THE ASSESSMENT OF INTERNATIONAL CONVENTIONS AND MUNICIPAL LAWS IN RELATION TO THE PROTECTION OF COASTAL ENVIRONMENT: THE CASE OF DAR ES SALAAM TANZANIA By Christopher Elly Nsemwa A Dissertation Submitted in Partial Fulfillment of the Requirement for the Award of Masters of Laws (International Law) of Mzumbe University Mzumbe University June 2012 CERTIFICATION We the undersigned, certify that we have read and hereby recommend for acceptance by the Mzumbe University, a dissertation entitled The assessment of International Conventions and Municipal Laws in relation to the Protection of Coastal Environment; A Case of Dar es Salaam, Tanzania.
In partial fulfillment of the requirements for award of the degree of Master of International Law of Mzumbe University ___________________________ Prof. Padma Sabaya Major Supervisor ___________________________ Internal Examiner Accepted for the Board of Faculty of law _________________________ DEAN FACULT OF LAW DECLARATION AND COPYRIGHT I, CHRISTOPHER ELLY NSEMWA, declare that this thesis is my own original work and that it HAS NOT been presented LIKEWISE WILL NOT be presented to any other university for a similar or any other degree award.
Signature ___________________________ Date________________________________ © This dissertation is a copyright material protected under the Berne Convention, the Copyright Act 1999 and other international and national enactments, in that behalf, on intellectual property. It may not be reproduced by any means in full or in part, except for short extracts in fair dealings, for research or private study, critical scholarly review or discourse with an acknowledgement, without the written permission of Mzumbe University, on behalf of the author.
ACKNOWLEDGEMENTS This work has been a result of contribution of many people as well as from various institutions dealing with environmental issues in Tanzania. That being the case it won’t be easy to mention all the names of fellow who have contributed to the presence of this work. However I request all whose name will not be mentioned hereunder, to accept my apology but in real sense I do recognize their contributions as such. On the other hand there names that I can’t avoid mentioning, and giving my sincere thanks: Firstly is my Father, Elly L.
Nsemwa for his moral and material support for fulfillment of this work. Also my appreciation goes to my family in general my beloved wife, Hellen C. Nsemwa, my Daughter Rose Christopher, my Son Elly Christopher, for their pertinent and tolerance on my absent in the family, as I was away for data collection and report writing. However from the bottom of my heart I wish to thank my supervisor, Professor Padma Sabaya for spending her valuable time to supervise me, from the beginning of my research proposal up to this Juncture.
Her scholarly guidance and help in finding materials; comments and valuable criticism have enabled me to come up with meaningful work, for the betterment of environmental protection. From the inner part of my heart I do appreciate her: Secondly I would like to acknowledge the material assistance which I received from Professor Khan Faculty of Law Mzumbe University, Dr. Gaston Kennedy of the Faculty of Law, University of Dar es Salaam. It would be unfair if I do not acknowledge my Employer Tanzania Peoples Defense Forces (TPDF) for financial support from the very beginning of my studies, up to this juncture.
But also my sincere thanks goes to my beloved brothers Asifiwe Alinanusye, and Geofrey Mwansoho for their materials support which assisted me to come up with sound full work of this nature, and the whole research at large. My thanks also goes to Lawyers Environmental Action Team (LEAT) at Dar es Salaam, Centre for European Studies at Torino, Italy for allowing me to have access to the materials where I fetched relevant documents to my topic. Furthermore, I wish to recognize the help I got from my friend Immaculate Shuli, for commenting parts of this work and sharing of literature and its formulation.
Lastly, I thank all the respondents who agreed to take their valuable time to answer my questions and finally gave me useful information as it manifests for my work. I real appreciate them for their valuable time. I hereby declare that any mistake which may still be found in this work will be mine and I will be fully responsible for it in fully. May God help me. DEDICATION This work is dedicated to my Mother Rosemary Shogha, and my Grand mother Alatwisila Nyambo. I know your souls are happy right now, and you both feel proud of me as well.
I have proved to you my elder that I can still prosper in academic for the betterment of my family. I wish you could be here by my side and celebrate all together the fruits of investments for Education on me. May your Souls Rest in Eternal Peace, Amen ABBREVIATIONS AND ACRONYMS AMCENAfrican Ministerial Conference on Environment CapChapter of the Laws CBD Convention on Biological Diversity CEESTCentre for Energy, Environment, and Science & Technology CIEL Centre for International Environmental Law CSD Commission on Sustainable Development
CTE Committee on Trade and Environment DDTDichloro Diphenyl Trichloroethane DMIDar es Salaam Marine Time Institutes, EMAEnvironmental Management Act EC European Community EdnEdition EEZ Exclusive Economic Zone EIA Environmental Impact Assessment ERBEnvironmental Regulatory Body ESRFEconomic & Social Research Foundation EU European Union EUs Environmental Units GEF Global Environment Facility GEMSGlobal Environment Monitoring System GHG Greenhouse Gases IbidIbidem I. C. J. International Court of Justice Reports IMDGInternational Maritime Dangerous Goods
JEATJournalists Environmental Association of Tanzania KTMKaribu Textile Millis LRTAP Convention on Long-Range Trans-boundary Air Pollution MARPOLInternational Convention on the Prevention of Pollution by Ships NGO Non-Governmental Organization OAS Organization of American States OAU Organization of African Unity OECD Organization of Economic Cooperation and Development Op citIn the work Mentioned Para Paragraph POCAPollution Control Association POPs Persisant Organic Pollutants PPage PPPages PPP Polluter Pays Principle REPOAResearch on Poverty Alleviation
TBLTanzania Breweries Limited TBSTanzania Bureau of Standards TESOTanzania Environmental Society TPDFTanzania Peoples Defense Forces TWCSTanzania Wildlife Conservation Society TAWLATanzania Women Lawyers Association UNUnited Nations UNCED United Nations Conference on Environment and Development UNCLOS United Nations Convention on the Law of the Sea UNCTAD United Nations Conference on Trade and Development UNDP United Nations Development Program UNECE United Nations Economic Commission for Europe UNEP United Nations Environment Program
UNESCO United Nations Educational, Scientific and Cultural Organization UNFCCC United Nations Framework Convention on Climate Change VLCCVery Large Crude Carriers. WSSD World Summit on Sustainable Development WTO World Trade Organization WHOWorld Health Organization NCSSD National Conservation Strategy for Sustainable Development NEAP National Environmental Action Plan NEP National Environmental Policy VPO Vice President’s Office DoE Division of Environment EIA Environmental Impact Assessment EMP Environmental Management Plan SBCSerengeti Breweries Company. ABSTRACT
This research dealt with the assessment of international instruments and municipal laws present in Tanzania, to determine the extent of their contribution or how they have protected the coastal zone environment, but also how the present institutional framework has favored the coastal zone environment. The rationale behind this study come from the fact that the constitution of United Republic of Tanzania 1977, has not addressed enough the aspect of environment, likewise the environment Management Act of 2004, has addressed various terms of environment, to the extent making it an offence for any one to pollute environment.
However the same Act has not addressed the terms of coastal zone management which it calls for more research to be carried on under this area, with the view to determine how this part of environment should be managed. This study involves both, the library and field research, the researcher has employed the two techniques that is purposive and snowball sampling in this research, whereby the former types of sampling procedure enabled the researcher to get data from prominent respondents. While the later were applied to few selected experts as well as those with sufficient experience.
The targeted population includes 2 legal officers from the Office of Vice President, Environmental division; The National Environmental Council: 7 Lawyers from various NGOs: 10 Fishermen: 5 different people: and 2 Officials: The finding of the study proves to the hypothesis that the present legal regime in the Tanzania has not addressed in precise the coastal zone environment, which gave the room to the researcher to propose or recommend some steps to be undertaken should we wish to preserve and manage the coastal zone environment.
