UNITED REPUBLIC OF TANZANIA

Transcription

1 UNITED REPUBLIC OF TANZANIA LAWS, INSTITUTIONAL ARRANGEMENT AND CHALLENGES OF THE ENVIRONMENTAL MANAGEMENT IN TANZANIA Mr. JACOB MOKIWA and Mr. ISAKWISA MWAMUKONDA Legal Officers-Legal Services Unit Vice President s Office Presented at: Global Training Programme on Environmental Law and Policy Nairobi, Kenya 5-13 October, 2015

2 OUTLINE An overview of the Environmental Management in Tanzania Relevant Policies and Legislations Institutional Arrangements Implementation of the Multilateral Environmental Agreements Challenges Achievements Way Forward

3 Environmental Management in Tanzania Tanzania is a country with, by and large, a pristine environment and has a landscape of about 945,087 square kilometres, made up of ocean, lakes, arable and non-arable land mass, hills and mountains. The country is one of the most mega bio diverse country and is also endowed with various environmental resources :- land, air, atmosphere, water, wildlife, forests, mineral resources, wetlands, renewable energy sources, oil & gas, etc. This calls for strong measures for the protection and management of it so as to ensure that it continues to support services for a healthy society and strong economy

4 continues Environmental Management in Tanzania is guided by several national policies and legislation. National Environmental Policy (1997) Environmental Management Act (2004) National Environmental Action Plan (2013) National Strategy for Growth and Reduction of Poverty II (2010) and Tanzania Development Vision 2025.

5 Relevant Policies and Laws. 1. National Environmental Policy (1997) The Policy provides a framework for making fundamental changes that are needed to bring environmental considerations into the mainstream of decision-making in Tanzania. It provide policy guidelines and plans and gives guidance to the determination of priority actions, for monitoring and regular review of policies, plans, and programmes. It further provides for sectoral and cross- sectoral policy analysis thus exploiting synergies among sectors and interested groups.

6 2. Sectoral Policies National Agriculture Policy (2013), National Livestock Policy (2006), National Irrigation Policy (2010), National Forest Policy (1998), Fisheries Sector Policy (1997), Wildlife Policy (2007), National Tourism Policy (1999), National Water Policy (2002), National Land Policy (1995), National Biotechnology Policy (2010), Mineral Policy of Tanzania (2009), National Health Policy (2007), National Energy Policy (2003), Sustainable Industrial Development Policy (1996), National Population Policy (2006) National Human Settlements Development Policy (2000).

7 Legislations 1. Constitution of the United Republic of Tanzania (1977) Article 14 stipulates that every person has a right to life and to the protection of life by society. This right was by judicial interpretation extended to include the right to a safe, clean and healthy environment. Article 9 requires the Government to ensure that national resources are harnessed, preserved, and applied toward the common good. The draft constitution ( 2015) has a direct article that recognizes the right to a safe, clean and healthy environment as a fundamental right.

8 continues 2. Environmental Management Act (2004) Is the principle legislation on environmental management in the country. It is supported by sector legislation and is implemented by subsidiary legislation. The Act enjoys a superior status over all other sector legislation. The Act provides the legal and institutional framework for the sustainable management of the environment from the highest unit of administration to the lowest.

9 Sectoral Legislations The Forest Act (2002); Wildlife Conservation Act (2009); Marine Parks and Reserves Act (1994); Fisheries Act (2003); Plant Protection Act (1997); Land Act and Village Land Act (1999); Water Resources Management Act 2009 Water Supply and Sanitation Act (2009); Local Government (Urban Authorities)Act (1982); Public Health Act (2009); and Mining Act (2010).

10 Regulations under EMA Environmental Impact Assessment and Audit Regulations (2005); Registration of Environmental Experts Regulations (2005); Fees and Charges Regulations (2007); Ozone Depleting Substance Regulations (2007); The Biosafety Regulations (2009); Hazardous Waste Management Regulations (2009); Solid Waste Management Regulations (2009); Strategic Environmental Assessment Regulations (2009); Air Quality Standards Regulations (2007); The Soil Quality Standards Regulations (2007); Water Quality Standards Regulations (2007); Noise and Vibrations Standards Regulations (2009); Environmental Inspectors Regulations (2011); Control of Plastic Bags Regulations (2015); etc.

