Advancing Climate Justice: Reflections from the CLE Training on Strategic Public Interest Climate Litigation

By Greenwatch |
Advancing Climate Justice: Reflections from the CLE Training on Strategic Public Interest Climate Litigation (17–18 June 2026)

Greenwatch, in partnership with the Uganda Law Society (ULS), successfully convened a two-day Continuing Legal Education (CLE) Training on Strategic Public Interest Climate Litigation on 17th and 18th June 2026. The training brought together legal practitioners, environmental advocates, researchers, and policymakers to strengthen knowledge and skills on the rapidly evolving field of climate litigation and environmental justice.

The training featured presentations by distinguished environmental law practitioners who shared practical experiences, legal frameworks, emerging trends, and lessons from decades of public interest environmental advocacy.
 

Public Interest Environmental Law and Climate Justice in Africa

Presentation by Mutuso Dhliwayo

The training commenced with a presentation by Mutuso Dhliwayo, who reflected on the growth of public interest environmental law in Africa and the role lawyers have played in advancing environmental justice. Drawing from his own professional journey, he highlighted how environmental advocacy emerged as a response to the need to protect vulnerable communities affected by environmental degradation, displacement, and inequitable development projects.

Mutuso discussed the establishment of public interest environmental organizations and the support provided by regional and international networks of environmental lawyers in strengthening community rights and environmental governance. He emphasized the important role played by legal practitioners in ensuring that communities affected by large-scale investments have access to legal representation and meaningful participation in decisions affecting their livelihoods and natural resources.

A key theme of the presentation was the recognition of environmental rights as human rights. Mutuso noted that environmental rights are increasingly embedded in constitutions, legislation, and policy frameworks across Africa. Despite this progress, many countries continue to face challenges in implementation and enforcement, particularly in the context of pollution, deforestation, climate change, and resource extraction.

The discussion further examined the growing body of climate justice litigation and the opportunities it presents for public interest lawyers. Participants explored how climate change increasingly affects rights to life, food, health, work, and development, and how litigation is being used to hold governments and corporations accountable for inadequate climate action.

Mutuso also highlighted emerging challenges associated with the global energy transition. As demand for critical minerals such as lithium and cobalt increases, African countries face opportunities for economic growth alongside risks of environmental degradation, inequality, and community displacement. Participants emphasized the importance of meaningful consultation, community protection, and equitable benefit-sharing in natural resource governance.

The session concluded with a discussion on alternative dispute resolution mechanisms, enforcement challenges, and the value of mandatory environmental and human rights due diligence as a preventative tool for safeguarding communities and ecosystems before projects commence.
 

Environmental Governance and Strategic Public Interest Litigation

Presentation by Lynn Gitu

Lynn Gitu's presentation focused on environmental governance, environmental law principles, and the practical realities of public interest environmental litigation. She began by examining the legal requirements that govern development projects, particularly those undertaken in ecologically sensitive areas. The discussion underscored the importance of complying with environmental safeguards, licensing requirements, and regulatory processes while balancing development objectives with environmental protection.

Participants explored key environmental principles that increasingly guide environmental decision-making and litigation, including the precautionary principle and intergenerational equity. Lynn emphasized that these principles are valuable tools for evaluating projects that may have long-term environmental consequences and for advancing claims aimed at protecting biodiversity and natural resources.

The presentation highlighted the growing role of the judiciary in protecting environmental rights and enforcing environmental laws. Lynn noted that courts are increasingly called upon to adjudicate disputes where public interest, conservation concerns, and development pressures intersect. She stressed the need for effective stakeholder engagement and community participation to ensure environmentally sustainable and socially acceptable outcomes.

Turning to environmental litigation, Lynn identified several challenges commonly encountered in public interest cases. These include political interference, evidentiary burdens, jurisdictional complexities, and lengthy court processes that can delay justice for affected communities. The discussions drew on experiences from various cases to illustrate the practical difficulties of litigating environmental and climate-related disputes.

Particular emphasis was placed on the importance of scientific and technical evidence. Participants discussed the role of expert testimony, environmental monitoring, laboratory testing, and scientific reports in establishing environmental harm and supporting legal claims. The difficulties associated with accessing independent expert evidence were also highlighted.

Recognizing that litigation is not always sufficient on its own, Lynn encouraged participants to embrace complementary approaches, including mediation, negotiation, grievance mechanisms, media engagement, community mobilization, and advocacy before regional and international bodies. The session concluded with a consensus that effective environmental justice often requires a combination of legal, policy, and advocacy strategies rather than reliance on a single intervention.
 

Environmental Litigation Practice: Evidence, Remedies, and Procedure

Presentation by Frank Tumusiime

Frank Tumusiime provided participants with a practical guide to environmental litigation under Uganda's legal framework. Drawing extensively from the National Environment Act, the Climate Change Act, and related laws, he examined the foundational principles that underpin environmental management and environmental litigation.

The session focused on how environmental law principles are applied in court proceedings, including the role of environmental impact assessments, statutory compliance requirements, and expert evidence. Frank emphasized the importance of understanding legal standing, identifying appropriate parties to litigation, and presenting credible evidence supported by reliable witnesses and technical experts.

