In 2022, the first wildlife conservation moot court event was rolled out at Makerere University, School of Law. This was the first time the Department of Environmental Law engaged law students on wildlife issues. One of the beneficiaries Ms Anne Marie Adikini, the President Makerere Law Society who participated in the first moot court acknowledges that participation in the 2022 moot court inspired her to take on environmental law in the later stages of her Bachelor of Laws course, and she is keen to pursue a career as an Animal rights activists and lawyer. The inspiration has provided her additional impetus to coach the students who participated in 2024 (second moot court)
The mooters were given a hypothetical case about King Atwa who owned a mining company which had violated the Zamunda Wildlife Act and other applicable legislation. The king suppressed the rights of Indigenous people and exploited wildlife resources through illegal trophy hunting, engaged in mining to the detriment and violation of national and international legislation, which grossly affected the local people. This decimated the wildlife populations, and the illegal mining activities led to landslides in addition to denying Indigenous people their right to use natural resources, which forced a private prosecutor to sue the King and his company for their acts.
While this was just a simulation/ mock trial, the students drew on real legal instruments to present their cases as either appellants or respondents. They cited the national statutes and legal instruments, international conventions to which Uganda is a signatory and how these need to be upheld in deciding cases of such nature as if it was a real case. The mooters drafted memorials and provided the mock bench with in-depth oral arguments, based on the sides they each represented. We believe that these wildlife moots will be instrumental in inspiring young lawyers to pursue careers in environmental law and specifically wildlife issues which are often sidelined for being less lucrative compared to commercial, international, human rights, consumer law and protection course units at university. The wildlife moot further opens the lenses of the university to design and tailor elective course units or non-accredited chapters focusing on contemporary wildlife issues.
As highlighted by Dr. Simon Nampindo, the Country Director Wildlife Conservation Society, illegal wildlife trade is interconnected to wildlife trafficking, and human trafficking, and undermines the rule of law. IWT affects the economy and compromises our health and well-being. From a legal perspective, reducing IWT provides great opportunities to deal with cross-border issues and endowments that traverse boundaries. Wildlife trafficking, human-wildlife conflicts predicate cases associated with wildlife trafficking, and money laundering have commercial, constitutional and international law ingredients which young people need to be exposed to and become wildlife advocates, judges for wildlife and utility courts or animal rights activists. This will greatly influence public policy and perspectives of wildlife crime beyond the moot courtroom.
The students were further guided on court etiquette, written submissions and how to make arguments concisely, admissible digital evidence and the burden of proof if they are to successfully prosecute or defend environmental crimes. Students learnt that issues of Indigenous rights, wildlife conservation and economic benefits are more complex than they seem and hence require proper deliberation and application of common law, international conventions, precedence and other disciplines for one to derive an agreeable position, in an argument.
The fact that 90% of the mooters were first-year students who had not even sat for any university examination, competing against second, third and fourth-year students, is evidence of the level of enthusiasm that the exercise attracted. This is bound to influence their choice of elective course units in future. Reflecting on this Dr. Dan Ngabirano, the head of the Department of Environmental Law acknowledged that “A student can go through law school and proceed to the Law Development Centre (LDC) without interfacing with issues related to wildlife. Criminals tend to prioritize issues of murder, and human rights” which highlights the impact that such moot courts are likely to have on young legal minds professions.
In this context, therefore, exposing law students to wildlife conservation issues provides an early career path and is an eye-opener which primes them to take on the mantles of wildlife conservation and animal rights advocacy roles.
The moot court created awareness and sensitization of wildlife and Indigenous peoples' rights to the participants. According to Ms Edisa Longo, the President of Moot Society, resights the word of the former Chief Justice in 2017, at the opening of the Uganda Wildlife Utility Court; the Chief Justice of Uganda emphasized that the utility court would be based on the constant re-education of members of the bench. In her submission, therefore, the moot court delivered on the aspirations of the former Chief Justice of Uganda, as participants were rightly served with a balanced menu of arguments based on national and international legislations, of wildlife and environmental issues.
Dr. Ngabirano re-echoed the impact of such indirect education and awareness sessions and had this to say; Imagine if the High Court or public advocates are brought in to adjudicate the moot court competition, this will provide a unique opportunity for sensitizing and creating awareness about the values of wildlife including creatures as little as dung beetles, bees, houseflies to elephants. How these power human survival! What a unique and innovative opportunity would such a moot court competition be for conservationists to sensitize the learned friends at a level of High Court Judges or utility courts if brought in to preside over the competition in future! On the contrary, what better way would an aspiring legal practitioner expect than being taught by a real High Court Judge? It is important to note that keynote talks from the Country Director of the Wildlife Conservation Society, the Acting Principal School of Law and mooters' research on wildlife crime and conservation cannot be underestimated. Mooters got a taste of a day in the life of a wildlife advocate; to speak, write and defend those who cannot do it for themselves- animals and vulnerable people.
As the moot competition required participants to work in teams, it brought to life the impact of teamwork and collaboration to accomplish what may seem like a big and daunting task. The mooters complemented each other, in researching, presentations, and providing notes to an individual pleading before the jury and we envisage that such collaborations and team spirit might go along for life.
The second wildlife conservation moot court attracted 274 participants (155 males and 119 females), with 92% of the participants aged between 18-35 years old, individuals whose career path might be influenced and swayed to the environmental law profession. The Moot court is part of the USAID/Uganda Combating Wildlife Crime Activity interventions aimed at educating and sensitizing key non-state actors on the dynamics of wildlife crime and inspiring them to take positive actions. The interventions are supported by the American People and implemented by the Wildlife Conservation Society in collaboration with Makerere University, School of Law.