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Climate Litigation as a Tool for Enforcing Rights of Nature and Environmental Rights by NGOs: Security for Costs and Costs Limitations in Uganda

open-access


Samantha Atukunda K. Mwesigwa, Peter Davis Mutesasira

DOI https://doi.org/10.21552/cclr/2021/2/5



In a number of States all over the world civil society actors have turned to climate litigation as a strategy to compel States to address climate change, and Uganda is no exception. Despite the absence of a climate-focused legal regulatory framework, Ugandan non-governmental organizations (NGOs) have adopted a rights-based litigation strategy to secure anthropogenic environmental rights and the rights of Nature. In this quest, however, they have encountered obstacles in the form of security for costs and adverse costs orders. This article examines Ugandan Courts’ approach to awarding security of costs and costs in climate litigation initiated by NGOs. We argue that security of costs and costs threaten access to environmental justice by making climate activists very reluctant to approach the courts. We conclude by proposing ways to overcome these hurdles.

Samamntha Atukunda K. Mwesigwa, Director & Legal Counsel for Greenwatch. Peter Davis Mutesasira, Dean, Faculty of Law, Uganda Christian University (UCU). For correspondence: <pdmutesasira@ucu.ac.ug>.

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