Legal Framework on the Protection against Marine Accidents in Uganda.
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Date
2019-10
Authors
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Publisher
Kampala International University, School of law.
Abstract
The usefulness of marine transport subsector need no emphasis because it is obvious
that Uganda has got about 17% of her surface area comprising water bodies and
swamps and rich history of water transport because some of the water bodies are
navigable, provtding water transport means which is also in tum relatively cheaper in
comparison to other means of transport available in Uganda. In disregard of this
preceding fact, the marine transport subsector has numerous challenges one of which is
the rampant marine accidents experienced year in year out The general purpose of the
study was to investigate legal framework on the protection against marine accidents in
Uganda. At the national, regional, continental and international levels marine transport
is enriched with legal framework so much so that it would be right to say marine
accidents should by now have been history but not a current affair as it is now. This
research has found that the national marine transport legislation is mostly so weak to
be able to curb the maritime transport tragedies in Uganda, for example, the Inland
Water Transport (Control) Act of 1939 which is the main Law on inland water transport
in Uganda only provides for issuance of licenses by the Transport Licensing Board.
There is no provision for water transport safety guidelines as well as implementation
mechanisms, our Statute books we have the 2dh century Maritime Transport Law - such
an out dated piece of Legislation. Marine Insurance Act of 2002 only deals with issues
of insurance policy cover. There is no updated specific Law to deal with the modem
water transport system with all its attendant challenges. There are no updated specific
duties and obligations, defined offences and penalties for water transport offences and
penalties for water transport subsector. Away from the said existing legal framework
there are still many problems which Uganda's marine transport subsector grapples with
including; poor mechanical conditions of the vessels that cannot sustain strong winds,
lack of and I or failure to wear life jackets by passengers and the vessel crews,
overloading, Jack of navigation aids, poor weather conditions, drunkenness of the crew,
negligence and recklessness and little or no awareness of the life skills while aboard, to
mention but a few, A Jot more is still desired to be done to support and regulate safety
measures in this subsector.
Description
A dissertation submitted to the School of Law in Partial Fulfillment of the Requirements for an Award of Bachelor of Laws of Kampala International University.
Keywords
Marine Accidents, Protection, Legal Framework, Uganda