence of FRs in Uganda. Other laws that have direct bearing on forests in Uganda include the National Environment Act, 2019, Uganda Wildlife Act, 2019, Petroleum (Exploration, Development and Production) Act, 2013, Mining Act, 2003, Water Act, 1997 and Agricultural Research Act, 2005.
Instruction 334: FMIs shall keep at their main and branch offices copies of the legal instruments above, and the others listed in Annex A of the NFSS, and the associated regulations and guidelines.
Instruction 335: FPs shall use the metric system in their official work as required in Statutory Instrument (SI) 1970 No. 121: “The Weights and Measures Order” which prohibits the use of imperial measures, and prefers the metric system for area, height, lengths and diameter.
As quoted below, all forest officers are court prosecutors:
“IN EXERCISE of powers conferred upon me by Section 255 of the Magistrates Courts Act 1970, I HEREBY APPOINT generally the following persons to be PUBLIC PROSECUTORS in any Magistrates court within Uganda, for the purpose of prosecuting offences under the Forests Act.
OFFICERS OF THE RANK OF FOREST OFFICER AND ABOVE
Dated at Kampala this 5th day of October, 1983.”
Instruction 336: FMIs shall organise an annaul five-day short orientation and induction course on principles and practices of prosecution for Forest officers in their employ at the Law Development Centre.
Ownership of real property (land, buildings, and fixtures) that is independent of any superior landlord ↩︎