GE 2112: ENVIRONMENTAL POLICY, LEGISLATION AND GOVERNANCE LECTURE 5, 6, 7, & 8 Mr. Idrissa Y. H. Assistant Lecturer in Geography & Envt. Department of Social Sciences State University of Zanzibar Monday 14, December 2015

REVIEW OF TANZANIA MAJOR LEGAL FRAMEWORK FOR ENVIRONMENTAL PROTECTION  Evolution of Environmental Policy/Law (Origins and Motive)  The Role of constitution in environmental protection  Different environmental laws/legislation and policies  Tanzania Environmental Policy 1998 and Zanzibar Environmental Policy 2013  Environmental Management Act No. 20, 2004  Zanzibar Environmental Act of  Sectoral based policies and Acts

E VOLUTION / MOTIVES OF ENVIRONMENTAL POLICY / LAW IN T ANZANIA (1)  Over the past few decades, environmental protection has emerged from a point of obscurity to one of the important issues of our time.  Both at the international and national planes, the dominant theme of the environmental protection movement is the achievement of sustainable development  The origins of environmental policy and law in Tanzania can be traced due to many international efforts to promote sustainable development.  As such the ultimate goal of environmental protection as exhibited in various environmental legislation and policy is to ensure we meet the requirement of sustainable development.

E VOLUTION / MOTIVES OF ENVIRONMENTAL POLICY / LAW IN T ANZANIA (4)  Sustainable Development underlies the Rio Declaration on Development and Environment, the Tanzania National Environmental Action Plan (NEAP) and the Tanzania National Conservation Strategy for Sustainable Development (NCSSD); Zanzibar Environmental Policy of 1992 and the current 2013; and Zanzibar Environmental Management Act both of 1996 and the current one of  The contemporary international norm which underpins environmental law generally is undoubtedly the notion of sustainable development.  World Commission on Environment &Development (the Brundtland Commission) convened by the United Nations in 1983 in response to global environmental concerns, coined the term sustainable development.

E VOLUTION / MOTIVES OF ENVIRONMENTAL POLICY / LAW IN T ANZANIA (5)  During the 1992 UNCED held in Rio de Janeiro, Tanzania, together with other countries, made a declaration to abide by the principle of sustainable.  The government is also a signatory and has acceded to a number of other international and regional environmental treaties as follows:- 1) Convention on Biological Diversity ratified on 8 March 1996; 2) Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Eastern African Region and Related Protocols ratified on 1 March 1996; 3) United Nations Convention to Combat Desertification ratified in April 1997;

E VOLUTION / MOTIVES OF ENVIRONMENTAL POLICY / LAW IN T ANZANIA (6) 4) United Nations Framework Convention on Climate Change ratified in April 1996; 5) The Vienna Convention on the Protection of Ozone Layer and Montreal Protocol on Substances that Deplete the Ozone Layer acceded on 7 April 1993 and 16 April 1993 respectively; 6) Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal acceded on 7 April 1993 and, 7) Bamako Convention on Ban of the Import into Africa and the Control of Transboundary Movements of Hazardous Wastes within Africa ratified on 7 April 1993.

E VOLUTION / MOTIVES OF ENVIRONMENTAL POLICY / LAW IN T ANZANIA (7)  One of the challenges that faced Tanzania after acceding to the Rio Declaration was in the taking of necessary legislative steps to ensure sustainable development.  Some of the institutional and legislative efforts take are:-  Established the Planning Commission under the President’s charged with national development planning and economic management to facilitate the integration of environmental concerns in development planning.  Promote the establshment of various environmental NGOs and CBOs  Craft a Nantional Environmental Action Plan.  Devise 2004 Environmental Management Act, and establish NEMC.

K EY POLICY INSTRUMENTS USED IN T ANZANIA (1) The key policy instruments & strategies for achieving sustainable development are:- 1) Environmental impact assessment (ESIA, SEA, HIA, etc.) 2) Environmental legislation (mainly based on command and control), 3) Economic instruments (market based instruments e.g. pollution charges (tax), emission tradable permits, subsidies etc.) 4) Environmental indicators and standards (e.g. water quality standards, discharge limits or standards, emission standards, technological standards, design standards etc.) 5) Public participation (e.g. community participation, collective actions etc.) 6) Education and Research

THE ROLE OF CONSTITUTION TO ENVIRONMENTAL PROTECTION (1)  The Constitution of the United Republic of Tanzania was amended in 1984 to provide for the Bill of Rights.  Article 14 of the Bill of Rights stipulates that every person has a right to life and to the protection of life by society.  The High Court in a landmark ruling in the case of Festo Balegele v Dar es Salaam City Council interpreted this article to mean that persons are entitled to a healthy environment, and held that the City’s decision to locate the garbage dump near residential areas violated plaintiffs’ constitutional rights to a healthy environment.  Article 9 of the Constitution requires the Government to ensure that national resources are harnessed, preserved, and applied toward the common good.

THE ROLE OF CONSTITUTION TO ENVIRONMENTAL PROTECTION (2)  The country’s major sources of law include: the common law; principles of equity; statutes of general application; Islamic law in some instances; customary law; international conventions to which Tanzania is a party; constitutional law; and principal, subsidiary, and case law.  However, the main sources of environmental law are the common law and the statutory law in the form of principal legislation, subsidiary legislation and international law and the Constitution.  This demonstrates that, it is worthwhile to include environmental laws into the constitutions for effective protection environmental media.  In Swede, for instance, the Constitution has enumerated a list of environmental goals to be achieved by the country.  Do you think is reasonable to have a provision on environmental protection in our constitution apart from the statutory environmental laws we have i.e. EMA (2004); Zanzibar Environmental Management Act, 2015.

G OALS OF E NVIRONMENTAL MANAGEMENT ACT 2004 (1) Environmental Management Act. Cap. 20 of 2014 is the major legislation framework for regulating environmental protection in Tanzania Mainland. It is designed as:- a) An Act to provide for legal and institutional framework for sustainable management of environment; b) To outline principles for management, impact and risk assessments, prevention and control of pollution, waste management, environmental quality standards, public participation, compliance and enforcement; c) To provide basis for implementation of international instruments on environment;

REVIEW OF ZANZIBAR ENVIRONMENTAL /POLICIES

ORIGIN OF ENVIRONMENTAL LAWS IN ZANZIBAR: HISTORICAL PERSPECTIVE  Zanzibar started its first environmental policy on 1992 and also enacted a comprehensive legal framework which was Environmental Management and Sustainable Development Act of  It has also integrated into planning process through Planning Commission environmental considerations into national plans of Zanzibar albeit very recently.  Establishment of ZEMA under the new Environmental Management Act of  The production of State of Environment Report since 1996 which informs about the state of Zanzibar environment.

E NVIRONMENTAL LAW ACROSS SECTORS

E NVIRONMENTAL LAW / GOVERNANCE ACROSS SECTORS  Land Sector  Forest Sector  Wildlife Sector  Water Sector  Mining Sector  Energy Sector  Tourism Sector  Agricultural Sector

ENVIRONMENTAL LAW/LEGISLATION AT GLOBAL LEVEL: A CASE OF CLIMATE CHANGE AND WILDLIFE PROTECTION