The stapes to be taken being: establishment of international and National law specifically to address and protect the coastal zone environment. Conclusively this study form part of the most useful research to address environmental problems especially the coastal zone management, but also it addresses the most notable source of this problems namely poverty, lack of environment education: corruptions, and poor planning on the part of the government. LIST OF STATUTES A : International Instruments The Convention on the Territorial Sea and the Contiguous Zone: 1958 The Convention on the Continental Shelf: 1958
The International Convention for the Prevention of Pollution of the sea by Oil: 1962 The African Convention on the Conservation of Nature and Natural Resources: 1968 The International Convention on Civil Liability for Oil Pollution Damage: 1969 Compensation of Oil Pollution Damage: 1971 The Convention Concerning the Protection of World Cultural and Natural Heritage: 1972 The Convention on Long-range Trans-boundary Air Pollution: 1979 The United Nations Convention on the Law of the Sea: 1982. Coastal Environment of the Eastern African Region: 1985
The Basel Convention on the Control of Trans-boundary Movements of Hazardous Wastes and their Disposal: 1989 The Convention for the Protection, Management and Development of the Marine and The Convention on Biological Diversity: 1992 The International Convention on the Establishment of an International Fund for The Rio Declaration on Environment and Development (Agenda 21): 1992 The United Nations Convention to Combat Desertification: 1996 The Bamako Convention on Ban of the Import into Africa and the Control of Trans-boundary Movements of Hazardous Wastes within Africa: 1998 The Stockholm Convention on Persistent Organic Pollutants: 2001
B: Domestic Laws The Constitution of United Republic of Tanzania: 1977 as amended from time to time. The Local Government (Urban Authorities) Act, 1982. The National Environment Management Council Act, 1983. The Land Use Planning Commission Act, 1984. The Plant Protection Act, 1997. The Surface and Marine Transport Regulatory Authority Act, 2001 The Merchant Shipping Act 21, 2003. The Industrial and Consumer Chemicals (Management and Control) Act, 2003. The Environment Management Act, No 20 of 2004. The Water Resources Management Act, 2009. The Mining Act, No. 4, 2010; The Environmental Management (Soil Quality Standards) Regulations, 2007 Environmental Management (Hazardous Waste Control) Regulations, 2009 LIST OF TABLES Table 4. 1 showing the responses on the question: Do you think environmental laws present in Tanzania have addressed in precise terms the management of the coastal environment Table 4; 2 showing the responses on the question: Do you think in your opinion the efforts carried out in the country to mitigate environmental problems addresses in the same scale as the coastal environment Table 4. showing responses on the question, do you think the enforcement mechanism helps in the protection of coastal environment Table 4. 4 showing the responses on question: Do you think there is a need to have a new law relating to the management of the coastal environment Table 4. 5 showing the responses of fishermen on the question: Whether they know the existence of laws relating to the management of the coastal environment LIST OF FIGURES Figure 4. 1 Pie chart showing the responses on the question: Do you think environmental laws present in Tanzania have addressed in precise terms of the management of the coastal environment Figure 4. Pie chart showing the responses on do you think in your opinion the efforts carried out in the country to mitigate environmental problems addresses in the same scale as the coastal environment Figure 4. 3 Pie chart showing the responses on the question do you thinks the enforcement mechanism helps in the protection of coastal environment Figure 4. 4: Pie chart showing the responses on the question: Dou you think there is a need to have a new law relating to management of the coastal environment Figure 4. Pie chart showing responses of fishermen on the question : Whether they know the existence of laws relating to management of coastal environment TABLE OF CONTENTS CERTIFICATIONi DECLARATION AND COPYRIGHTii ACKNOWLEDGEMENTSiii DEDICATIONv ABBREVIATIONS AND ACRONYMSvi ABSTRACTix LIST OF STATUTESx LIST OF TABLESxii LIST OF FIGURESxiii CHAPTER ONE GENERAL INTRODUCTION 1. 1 Introduction1 1. 2 Background to the problem. 3 1. 3 Statement of the problem7 1. 4 Hypothesis12 1. 5 Objectives of the research:12 1. 6 Significance of the study:13 1. 7 Literature review14 1. 8 Research design and methodology:20 . 8. 1 Sample size and sampling procedure20 1. 8. 2 Sample size21 1. 8. 3Sources of data:21 1. 8. 4 Methods of data collection:22 1. 8. 4. 1Primary data:22 1. 8. 4. 2 Interview:22 1. 8. 4. 1. 1 Questionnaire:22 1. 8. 4. 1Secondary data:23 1. 8. 4. 2. 1 Documentary review:23 1. 8. 4. 2. 2 Electronic sources:23 1. 8. 5 Data processing and analysis. 23 1. 8. 4 Scope and limitation of the study;24 1. 8. 7 Description of the area of study:24 1. 8. 8 Geographical location:24 CHAPTER TWO THE CONCEPTUAL FRAMEWORK OF COASTAL ZONE MANAGEMENT 2. 1 Introduction25 2. 2 Environment25 2. 3 Environmental law. 27 . 4 International environmental law27 2. 5 The coastal environment27 2. 6 Pollution28 2. 7 Polluter29 2. 8 Pollutants29 2. 9 Population density30 2. 10 Dumping of waste30 2. 11 Conclusion. 31 CHAPTER THREE THE LEGAL AND INSTITUTIONAL FRAMEWORK OF COASTAL ZONE MANAGENENT IN TANZANIA 3. 1 Introduction32 3. 2 Legal Framework32 3. 2. 1 The coastal zone management at the international community32 3. 2. 1. 1The United Nations Convention on the Law of the Sea 198234 3. 2. 1. 2The Convention on the Territorial Sea and the Contiguous Zone 195834 3. 2. 1. 3The Convention on the Continental Shelf 195835 3. 2. The coastal environmental protection in Africa;36 3. 3 The legal protection of coastal zone management in Tanzania38 3. 3. 1The Constitution of United Republic of Tanzania 1977. 39 3. 3. 2Legislations40 3. 3. 2. 1The Local Government (Urban Authorities) Act of 198240 3. 3. 2. 2Land Use Planning Commission Act of 198442 3. 3. 2. 3 The Plant Protection Act, 1997. 42 3. 3. 2. 4The Surface and Marine Transport Regulatory Authority Act, 200143 3. 3. 2. 5The Merchant Shipping Act 21 200343 3. 3. 2. 6 Industrial and Consumer Chemicals (Management and Control) Act, 2003. 45 3. 3. 2. 7The Environmental Management Act, 20 of 2004. 6 3. 3. 2. 8The Water Resources Management Act, 2009. 49 3. 3. 2. 9 The Environmental Management (Soil Quality Standards) Regulations, 2007. 50 3. 3. 2. 10 Environmental Management (Hazardous Waste Control) Regulations, 2009. 51 3. 4. The institutional framework for coastal environmental protection in Tanzania53 3. 4. 1 Vice President Office Environment Division54 3. 4. 2 The National Environment Management Council (NEMC)54 3. 4. 3The intergovernmental environmental institutions. 55 3. 4. 4 Non Governmental Organizations (NGOs). 55 3. 5 Conclusion57 CHAPTER FOUR FINDINGS AND ANALYSIS OF COASTAL ZONE MANAGENTIN TANZANIA 4. Introduction. 58 4. 2 Findings of the study58 4. 2. 1Data Collected from the office of the Vice President; division of environment59 4. 2. 2 Data collected from National Environmental Management Council (NEMC)62 4. 2. 3 Data collected from Non-Governmental Organizations (NGO’s)63 4. 2. 4 Findings from fishermen67 4. 2. 5 Findings from various people69 4. 3 The Analysis of coastal zone environmental problems. 70 4. 3. 1 Industrialization as source of pollution. 70 4. 3. 2 Population. 71 4. 3. 3 Tourism72 4. 3. 4 Lack of education:73 4. 3. 5 Corruption74 4. 3. 6 Poor planning and policies75 4. 3. 7 Lack of manpower/personnel76 . 3. 8 Weaker environmental laws and lack of enforcement77 4. 3. 9 Urbanization78 4. 3. 10Coastal degradation and erosion79 4. 4 Testing of hypothesis80 4. 5 Conclusion81 CHAPTER FIVE SUMMARY, RECOMMENDATIONS AND CONCLUSION 5. 1 Introduction. 82 5. 2 Summary. 82 5. 3 Recommendation86 5. 3. 1 The establishment of international convention on costal zone management86 5. 3. 2 Constitutional amendments;86 5. 3. 3 Enactment of coastal zone management act:87 5. 3. 4 Amendments of existing laws:87 5. 3. 5 Strict Application of environmental laws by the Judiciary:87 5. 3. 6 Establishment of sectoral environmental institutions:88 5. . 7 Establishment of environmental funds. 88 5. 3. 8 Future steps in addressing population issues in coastal regions. 88 5. 3. 9 Establishment of environmental education from primary to higher learning institutions;89 5. 4 Conclusion. 89 REFFERENCES91 APPENDIX 194 CHAPTER ONE GENERAL INTRODUCTION 1. 1 Introduction The coastal areas are important part of Tanzania and to any other coastal state, these zones are important because a majority of the world’s population inhabit in coastal zones. Coastal zones are continually changing because of the dynamic interaction between the oceans and the land.
