RIGHTS, ENVIRONMENTAL CRIMES AND NATURAL RESOURCES GOVERNANCE IN THE CONTEXT OF TANZANIA.

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1 RIGHTS, ENVIRONMENTAL CRIMES AND NATURAL RESOURCES GOVERNANCE IN THE CONTEXT OF TANZANIA. Donald Anthony Mwiturubani, Ph.D University of Dar es Salaam Geography Department,

2 Introduction Tanzanians have the right to safe environment and obligations to safeguard the environment The Environmental Management Act (EMA), 20 of 2004 stipulates that every citizen of Tanzania should have the right to clean, safe and healthy environment - basic human right to the environment Environment the total context within which all the components of nature (natural, cultural and social) exist and interact. Environment provides goods and services for human survival and development food, shelter, climate stabilization and moderation etc. Despite its impotance, environment and natural resources therein is a victim of human aspirations for development

3 Introduction Cont... The millennium development goal number 7 indicates that countries should ensure environmental sustainability The constitution of the United republic of Tanzania is the pillar of governance of the people and the environment in Tanzania Article 27 of the 1977 constitution points out that Every person is obliged to safeguard and protect the natural resources of the United Republic, state property and all property jointly owned by the people It adds that all persons shall be by the law required to safeguard state and communal property, to combat all forms of misappropriation and wastage and to run the economy of the nation assiduously, with the attitude of the people who are masters of their own nation.

4 Introduction cont... Chapter three of the proposed new constitution of the United Republic of Tanzania highlights the rights and obligations of Tanzanians in relations to land, environment and natural resources governance and management The chapter as stipulated in article 23 through 27 is more on ownership and the role of the state. It fails to link the environment and natural resources with human rights to safe, clean and healthy environment. Among the new additions is the right of the women to have access to, use and own land.

5 Natural Resources Tanzania is endowed with abundant natural resources - lands, water, forests, minerals, oil and gas, wildlife, marine, and even the emerging biofuel potentials Livelihoods and survival of the current and future generations in Tanzania are and will continue to depend on the exploitation of the environment and natural resources - prevention, control and elimination of any damage to the environment and natural resources Sustainable management and utilization of environmental resources is of paramount importance and require clear policies and legislation to guide the management and utilization of environmental resources

6 Threats to natural resources Threats to the environment and natural resources in Tanzania vary greatly both over time and space deny some Tanzanians right to healthy environment Poverty: leads to livelihoods that demand overreliance on natural resources, leading to their over-use and destruction. Environmental problems aggravate the poverty situation and make sustainable development an elusive goal Land degradation: soil erosion, encroachment and exploitation of marginal lands for agriculture due to population increase; overstocking of livestock beyond carrying capacities Hazardous wastes: medicinal wastes from dispensaries and hospitals - no incinerators?

7 Threats cont. Destruction of forests: Forest cover in Tanzania is estimated at 1.7% of the total land area and an annual reduction rate of 3% -over-reliance on wood fuels, charcoal burning, illegal logging, frequent forest fires and encroachment for cultivation and grazing Loss of biodiversity: clearing habitats; over exploitation of certain tree species; over-reliance on monocultures, erosion of indigenous knowledge related to biodiversity, poaching, and introduction of invasive species Water pollution: by organic, inorganic and microbial matters -effluent from industry and agricultural activities, municipal solid and liquid wastes, and mining activities.

8 Threats cont. Air pollution: effluents from municipals and industries, wild fires, solid wastes, transportation, etc. Investments and land grabbing: land tenure systems in Tanzania caused misunderstandings btn local people and central and local governments- In the name of investments individuals and companies tend to acquire land in most cases without the consent of local people who use the land to meet their daily livelihoods. This system, which enables central government represented by line ministries to grant land to investors without consultation and or participation of local people have increased land use conflicts

9 Threats cont. Non-compliance: People entrusted with powers to manage the environment and natural resources either collude with environmental criminals or do not comply with statutory obligations such as strict Environmental Impact Assessment and audits. Corruption and lack of political will: collusion between decision makers and law enforcers and environmental criminals and or violators Greed: profits making; wealth accumulation this involves people with money and politicians who can influence decisions. Inadequate law enforcement: inadequate capacity; Lack of coordination between different law enforcement agencies and officials wildlife and forestry policies;

10 Environmental Crime Some of these environmental issues could be categorized as environmental crimes because they contravene to the enacted laws while others are just environmental problems, which could be dealt with administratively Environmental crime: defined as a grave act against the environment, which results in the infringement of this statutory right of Tanzanians to enjoy their environment. For the act to qualify as a crime however, it must violate some laid-down law, and should be punishable by law national or international

11 Environmental Crime.. Internationally, there are five key broad areas of offences that have been recognized by bodies such as the G8, Interpol, the European Union (EU), (UNEP) and the United Nations Interregional Crime and Justice Research Institute - illegal trade in wildlife and their products; illegal trade in ozone-depleting substances; dumping and illegal transport of various kinds of hazardous waste; illegal, unregulated and unreported fishing, and illegal logging and trade in timber. Equally important are biopiracy and transport of controlled biological or genetically modified organisms; illegal dumping of oil and other wastes in oceans; trade in chemicals, and Fuel smuggling to avoid taxes or future controls and trade on carbon emissions.