Participants received practical guidance on evidence collection, discovery, and inspection processes. Frank outlined procedures for obtaining environmental impact assessment reports, certificates of approval, laboratory results, and other documents that are often critical to environmental claims. He also discussed the use of constitutional and statutory mechanisms, including access to information laws, to overcome barriers where relevant documents are withheld.

A significant portion of the presentation focused on valuation, compensation, and restoration. Participants explored methods for quantifying environmental losses, calculating compensation, and seeking restoration orders based on expert assessments, government valuations, and baseline environmental data. Frank emphasized that successful claims depend on strong scientific evidence and credible expert analysis.

The discussion further examined procedural requirements, including filing claims, conducting discovery, managing litigation timelines, and collaborating effectively within legal teams. Participants also explored the role of scientific evidence, attribution science, judicial notice, government reports, and expert publications in establishing environmental harm and causation.

Concluding his presentation, Frank addressed constitutional dimensions of environmental litigation, including constitutional petitions, remedies for environmental rights violations, and the distinction between constitutional inconsistencies and outright legal violations.
 

Climate Litigation, Climate Justice, and Judicial Innovation

Presentation by Samantha Atukunda Kakuru Mwesigwa

Samantha Atukunda Kakuru Mwesigwa delivered a comprehensive presentation on climate litigation and the evolving legal responses to climate change. A central theme was the proposal to establish a specialized Environmental and Climate Justice Division within Uganda's High Court to improve the handling of complex environmental and climate-related cases. Participants discussed how specialization could strengthen jurisprudence, improve efficiency, and enhance judicial understanding of climate issues.

The presentation explored the scope and definition of climate litigation, explaining how climate-related cases increasingly address issues of mitigation, adaptation, climate science, and accountability. Samantha highlighted the growing reliance on human rights frameworks in climate litigation, including claims grounded in the rights to life, health, food, and a clean and healthy environment.

The role of attribution science featured prominently in the discussion. Participants examined how scientific advancements are enabling courts to establish links between greenhouse gas emissions, climate impacts, and specific actors, thereby strengthening accountability for climate-related harm. Samantha also discussed emerging trends in holding corporations, directors, financial institutions, and other actors responsible for decisions that contribute to increased emissions.

The session further examined climate justice through the lens of global equity. Discussions focused on the disproportionate burdens borne by developing countries despite their relatively limited contributions to global emissions. Participants reflected on the principle of common but differentiated responsibilities and the need for fairness in international climate decision-making processes.

Attention was also given to implementation challenges, including weak policy frameworks, greenwashing, carbon offset disputes, and inadequate enforcement of climate commitments. Participants emphasized the need for stronger mitigation and adaptation measures, increased accountability, and more robust legal interventions to address gaps between policy commitments and practical implementation.

The presentation concluded with a review of significant international and regional legal developments, including proceedings before the International Court of Justice and the African Court on Human and Peoples’ Rights. Participants discussed how these developments are shaping climate jurisprudence and creating new opportunities for climate litigation in Africa.
 

Ethics, Community Engagement, and Sustainability in Public Interest Litigation

Presentation by Dickens Kamugisha

The final session was delivered by Dickens Kamugisha, who shared practical lessons from years of environmental and climate litigation in Uganda. His presentation focused on the ethical challenges of public interest litigation and the importance of maintaining trust and accountability in relationships with affected communities.

Dickens stressed that successful public interest litigation requires lawyers and civil society organizations to work closely with communities, ensuring transparency, meaningful participation, and genuine representation of community interests. He emphasized that environmental justice efforts are most effective when affected communities remain central to decision-making processes.

Drawing on experiences from forest conservation and oil-related displacement cases, Dickens highlighted the practical challenges associated with funding environmental litigation. Many affected individuals and communities cannot afford legal representation, making sustained donor support and institutional commitment critical for ensuring access to justice.

The presentation also examined the changing nature of the lawyer-client relationship in public interest cases, where lawyers often take on broader roles as coordinators, advocates, and facilitators of community interests. Dickens emphasized the importance of resilience, ethical integrity, and long-term commitment in sustaining climate litigation efforts.

Participants further discussed the need for expanding environmental legal education, mentoring young lawyers, and strengthening institutional support for environmental law practice. There was broad agreement that litigation should be complemented by community training, policy advocacy, and legislative reform to achieve sustainable and lasting environmental outcomes.
 

Conclusion

The CLE Training on Strategic Public Interest Climate Litigation demonstrated the growing importance of climate litigation as a tool for environmental protection, human rights promotion, and accountability. Through presentations by Mutuso Dhliwayo, Lynn Gitu, Frank Tumusiime, Samantha Atukunda Kakuru Mwesigwa, and Dickens Kamugisha, participants gained valuable insights into environmental governance, litigation strategy, climate justice, evidence gathering, judicial innovation, and ethical public interest advocacy.

The training reaffirmed that achieving climate justice requires a multidisciplinary approach that combines legal action, scientific evidence, public participation, policy reform, and sustained community engagement. As environmental and climate challenges continue to evolve, initiatives such as this CLE programme remain essential in strengthening the capacity of legal practitioners to advance environmental justice in Uganda and beyond.