Waves and winds along the coast are both eroding rock and depositing sediment on a continuous basis, and rates of erosion and deposition vary considerably from day to day along such zones. The coastal zone contains highly productive habitats, which are important for human habitations, development and the livelihood of local populations. More than half of the world population lives at least 60 kilometers from a coast, a proportion that might rise up to three quarter in 2020. The coastlines contain essential resources for local communities and populations therefore they are more crowded by poor people especially in developing countries.
The crowding of the coastal areas increased pollution and destruction of the coast this led to an attention for water pollution in 1980s. The oil spill of the Exxon Valdez showed many around the world just how horrible the effects of water pollution could be. Every year, 14 billion pounds of sewage, sludge, and garbage are dumped into the world’s oceans. 19 trillion gallons of waste also enter the water annually. The problem of ocean pollution affects every nation bordering the sea or close to the sea around the world. This is especially true because water is able to transport pollution from one location to another.
For many years, chemicals were dumped into bodies of water without concern. While many countries have tried to ban such behavior, it is still going on. Due to the facts that the world has industrialized and its population has grown, the problem of water pollution has intensified. The simple fact that there are millions of people living along coastlines and near rivers means that these bodies of water are likely to be contaminated by pollution resulting from domestic or industrial processing. Thus it is hard now to know, what the oceans will look like in the future, or the clear understanding as to how pollution will damage the environment.
The coastal areas are an important part of Tanzanian identity. From earliest times, when transportation depended from water, to and from the sea has been the home to the significant part of the population. The earliest industries were centered on fisheries and shipbuilding, and many early agricultural operations relied on draining coastal marshes. Today, the coastal areas continue to provide good places to live and work for many Tanzanians, and an increasing population of outsiders who came as tourists.
Coastal lands and waterways support fisheries and tourism and continue to play a part in transportation, all dependent on the safety of natural habitant and ecosystems which are unique and present into the coasts. A number of factors, from human activity to changes in global climate have placed stresses on coastal areas, creating greater risk to public safety and structural damage, affecting important agricultural lands, and threatening the bio-diversity of plant and wildlife which have sustained coastal regions for centuries.
The present challenge is to ensure future viability of coastal areas in terms of economic and community growth through advances in environmental protection. That is often particularly acute within developing countries where demographic trends, coupled with requirements of economic growth, suggest that pressures on coastal areas and their associated resources will continue to increase. Therefore, appropriate management and use of coastal zones is needed both regionally and globally. 1. 2 Background to the problem.
Environmental laws have come out of age, its development has been a collection of rules that developed sporadically and its history goes deep to human civilization. Few examples can be seen from the early Egypt where the protection of Nile River was made part of faith and whoever polluted the river it was believed could not go to heaven. The Romans were not silent because they prohibited the discharge of waste into other’s property and passed a legislation to protect the city’s supply of clean water for drinking and bathing.
In Tanzania as the case study from the early ages it was known that, it was traditionally prohibited and it was a taboo for any one to pollute or damage a source of water, like a River, or a Well, and thus any one caught to pollute or damage it, was isolated and denied the use of such water source for three years, or pay fine of about 3 to 5 heads of castles. This proves how important it was on the aspect of environmental protection.
These early efforts were centered on a specific problem and in a specific country; however the international community has for several decades shown concern for the ecological balance and environmental protection globally. However internationally the increased sophistication in appreciating the risk to the earth’s environment; the irreversible damage which may be caused by human activity has resulted in a conscious effort, both by governments acting collectively but also by non-governmental organizations, to invoke legal protection of the environment.
For the first time an effort was carried at a regional level in 1902 where the interest was on the protection of birds which were useful for agriculture. The first convention to this effort was concluded under the name Convention for the protection of birds useful for agriculture in Paris. This convention was purposefully meant for Africa.
Another effort in regards to the protection of environment was concluded between states was the inter-state treaty which was signed between the United States of America and the Great Britain later joined by Japan and Russia Much was done in 1930’s where there was a London Convention Relative to the Preservation of Flora and Fauna in their Natural State. The Convention provided for the Creation of National Parks, (this marked the foundation of the creation of national parks which exist until today in many countries).
It also provided for measures to regulate the export of hunting trophies and banned certain methods of hunting. Another convention adopted in the same year was The Convention on Nature Protection of Wildlife Preservation in the Western Hemisphere. Having known that water was shared among States and pollution of the same will affect all the States when this water passes in their territory some treaties to protect a certain river or water source were entered among States, one of these treaties was the Convention on the Canalisation of the Mosal in Luxembourg 1956.
Environmental Law gained a momentum after the arbitral award in Trail Smelter case where it was stated that ‘no state has the right to use its territory or permit it to be used to cause serious damage by emissions to the territory of another State or to the property of persons found there. ’ In this award the Tribunal created and imposed a duty to States that they make sure that each takes necessary steps to protect another State from pollution. In addition States are obliged to use their territories in consideration of the rights of other States.
The increase in conscience about environmental problems in 1968 made the Council of Europe, the United Nations and the Organisation of African Unity to take major steps, for example the Council of Europe adopted a Declaration on Air pollution and the European water Charter of May 1968 and the European Regional Environmental Treaty On the side of Africa some efforts included signing of the African Convention on the Conservation of Nature and Natural Resources, which replaced the former London Convention. This new convention is more comprehensive than the former one concluded in 1902.
At this time environmental Law was based on a particular matter it aimed at controlling, however the marine environment was not excluded on it. This is because the aim at first was to control pollution which as of the time was caused mainly by oil spillage. So The London Convention for the Prevention of the Pollution by Ships was signed. The same regime witnessed other conventions in 1958 in the name of The Convention on the High Seas, The Convention on Territorial Water, The Convention on the Continental Shelf and the Convention on Fishing and Conservation of the Living Resources of the High Seas. Each Convention dealt with a specific issue.
For example there was prevention on pollution by oil or pipelines and by radioactive waste and damage to the marine environment caused by drilling operations on the continental shelf. In the aspect of conservation in Tanzania, especially on coastal zone began in the early colonial era; however the notable effort and policies were ascertained in many parts of Tanganyika after independence in 1961 that was supported by the permission by the Tanganyika Government to allow the colonial structure and policies used by British colonial government to protect coastal environment and other natural resources.
It was from this aspect that many European Conservation Organizations took part on conserving the coastal zones and other identified parts of environment and wild life zones in particular, from there these organizations kept close eyes to the country’s coastal zones. Most of the duties of these organizations were to give guidelines to the indigenous as well as government officials on how to preserve environment. The importance of conserving the coastal zone and wild lives was seen to be important to the economy of Tanzania since the time of independence as was once said by the first Tanzania President the late JK Nyerere.