11 Regulations in Draft Stages Persistent Organic Pollutants Regulations; Economic Instruments for protection of the environment Regulations; Electronic Waste Regulations; Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade Regulations; Conservation of Biodiversity in-situ Regulations; Conservation of Biodiversity ex- situ Regulations; Access and Benefit sharing for genetic resources Regulations; etc

12 Institutional Arrangement The Vice President s Office Division of Environment Has the function of overall coordination and management of the environment and is also responsible for articulation of environmental policy and legislations. The Minister responsible for Environment Is responsible for matters relating to environment and in that respect be responsible for articulation of policy guidelines necessary for the promotion, protection and sustainable management of environment in Tanzania. The National Environmental Advisory Committee Is an advisory body established with the mandate of advising the Minister responsible for Environment or any sector Ministry in all matters related to the protection and management of environment.

13 continues The Director of Environment Is responsible for coordinating various environment activities being undertaken by other agencies and promotes the integration of environment considerations into development policies, plans, programmes, strategies, projects and undertake as well as process or issue several environmental permits. National Environmental Management Council Undertakes enforcement, compliance, review and monitoring environmental impact assessment and to facilitate public participation in environmental decision making etc. Public Interest litigation Environmental Inspectors Environmental Appeals Tribunal

14 continues Sector Ministries Each Ministry consist of an environmental section Unit with responsibilities of ensuring compliance of environmental laws and report their implementation to the Director of Environment and NEMC. Regional Secretariat Is responsible for co-ordination of all advice on environmental management in their respective regions (local authorities) and liaison with the Director of Environment and the Director General. Local Government Authorities Environmental matters are also managed at the City, Municipal, District and Town levels of administration; coordinated by Environment Management Officers.

15 Implementation of Multilateral Environmental Agreements Tanzania is a party to various international treaties aiming at the protection of the environment. The treaties are divided among those having a global and regional application. As a dualist state, the country domesticates MEAs through the creation of enabling legislations/or regulations.

16 Major Conventions on Environment that Tanzania is a Party to are:- Convention on Biological Diversity(Ratified-1996); United Nations Framework Convention on Climate Change (Ratified 1996); United Nations Convention to Combat Desertification (Ratified-1975); Ramsar Convention on Wetlands (1975); Convention on International Trade in Endangered Species of Wild Fauna and Flora (Ratified-1975); Convention on the Protection and Use of Transboundary Watercourses and International Lakes (Ratified-1996); Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (Ratified-1992); Bamako Convention on the Ban of the Import into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes within Africa.

17 continues Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (Ratified-2004); Stockholm Convention on Persistent Organic Pollutants POPs (Ratified-2004) The Convention on Preservation of Fauna and Flora in their Natural State, London (Ratified-1993); The Convention on the African Migratory Locust, Kano (Ratified-1962); Nairobi Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Western Indian Ocean Region (Ratified- 1996); The Vienna Convention on the protection of the Ozone Layer (Ratified-1986); Montreal Protocol on Substances that Deplete the Ozone Layer. The Minamata Convention on Mercury ( Ratification process in ongoing )

18 Other Implementing MEAs Measures Strategies, Plans and Programs National Biosafety Strategy and Action Plan (NBSAP). National Biosafety Framework on Cartagena Protocol on Biosafety National Adaptation Plan of Action Plan on Climate Change. National Implementation Plan for Stockholm Convention on Persistent Organic Pollutants. National Action Plan for the Implementation of Rotterdam Convention. The National Action Plan for the Implementation of Convention on Combating Desertification. Ozone depleting Substances Licensing System

19 Challenges Challenges Inadequate human, infrastructure and financial capacity for managing environmental management at all levels; Low level of awareness of the public on environmental issues; Low level of enforcement and compliance of relevant policies and laws; No striking balance between conservation and utilization for the sustainable use of natural resources.

20 ACHIEVEMENTS Continued formulation, development, review and implementation of relevant sectoral policies, legislations, strategies, guideline and plans which address aspects on environment; Cooperating with international and regional communities in the management of environment; Institutional capacity building and awareness.

21 WAY FORWARD To review and/or putting in place relevant policies, legal and institutional frameworks for addressing the problem in order to accommodate new emerging issues in relation to environmental management; To involve key stakeholders for effective implementation and monitoring of relevant policies, legislations, strategy and plans; To promote public awareness and participation on environmental management; To strengthen implementation of action plans and strategies; To design and implement programs and projects at LGAs To promote regional and international cooperation on environmental management; To promote research and dissemination of findings on natural resources management and conservation.

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