12 Environmental Crime.. Environmental crimes in the forestry sector: The Forest Act of 2002 lists a number of offences and penalties which are related to forest resources. The offences include: Offences committed in forest reserves enter without permit; damage; grazing Offences relating to listed wild plants - exploitation, sale, purchase and export of listed wild plants Offences relating to trade in forest produce - harvesting, carrying, selling, stocking and exporting such produce Offences in connection with fires -willfully and unlawfully sets fire to any forest reserve, forest plantation, standing trees

13 Environmental Crime.. Illegal logging harvesting, transporting and selling of timber Sandalwood smuggling harvesting, transporting and selling of sandalwood The Wildlife Act of 1974 list offences which are related to wildlife resources Illegal entry and hunting in the protected areas such as national parks Illegal entry and hunting in the game controlled areas and game reserves permission from Director of wildlife required Illegal trade in bush meat

14 Environmental Crime.. The Water Utilization (Control and Regulation) Act of 1974 and its amendments and the public healthy Act of 1995 Water pollution from different sources Discharge of untreated wastes into water bodies Illegal abstractions/connection of water Corruption in the granting of water use rights Dumping of hazardous waste: industrial wastes (materials, substances, oil); plastic wastes (plastic bags, plastic bottles); agricultural wastes (agrochemicals and veterinary wastes); electrical and electric gadgets (computers, cell phones, radios, televisions) counterfeit??

15 Environmental Crime.. Environmental crimes related to marine and fisheries resources dynamite fishing; coral mining; use of poison in fishing; use of foreign vessels in fishing without license Environmental crimes in the mining sector unfilled mining pits; mercury pollution; noise pollution; dust pollution not meeting standards?? These environmental crimes deny majority of the population their right to safe, clean and healthy environment. Hence the need for good governance in natural resources use and management

16 Natural Resource governance Understood in relation to the various structures, processes and relationships aimed at securing institutional, legal, planning, training and capacitybuilding requirements necessary to facilitate stakeholders efforts in relation to the environment and natural resources All processes or actions undertaken by a government, market or network, whether on a family, ethnic group, formal or informal organization or territory and whether through laws, norms, power or languages in making order (governing). Natural resource governance has never been a harmonious process in Tanzania. The rights of local people to use, control, own and manage natural resources not seem to be beneficial to local people

17 Centralized natural resources governance Colonial era - laws and policies placed the control of natural resources in the hands of government institutions and so alienated access and ownership rights from indigenous people. In governance terms, the colonial period represented the formation and imposition of centralized management institutions for nearly all of the key resources found in Tanzania Local people were moved out of new protected areashence loss of native lands to colonial government and impoverishment of indigenous communities as the resources they depended on were removed from their control.

18 Governance cont 1970s entrenched and reinforced centralized natural resource management practices propagated through ujamaa ideology placed authority and responsibility for natural resources in the hands of the State, with few provisions for community participation 1980s onwards marked a shift from socialist to liberal and neoliberal socio-economic development policies governance shift?? But, un-harmonized and uncoordinated laws and policies as Kimani (2010) observed major concerns of natural rsources governance in Tanzania is the failure of EMA 2004 to resolve the jurisdictional overlap created by the previous sector- based framework environmental laws

19 Decentralized governance Decentralization is an important milestone to enhance best practices in natural resources governance in any country Decentralization process divided into two periods namely and to date Decentralization aimed at giving freedom to local people for both decision-making and participation in matters, which are primarily of the local impact including natural resources management; and reducing administrative costs from the central government authorities; a strategy to ensure sustainable use, management and conservation of natural resources

20 Legal framework Tanzania has developed environmental legal framework to govern the utilisation and management of natural resources. Legislation and policies provide the establishment of a national environmental agencies (NEMC, directorate of environment) Established and make Environmental Impact Assessment mandatory for any project related to the environment

21 Challenges to fighting envtal crime Lack of deterrent penalties Lack of proper enforcement Lack of policy harmonization both in-country and crossboarders Inappropriate capacity of law enforcement agencies and officials Inadequate public participation particularly local community Lack of a clear environmental communication strategy on applicable legislations Lack of harmonization in managing trans-boundary ecosystems such as parks and waters lack of political will Corruption and non-compliance to the set rules and regulations by high level government officials

22 Measures to address environmental crimes Good governance accountability, transparency, empowerment Harmonization of environmental related laws and improved coordination among and between environmental law enforcement agencies and officials Public awareness communication strategy be established Political will in the protection of the richness of the country biodiversity non-compliance (impunity) military officials Build capacity of environmental law enforcement agencies and officials environmental inspectors, investigators and prosecutors

23 Ok. Let us all do something! The question is who will take the lead?

24 Thank You