That the primary purpose of conservation in Tanzania after decolonization was not to conserve the environment for ordinary Africans, who had long made their livelihoods on those lands, rather, it was to conserve them for wealthy tourists with a “strange urge” to see Tanzania’s impressive wildlife, and who would in turn bring a great deal of money into the Tanzanian economy, thus it was from this foundation that the new era of conservation began.
On 1980’s where many institutions including International Monetary Fund (IMF) and the World Bank (WB) plus other Non Governmental Organizations NGOs began to promote and implement projects that aimed to protect environment natural resources and its management (NRM). Hence Tanzania started enacting various laws, to protect environment in general. This aimed to support international effort to preserve environment and its natural resources of what is witnessed today. 1. 3 Statement of the problem The constitution of the United Republic of Tanzania has some provisions which address the issue of environment in general terms.
The Constitution allows the people to have an access towards environmental information as provided under article 18(d). It also gives the duty to individuals to protect natural resources as provided under Article 27(1). Despite having some provisions in relation to the environment the constitution has not addressed the issue of coastal management in precise terms. It has not provided for a right to a clean environment; however this right can be read together with section 4 of EMA. The management of the environment is under EMA which clearly makes it an offence to pollute environment, still its enforcement has been a notable weakness.
Despite the facts that this Act provides for the detailed measures for the protection of ecological processes, the sustainable utilization of Ecosystems and for the environmental protection as a whole, but it is not an effective Act. Perhaps this is because there are no regulations made to implement it. The practice shows that there is a lack of capacity to enforce environmental laws and lack of working tools which makes the environment protection to suffer the damage to the great extent, it result into dirty, unsafe, and unhealthy environment.
Perhaps this will continue in many years to come if no Regulations are made to implement the Act, This problem seems to be so serious in coastal areas than in countryside because it is accompanied by various urban centers, close to large polluting industries, ie Processing ;amp; manufacturing industries, rubber industries, etc, but also the presence of pesticides industries which has most adverse impact to living organism in sea where they actually dump their end products.
While other areas which are found in remote places has little, or no pollution at all because of lack or no human activities. The knowledge of extent of environmental pollution in most of the developing countries is very limited. Despite the fact that Tanzania has few industries or industrial centers, Dar es Salaam is the most industrial area in the country, and also this area is more densely populated since 1980s, that being the case the environmental pollution might have direct influence on the public health.
It is the view of the researcher that this problem needs more research to be addressed of which will find out the solution to it. It is argued by many writers that International law is a soft law. This is because its sanctions depend on the willingness of the members to be bound by that treaties or conventions. However international environmental Law uses principles which are easily enforced at both national and international levels.
The management of the Sea has called the attention of the international community in the recent years, what has to be noted here is that, laws are influenced by the development attained by states, the geographical location and the policies of the time as RR Churchill and Lowe says. The notable effort done at international level in regards to the management of the sea in general can be seen in 1930’s where three conventions were adopted. These conventions are the Territorial Sea Conventions 1958, the convention of the High Sea 1958, and the Continental Shelf convention, 1958.
These treaties or agreement are clearest expression of legal understanding made by states. They are binding only upon the states parties to them, and the same treaties provide a clear and conclusive statement of the rights of the states parties to it, in relations with each other. These conventions are 1958; convention on the Territorial Sea, 1958, Convention on the high Seas 1958 and the Convention on the Continental Shelf 1958, all these conventions did not address in precise terms the protection of Coastal environment.
That was because these Conventions were mainly concerned with the maritime zones. The other Conventions on the preservation of the pollution from ships of 1973, seems to have addressed the issue of pollution in the oceans however it has not addressed the Coastal environment. The other effort of the international level in relation to the management of the Sea is the Law of the Sea Convention of 1982 this Convention provides a framework in which the coast can be protected and managed.
The Coast has played various great roles since time in memorial, as an important point in water has been used as recreational, as an important point in water ways and also as a defensive area against invasion. These uses of the coastal have resulted in the destruction of it and therefore it has brought the attention of the researcher in assessing the International Conventions and Municipal Laws in relation to the protection of Coastal zone environment. It is evident that in several parts of the world, the rapid population has increased pollution and degradation of the Coastal environment.
Due to the discharges of wastes in the Sea, construction of recreational facilities, consequently Coastal States are proclaiming their interests in an integrated management and a sustainable valorization of the Coastal zones and Marine environment found within their national jurisdiction. The management of the coastal environment at the regional level can be seen from Africa. The continent has tried to make sure that the coast is protected. To that effect the continent has enacted a convention that bans the importation into Africa hazardous waste. It is called the
Bamako Convention on the Ban of the Hazardous Waste in Africa. The Convention prevents and prohibit the importation of hazardous waste however it does not specifically address the coastal zone environment. At a sub-regional level there have been several attempts to make sure the coastal environment is protected from unprecedented human activities. For example in East Africa the member states have managed to enact a convention in regards to the coastal environment. The convention is called the Convention on the Coastal Environment Protection in East in Africa, 1996.
This convention is very clear regarding pollution done at the coastal areas. Reading from Article 5 to Article 12 the signatories are duty bound to make sure the coastal is managed properly. Therefore this convention provides a best framework upon which the members can adhere to it, or domesticate the same. Tanzania is a member to both International, and Regional arrangement. It has been benefiting from the membership and therefore it carries obligation arising there from. However for these conventions to be enforceable must be domesticated within the municipal laws as they are not self executing.
They often require domestication in addition to signature, ratification by the parties before they enter into force. The same position was stated by Judge Augustino Ramadhani in Transport Equipment Ltd and Reginald John Nolan v Devran P. Valambia. Therefore Tanzania by ratifying the international Conventions, it has signified its intention to be bound by the conventions. However the legal framework does not reflect this commitment. An overview of the Tanzania laws done below shows how the laws do not address the management of coast in regards to pollution, or its management.
Despite the efforts deployed at international levels, regional, sub-regional, national especially in the field of laws and policies, it seems that current strategies for the protection and management of coastal zone environment do not always allow a sustainable development to be reached to its required standard. The present legal framework, from international to the Municipal level, does not give a clear picture being in practice to protect coastal environments. But rather these efforts are seen to be in writings and left to be locked up.
While pollution and deterioration of the coastal zone environment still grow up to the maximum level. With these problems it is the intention of the researcher to find out what will be the solutions to overcome the same. In order to have the safe, clean, and healthy kind of coastal zone environment. 1. 4 Hypothesis This research was guided by the following hypothesis (i) That, both the international conventions and municipal laws have not properly protected the coastal environment (ii) That, there is a need to have an Act which will regulate coastal environment in Tanzania. iii) That, the institutional framework for the management of environment is weak and thus inefficient. (iv) That, the environmental principles have not been utilized enough to protect coastal environment. 1. 5 Objectives of the research: i. To assess the legal mechanism at both international and national levels through which the coastal environment is managed. ii. To make an examination on institutional problems that affects the management of coastal environmental. iii.
To make recommendations on what have to be done in order to protect the Coastal environment. 1. 6 Significance of the study: This work as it has been stated, evaluates the existing conventions to which Tanzania is a part, and its municipal laws, on its capacity to protect coastal zone environment. It looks at whether or not there has been state or government effort, enough to warrant fully protection of this kind of environment. Furthermore it touches at state violations of the present laws and regulation that protect environmental worthiness.
It is therefore an invitation to other human rights advocates, local and international lawyers, researchers and Non-governmental organizations to contribute to the development of a fuller identification of actual potential violations of environmental problems. On the other hand, to advocate towards formulation of policies and laws through which coastal zone environment can be safe and therefore utilized sustainably. To achieve this goal this work aims at acting as a tool towards assessing the government performance. Since it is through understanding the most ignificant violations, it will be made possible to develop the standard that Tanzania aims at attaining towards complying with international environmental program and other conventions that deal with environmental problems, for this one coastal zone environment. Moreover the research is expected to add utility to Non Governmental Organizations (NGOs) the Government and public at large to be aware of the necessity of having clean, safe and healthy environment, by changing the existing environmental regime towards acting positively on over role protection of environments in general.
This research generally is expected to bring a paramount importance as basis for other scholars or researcher’s inputs as far as coastal zone environmental protection is concerned. 1. 7 Literature review Bryceson, I. , (1983), Explain that In Dar es Salaam, domestic waste is the most serious source of pollution. The waste generated by 15% of the city residents who are connected to the sewer system is discharged into the sea untreated. As a result, the coastal waters, especially in vicinity of the Dar es Salaam harbor, are heavily polluted.
Discharge of untreated sewage in Dar es Salaam has resulted in high fiscal and total coli form levels in the same areas. The situation is made worse by a broken sewer pipe which discharges untreated sewage on sandy-mud flats near the harbor which is said to threaten invertebrates and fish. the chlorinated organic compounds are at alarming levels in the harbour areas as are heavy metals. Lack of specific laws to govern waste management in the harbour areas, has contributed to the sufferance from oil pollution, from the refinery at Kigamboni, and industrial wastes from Keko, Chang’ombe, Kurasini, Mtoni and Temeke.
These discharge heavy metal, pesticide, organic, and paint wastes into the nearby area. However the writer has not given the area which needs a fundamental legal framework to insure coastal environment protection thus is the intention of the researcher to make a notable research on the extent of which the law should provide for environmental protection Tanzania specifically on coastal zones. The Walioba Commission for Corruption (1996). Where the commission said the essence of failure of the Environmental Impact Assessment (EIA) has been contributed by the huge corruption practices of ublic servant, (Public Leader) to favor their friends who are foreign investors for personal benefit. But also it has been a problem to hold them liable due to the weakness in the Tanzanian environmental laws and regulations. On the other hand the commission has not addressed the poverty as the most sources of human being depending solely on environment as source of income, This attracts the researcher to find out the area of weakness in of which guarantees the loopholes to the corrupts public servant not to be responsible for environmental degradation in coastal areas of Tanzania.
Kenyuan Zou (1998). The author of this article is of the view that, the force behind the presence of right of innocent passage for warships, or ships carrying hazardous or noxious substance, is from big maritime powers, which the rate of having dangerous pollutants from this warships, fuel ships, or big industries is highly than from developing countries.
That is the reason the developing countries did not accept the insertion of the right of innocent passage for warship, or ships carrying hazardous substances, within the law of the sea convention III, putting forward reason that those ships are endangering security and coastal environment of their states. However the same failed as result, instead the convention provides that, Subject to this Convention, ships of all States, whether coastal or land-locked, enjoy the right of innocent passage through the territorial sea.
Now the statement “all ship” as applied in the convention includes warship and ships carrying dangerous substances. However the author did not analyze in precise on what could be done by developing state in order to protect their coastal environment after the Law of the sea convention failed to protect, by allowing right of innocent passage, to warship and ships carrying dangerous substance in the coast. It is the intention of the researcher to fill the necessary steps to be included within the Law of the sea convention with the view to protect the coastal environment. Alexandre K. amp; D. Shelton, (2003). Contend that, as a whole, international instruments concerning coast environmental pollution distinguish four categories of pollution: vessel-based pollution coming from normal utilization of the oceans; pollution arising from exploration or exploitation of the sea bed; land-based pollution whether coming from direct discharges into the ocean or carried into it by rivers; and finally deliberate and large, mostly industrial, dumping of wastes. Pollution transported by air may be added, including that derived from incineration of wastes at sea or along the coast.
The authors also have discovered that Legal norms must be flexible to deal with this diversity of situations. As International legal rules affirming state responsibility for environmental damage caused by pollution are a beginning, but they lack concrete standards and means of implementation. Likewise, the authors suggested that compensation must be assured by other means, primarily through internal legal proceedings, for damage caused by pollution of the marine or coastal environment. On the other hand the International environmental law places its emphasis on prevention.
Numerous standards prohibit certain deliberate or intentional acts or strictly regulate them. To minimize accidental environmental harm, other legal principles must be applied, such as strict rules governing the construction of tankers, navigation, and the training of crews. It is clear that marine environmental pollution due to accidents can only be combated through international cooperation. In this regard, a 1969 Convention permits intervention on foreign-flag vessels on the high seas in case of accidents that involve or threaten marine environmental pollution.
Part of the task of international law is to further develop international cooperation. However these authors have put more emphasis on the marine management and very little on Coastal management, most of the discussion is based on marine environment and the likely measures to be taken to overcome its problems. But they haven’t given enough weight on how the present international instruments can protect or assist the management of coastal environment as such or even the measures thus it is the intention of the researcher to fill the gap on this.
Brownlie Ian ;amp; Sands (2003). Propound that, in protecting coastal environment, the practice of states and the literatures provide support for a number of emergent, but still evolving, legal principles. Probably the best known of these is the precautionary principles. Although ‘there is no uniform understanding of the meaning of precautionary principle, among the state and other members of the international community the principles has widely used in international environmental law, perhaps more than in any other field of international law.
However these two authors failed to give the weak point on the application of this principle, as it is seems to be hampered by both lack of political will, as well as the wide range of interpretation placed on it. One study placed 14 different formulations of the named principle in treaties and Non-treaty declarations. Thus it is the researchers’ intention to look into the application of legal principles in the management of the coastal environment such principles are the Precautionary Principle and polluter pay principle of which will fit the protection of Tanzanian coastal zone environment.
World Health Organization (2007). WHO observed that over the next thirty years, most of the world’s population growth will occur in cities and towns of poor or developing countries, the region will see an absolute increase of nearly a billion of people over the next three decades growth concentrated mostly in urban areas. In Africa, the urbanization process also is occupying a space. For example, in the United Republic of Tanzania, the population of Dar es Salaam is doubling every 12 years.
Rapid, unplanned and unsustainable patterns of urban development are making developing cities focal points for many emerging environment and health hazards especially on coastal areas. As urban populations grow, the quality of the urban environment will play an increasingly important role in public health with respect to issues ranging from solid waste disposal, provision of safe water and sanitation, and injury prevention, to the interface between urban poverty, environment and health.
However the WHO report failed to give out the weakness or otherwise of the legal framework on the whole process of family planning, which is likely to reduce or remove of overpopulation on coastal areas, of which is a notable method to combat environmental degradation. Since most people on these areas are notably poor who depend sorely on environmental for survival. Mann I, (2009). Expresses the importance of polluter pays principles that as principle of environmental law, has found disagreement as such.
But it is prudent and wise to use the paid pollution fine from the polluter into the renovation of the affected part of environment. From this issue the author finds it necessary that environmental problems, such as that of pollution, can not be addressed in isolation by individual state as one but rather it should be dealt by international Organizations, on one hand while the international law on the other, should provide for an effective mechanism joint approaches that deal with national and regional element of environmental problem at the same time.
However the author has not addressed the need to have a specific law to govern the utilization of the fine acquired from pollution, which had been another problem, that despite the payment being made by the polluters, there has been a problem of re-allocation of that money into other problems or even misuse by people entrusted. Thus it is the intention of this research to address on how this fine paid by polluters of environment should be returned into solutions of environmental problems. Stratton Jane (2009).
Is of the view that, dumping of waste resulted from land based activities, isn’t the discretion of person, organization, or vessel carrying such waste, but rather is the duty of the state in which the waste is loaded, or the flag state of the vessel in which the waste is carried. He went on to say the wastes from land based activities are categorized into three: those which can not be dumped in any circumstances, (Radio Active Wastes), those which can be dumped by special permits, and those which can be dumped with general permits.
However the author didn’t see the problem of inequality between the poor or developing and the developed countries in the question of management and dumping of waste. What can be seen in poor countries especially African countries is the problem of having corrupt government, which does work within their ambit of the laid down duties. The author in one hand didn’t touch the question of corruption as the source of failure on most African government to control the dumping of waste from land based activities.
While in the other he didn’t touch on the problem of poverty and lack enforcement to the provisions of instrument which are in place to govern the management of coastal zone environment. Thus is the intention of the researcher to explore and find out what are the main points to facilitate the issue of corruption poverty and lack of enforcement to deter the problems of the deterioration of coastal zone environment in most of developing countries, Tanzania being inclusive. Lawyers Environment Action Team, (LEAT) (2011).
Explains that environmental impact assessment, as an environmental management tool is a recent phenomenon in Tanzania’s environmental protection regime. Likewise, the development of the legal regime in respect of EIA is still in its early stages and evolving. It may, therefore, be too early to make a fair judgment of the laws given the relatively short experience that we, as a country, have had on this subject. However the Report doesn’t give the way forward on how Tanzania should focus on either of the two; one being how to make the EIA most effective to assist environmental protection against foreign investors who seems not to care the dverse impact to coastal environment, and, secondly the report has failed to give the extent of which Tanzania lacks experience on applying present laws to safeguard and protect the coastal zone environment. It is from this gapes that the researcher aims to fill in by finding out the relevant solution. 1. 8 Research design and methodology: This part entails the framework in which the study was carried out. It aims at describing the methods employed in collection of data.
But also describe the sample size and sampling procedure, in other hands it explains the source of data, normally this includes primary and secondary together with data analysis. The study involves both library research and field research. 1. 8. 1 Sample size and sampling procedure The so called sampling is a process of obtaining information about an entire population by examining only a part of the total population and not the entire of it. The researcher employed both types of sampling in this study. Namely purposive, and snowball sampling, the two types of sampling procedure are non-probability sampling techniques.
On the other hand, the former technique has been preferred to allow the researcher to get data from prominent respondents. Thus by employing this kind of technique the decision regarding the element, to be included or not in the sample was on the discretion of the researcher. This is due to the fact that only prominent people that the researcher believed that they possess the relevant experience those who have been either affected or do affect the area of research, and hence they seemed to be able to deliver the expected information of which formed data of the sample.
Although this technique looks biased to some people on the whole population size, still it is the cheapest one for sample selection. The later technique was adapted because of the nature of the study in that few people are knowledgeable in the field under investigation. Therefore the few selected experts as well as those with sufficient experience identified others who had the required information. 1. 8. 2 Sample size Targeted population included 2 legal officers from the office of Vice President Environmental Division, (VPO).
The National Environmental Management Council, (NEMC). But also seven (7) Lawyers from various NGOs 10 fishermen, 5 different people, 2 officials and international Lawyer from United Nations Environmental Programme, (UNEP). 2 officials from Tanzania Harbor Authority (THA). 4 students and lecturer respectively from Dar es Salaam Marine Time Institutes, (DMI) 1. 8. 3Sources of data: On the aspect of data, both primary and secondary sources of data were employed in this study. Primary data was obtained directly from the respondents during the field work.
Data from secondary source were obtained from law libraries of Mzumbe University, University of Dar es Salaam, school of Law of the University of Dar es salaam (formerly faculty of law) and the main library, High Court and Court of Appeal in Dar es Salaam. These secondary data included both published and unpublished materials. 1. 8. 4 Methods of data collection: The researcher collected data by the following major means, interview, and questionnaires, this is in primary data collection, and documentary review during secondary data collection. . 8. 4. 1Primary data: The researcher interviewed as well issued questionnaire, to various public officials from these offices, namely The Vice President Office (Environmental Division) VPO. National Environmental Management Council, (NEMC) and Lawyers Environmental Action Team (LEAT) and the United Nations Environmental Office (UNEP). 1. 8. 4. 2 Interview: This method of data collection involved unstructured interview which does not follow a system of predetermined questions, as well as standardized techniques of recording information.
Such circumstances call for much greater freedom of the interviewer’s task in case of need, supplementary questions or omit certain questions if the situation so requires. The researcher found this method more convenient compared to the other (structured interview) because due to novelty of the topic variation of information is most likely. This cannot be achieved when using structured or semi structured interview. 1. 8. 4. 1. 1 Questionnaire: The researcher personally delivered the questionnaires to potential respondents with a request to fill them at their convenient time.
And thereafter the researcher recollected the filled in responses from the offices presented by the said questionnaires. 1. 8. 4. 1Secondary data: This is a data that has been written and documented. It is very important because it is the source of information that establishes the gap that has to be filled. Also it provides the baseline upon which a researcher builds his/her theoretical framework. 1. 8. 4. 2. 1 Documentary review: Under this aspect the documentary review is aimed to be employed on one hand whereby various Libraries were visited with intention to gain solutions of various problems especially legal problems.
This was done through consultation of various Conventions and statutes, books, Articles, past reports done by other authors in relation to this work. The various Libraries of Dar es Salaam, University, Mzumbe University, National library of Tanzania Dar es Salaam were visited. 1. 8. 4. 2. 2 Electronic sources: In conducting this research the usefulness of internet was highly utilized, as it assisted in getting current news and data which were useful and relevant to this research. Thus various website which were environmental based were utilized on one way or another. . 8. 5 Data processing and analysis. This aspect of Processing of data involved editing, coding and classification. Collected data was edited to identify errors and omissions and to make necessary corrections. Also, to ensure clarity, correctness and consistence of data with other facts gathered. Both field and central editing was conducted. Thereafter data was coded. Coding refers to the process of assigning numerals or symbols to the answers so that responses can be put into a limited number of categories or classes. This was done in order to facilitate analysis.
The next step was the classification of data by putting data having the same traits together in a number of classes to reduce the bulkiness of the collected raw data. And, lastly, data was tabulated to make comparison possible and identification of errors easy. After processing, data was analyzed by evaluating the responses on the hypothesis and the verification of the problem. 1. 8. 4 Scope and limitation of the study; Tanzania coastal line stretches for almost 800 kilometers, comprising of five regions Tanga, Coast, Mtwara, Lindi and Dar es Salaam.
However since most of the laws and policies under review apply to mainland Tanzania therefore the scope of the study is limited to the coastal zone of Tanzania mainland, specifically Dar es Salaam and some parts of the Coast Region. 1. 8. 7 Description of the area of study: Due to the availability of data in various offices, this research was conducted in Government offices, NGOs offices, private and faith based industries, hospitals and health centers in Tanzania mainland. 1. 8. 8 Geographical location:
The study took place in Tanzania mainland particularly Dar es Salaam as coastal area and it is fully flagged with big polluting industries, shipping activities, fishing ground and wastes dumping area. Also the area was of an interest to the researcher due to lack of funding. CHAPTER TWO THE CONCEPTUAL FRAMEWORK OF COASTAL ZONE MANAGEMENT 2. 1 Introduction This chapter reveals the broad understanding of most theories, concepts of law and practice on the aspects of coastal environmental management especially in coastal states particularly Tanzania.
This chapter forms a paramount significance in understanding various concepts relating to coastal management, while giving the relevant meaning of the concepts of which one can grasp its applicability towards management of coastal environment. 2. 2 Environment For many people the term “environment” refers only to flora and fauna, such as trees, animals, birds and insects. It is in fact a much broader concept than this. The environment refers to almost everything around us, as well as the interactions and processes that link these different elements.
It includes tangible environmental resources such as water, land, minerals, forests, rangeland, crops, wildlife and air, as well as the problems and issues resulting from the inadequate management of these resources such as disease from polluted water, respiratory problems from air pollution, displaced populations as a result of drought, and loss of livelihoods and income as a result of degradation of land and the resources on it. A legal definition of the “environment” is important to delineate the scope of the subject, and determine the application of legal rules, and establish the extent of liability when harm occurs.
Under the English-language term “environment” is borrowed from an ancient French word “environner”, meaning to encircle. Most languages had to borrow or invent new terms when concern emerged about the potential destruction of natural resources and processes on which life depends. A program of UNESCO uses the term “biosphere” to designate the part of the universe where, according to present knowledge, all life is concentrated. Webster’s Dictionary begins with a general definition of the environment, reflecting the original French meaning: “the circumstances, objects, or conditions by which one is surrounded.
It continues with a more precise meaning: “the complex of physical, chemical, and biotic factors (such as climate, soil, and living things) that act upon an organism or an ecological community and ultimately determine its form and survival” to which it adds “the aggregate of social and cultural conditions that influence the life of an individual or community. ” The last definition is very broad and brings problems such as traffic congestion, crime, and noise within the field of environmental protection. In law, “environment” can refer to a limited area or encompass the entire planet, including the atmosphere and stratosphere.
International legal instruments generally define “environment” broadly. A text of the European Community includes “water, air and land and their interrelationship as well as relationships between them and any living organism. The Tanzania environmental law provide that: “environment” includes the physical factors of the surroundings of human beings including air, land, water, climate, sound, light, odour, taste, micro-organism, the biological factors of animals and plants, cultural resources and the social economic factor of aesthetics and includes both the natural and the built environment and the way they interact. . 3 Environmental law. Over the past several decades, growing public awareness of threats to the environment, informed by warnings of scientists, has led to demands that law protect the natural surroundings on which human well-being depends. Under growing pressure from national and international public opinion, governments began to demonstrate concern over the general state of the environment during the 1960s and introduced legislation to combat pollution of inland waters, ocean, and air, and to safeguard certain cities or areas.
Simultaneously, they established special administrative organs, ministries or environmental agencies, to preserve more effectively the quality of life of their citizens. Developments in international environmental law paralleled this evolution within states, reflecting a growing consensus to accord priority to resolving environmental problems. Today, national and international environmental law is complex and vast, comprising thousands of rules that aim to protect the earth’s living and non-living elements and its ecological processes. . 4 International environmental law International environmental law is complex and vast, comprising hundreds of global and regional norms that aim to protect the earth’s living and non-living elements and its ecological processes. This relatively recent body of law emerged from growing public awareness, informed by warnings of scientists, that our planet is endangered by the activities of an ever-increasing number of humans, by invasive technology, and by rapid consumption of the earth’s resources.
Environmental degradation is evident in the pollution of rivers and lakes, black tides along the coasts, and poisonous fog and smog in the cities of nearly all countries. Other problems stem from endemic poverty, including desertification and the creation of immense urban areas. Throughout the world, humans are causing the unprecedented extinction of biological resources. 2. 5 The coastal environment; The term coastal environment means “the navigable waters (including the lands therein and there under) and the adjacent shorelines (including waters therein and there under).
The term includes transitional and intertidal areas, bays, lagoons, salt marshes, estuaries, and beaches; the fish, wildlife and other living resources thereof; and the recreational and scenic values of such lands, waters and resources. On the other hand a coastline or seashore is the area where land meets the sea or ocean. A precise line that can be called a coastline cannot be determined due to the dynamic nature of tides. The term “coastal zone” can be used instead, which is a spatial zone where interaction of the sea and land processes occurs.
Both the terms coast and coastal are often used to describe a geographic location or region. This concepts coastal zone means the geomorphologic area either side of the seashore in which the interaction between the marine and land parts occurs in the form of complex ecological and resource systems made up of biotic and abiotic components coexisting and interacting with human communities and relevant socio-economic activities.
On the other hand, coastal zone means the coastal waters (including the land therein and there under and the adjacent shore lands (including the waters therein and there under, strongly influenced by each and in proximity to the shorelines of the several coastal states, and includes islands, transitional and intertidal areas, salt marshes, wetlands and beaches. 2. 6 Pollution Pollution can be defined as any action or condition impinging on land, air or water, which is detrimental to health, sanitation or the public interest.
In Tanzania, the major types of pollution related to human activity can be classified as caused by urbanization, industrialization, mining activities, the use of chemicals and oil spills. This concept can as well refer to the contamination of air, water, or soil by substances that are harmful to living organisms. Pollution can also mean the introduction of contaminants into a natural environment that causes instability, disorder, harm or discomfort to the ecosystem i. e. hysical systems or living organisms. Pollution can take the form of chemical substances or energy, such as noise, heat or light. Pollutants, the components of pollution, can be either foreign substances/energies or naturally occurring contaminants. Pollution is often classed as point source or nonpoint source pollution. Pollution can occur naturally, for example through volcanic eruptions, or as the result of human activities, such as the spilling of oil or disposal of industrial waste.
It can also disturb natural rhythms of growth in plants and other organisms, Heat from hot water that is discharged from a factory into a river or lake, or ocean where it can kill or endanger aquatic life. 2. 7 Polluter This is a natural or legal person or organization that causes pollution of the environment. This may be done by deliberately or by mistake of facts and lack of knowledge in the means of pollution of the environment. 2. 8 Pollutants A pollutant is a waste material that pollutes air, water or soil.
Three factors determine the severity of a pollutant: its chemical nature, the concentration and the persistence. Air pollution comes from both natural and manmade sources. Though globally man made pollutants from combustion, construction, mining, agriculture and warfare are increasingly significant in the air pollution equation. Motor vehicle emissions are one of the leading causes of air pollution; China, United States, Russia, Mexico, and Japan are the world leaders in air pollution emissions.
Principal stationary pollution sources include chemical plants, coal-fired power plants, and oil refineries. Petrochemical plants, nuclear waste disposal activity, incinerators, large livestock farms (dairy cows, pigs, poultry, etc. ), PVC factories, metals production factories, plastics factories, and other heavy industry. Agricultural air pollution comes from contemporary practices which include clear felling and burning of natural vegetation as well as spraying of pesticides and herbicides. 2. 9 Population density
Population density is a measurement of population per unit area or unit volume. It is frequently applied to living organisms, and particularly to humans. It is a key geographic term. This concept is becoming relevant to this work as it has been the major cause of coastal environment deterioration by human activities taking place around or along the coast. 2. 10 Dumping of waste Before giving the meaning of the concept dumping of waste, it is paramount important to understand the primary meaning of the term Waste as such.
The meaning attached to this concept by provides that waste is any substance which constitutes a scraps material or am influent or other unwanted surplus substance arising from the application of any process, but also waste can mean substance or article which requires to be disposed of as being broken, worn out, contaminated or other wise spoiled. However waste in all cases does not includes explosives. The concept dumping of waste means any act of deliberate disposal of wastes or other matter from vessels, aircraft, platforms, or any other man made structure at a certain part of environment, being land area, sea, or outer space. . 11 Conclusion. This chapter has discussed and defined the major concept which has a close connection to the study. The concepts which are relating to this subject are many; however the researcher chosen some which have been discussed above to address this research, due to their close connection to the study. Thus it is the intention of the researcher that the meaning which has been provided under this chapter will be in close relation on the coming chapters, for a reader to grasp and benefit from this work, with the view to protect the coastal environment. CHAPTER THREE
THE LEGAL AND INSTITUTIONAL FRAMEWORK OF COASTAL ZONE MANAGENENT IN TANZANIA 3. 1 Introduction The aim of this chapter to the research report is nothing but to explain and analyse the system of laws in the country concerning the protection of environment more specifically the protection of coastal environment. It also gives the analysis of the institutional set up dealing with the management of the coastal environment in Tanzania. 3. 2 Legal Framework This part makes an analysis of the legal framework that deals with the management of the environment in that analysis the research tries to look nto how these laws address the problem of coastal zone environmental protection. Together with national laws, also international instruments of which Tanzania is a part will be analysed to see how the same has guaranteed the protection of coastal zone environment, (The international environmental laws). It is the aim of this work to assess in detail the laws relating to environmental protection and management, and create a clear picture on how the same suffice or otherwise the protection of coastal zone environment. This assessment begins by looking into the international conventions and the national laws. . 2. 1 The coastal zone management at the international community The concern of environmental problem, has for long been reflected in general international law and the relevant legal categories including the law of the sea, State responsibility, Space law, the legal regime of Antarctica, as well as The non navigational uses of international water courses. At the same time, it is evident that the general international law does not provide the focused problem-solving which result from careful prepared standard-setting treaties linked with domestic and international support systems and funding.
Resent years have seen an appreciable growth in the level of understanding of the dangers facing coastal environmental, which is now a subject of serious international concerns. These dangers include atmospheric pollution, marine pollution, global warming, ozone depletion, the danger of nuclear, other extra-hazardous substances and threatened wildlife species. These problems have an international dimension in two obvious respects. Firstly being the pollution generated from within the particular state obvious has a serious impact upon other countries.
A prime example being acid rain, resulting from chemical emitted from factories, rise in the atmosphere and react with water and sunlight to form acids. These are carried in by wind and fall eventually to earth in the rain, often thousands of miles away from the initial polluting event. Secondly is now appellant that coastal environmental problems cannot be resolved by state acting individually, that being the case the co operation between the polluting and the polluted state is necessitated.
However a state would only be responsible in the international legal sense for damage caused where it could be clearly demonstrated that this resulted from its own unlawfully activity. This can best be proved from the decision of the Court in Trail Smelter case. where the court awarded a sum of compensation to the affected state. This proves the inadequate in the part of legal framework for dealing with environmental issues for a variety of reasons. First, ranging from difficulties of proof to liability for lawful activities, and secondly is the particular question of responsibility of non-state offenders.
This problem has been seen from the international community as has been slowly moving away from the classic state responsibility approach for damage caused towards a regime of international co-operation. There are some notable efforts made by various international participants, which are concerned with development in this field of coastal environmental management. State, of course as the dominant subjects of international legal system are deeply involved as are an increasing number of international organizations.
These include the UN General Assembly which had adopted a number of resolutions concerning environment. Another is the UN Environmental Programme (UNEP) which was established after the Stockholm conference in 1972, which has proved to be a particularly important organization in the evolution of convention and instruments in the field of environmental protection. 3. 2. 1. 1The United Nations Convention on the Law of the Sea 1982 This is among the earliest efforts to make sure the sea is regulated particularly the coast.
This Convention provides for the protection of the continental shelf, in part under Article 5, Under Part XII, the Convention provides for the protection of the marine environment as such. However this convention does not talk straight about the coastal environment and its protection or management. 3. 2. 1. 2The Convention on the Territorial Sea and the Contiguous Zone 1958 Claims about the territorial jurisdiction of a state was to be given some limits, therefore this convention was adopted.
Under Article 24 (a) of the Convention there is partly a provision giving jurisdiction to a coastal state to prevent pollution by enacting some regulations regarding sanitation. These two conventions did not touch more on the conservation of the coast until 1982 when there was a new convention in the name of the convention on the law of the sea. 3. 2. 1. 3The Convention on the Continental Shelf 1958 The United Nations Convention on the Law of the Sea (UNCLOS) is an international treaty governing the use and exploitation of the world’s oceans.
Nations around the world met 30 years ago in an intense, ten-year round of international negotiations which culminated in the 1982 Convention. On November 16, 1994, after attaining the requisite 60 signatures, the Law of the Sea Treaty entered into force and became international law. The Law of the Sea Treaty is a true constitution of the sea, establishing a coherent, uniform and global rule of law governing the use of the oceans, including the skies above and the seabed below.
Although the treaty is almost as vast as the oceans themselves, its major principles include: Marine Scientific Research, Exclusive Economic Zones. Dispute Settlement Provisions and Environmental Protection, which is the concern of this work. Under this principle (Environmental Protection) the convention contains provisions obligating states to protect the marine environment and to conserve living species. States are liable for damages if found to be in violation of these international obligations.
However this instrument has no provision on the part of coastal environment protection. Since most of the provisions under part XII of the convention which deals with environment issues has put emphasizes on the principles of marine protection than that of coastal environment protection. 3. 2. 2 The coastal environmental protection in Africa; In African continent as whole, environment has deteriorated steadily, with poverty being the main cause of that degradation, and with the poor being its direct victims.
High levels of poverty in combination with increasing instances of climate variability and natural disasters, internal institutional weaknesses in Africa, and unfair trading practices in developed countries have made Africans more vulnerable physically, psychologically and economically. The collective African capacity to cope with increasing vulnerability is generally low. Given the magnitude of these problems, it may appear as if African governments, and sub-regional and regional organizations, are doing nothing to solve them.
This is not so. They have initiated steps to halt or even reverse environmental degradation, although initiatives are now required for more effective implementation of policies and strategies that have been adopted. It is also significant that Africa has a vision for sustainable development embodied in the newly formed African Union and the New Partnership for Africa’s Development. There is great optimism that Africa can catch up with the rest of the world and even suppress it, using the Great Transitions scenario.
However, if this is to be achieved, African countries need, amongst other things: reduce poverty; improve the state of the environment; improve management systems; reduce vulnerability to adverse environmental changes; promote regional and sub-regional cooperation; mobilize additional financial resources; and create an effective institutional structure to holistically manage the environment on a regional wide basis. African governments must show greater political will and commitment to solving environmental problems, and must be prepared to devote their own financial and human resources to practical environmental action.
They must also address the issue of corruption if they are to improve efficiency in utilization of resources, and they must embrace the democratic process for better governance. African national governments, sub-regional organizations, African Ministerial Conference on Environment (AMCEN), and the international community are encouraged to contribute to implementation of the specific activities proposed in the 31 areas for action identified above.
A key responsibility lies with AMCEN, and with sub-regional groupings and national governments, to mobilize adequate technical, human and financial resources for the implementation of these activities. The international community is also urged to support the efforts of the national governments, sub-regional organizations and AMCEN, in the spirit of the New Partnership for Africa’s Development. In 1988, the Organization of African Unity, (OAU) adopted the resolution of proclaiming the dumping of nuclear and industrial waste in Africa to be a crime against Africa and its people.
In 1991, the OAU adopted the Bamako Convention on the Ban of the import into Africa and the control of Trans-boundary movement and management of Hazardous Wastes within Africa. Under which parties were to prohibit the import of all hazardous waste for any reason into Africa by non parties and to prohibit the dumping at sea of such wastes. These efforts have been made in general to protect the environment, they have not directly addressed the protection of the Coast, and however one can open the Pandora box and claim that the Coastal environment is inclusive. . 3 The legal protection of coastal zone management in Tanzania Before analysing the legal protection in Tanzania it is important that, the sources of pollution in the country being ascertained, as follows, Firstly is Industries, that the presence of industries in the coastal areas, has brought about adverse effect to environment than positive ones, this has been for so long time in various coastal cities.
Most of pipes carrying industrial waste have been directed to coastal zone or to the sea of which ocean currents carry it together with water into the coastal areas. this can be proved by the presences of heavy polluting industries namely the Fertilizer industry and, Cement Industries located at Wazo area, Urafiki Textiles industries located at Ubungo area, and Karibu Textile Millis (KTM) located at Mbagala area, Serengeti Breweries Company Ltd (SBC) located at Temeke area, and, Tanzania Breweries Ltd (TBL), Breweries located at Ilala area.
Those industries has been blamed for long time of its illegal pollution of coastal zone environment, as its waste pipes are directed into the shoe of Indian ocean, while others are exposing its waste on open ground, to the extent that it causes a bad smell and polluting of air and water which are used by ordinary people in those areas and thus endangering their safety of life. Secondary is the small industries and domestic waste, these are other sources of pollution, that most of domestic waste are not well disposed in a safe manner, as most of dumping sites are not legally allowed thus there is un even disposal of waste.
There are some areas which are legally identified for waste disposal like Tabata, Kunduchi, and Mbagalla. However there are lot of areas which are not allocated for that purpose, but still people and other institutions are disposing their domestic waste and other hazardous waste on those areas illegally. Thirdly are the waste produced from ships and other refineries industries dealing with oils transportation and purifying respectively, are other area of sources of coastal zone pollution.
There are a number of tankers which out of damage and mechanical failure do dispose oil into the sea which has adverse impacts to the coastal zone environment. This problem has been there in Dar es Salaam port and has affected the coastal zone environment due to poor control of these sources of pollutions. Tanzania as a sovereign state has a right under international law to enact and enforce laws within its territory. For this reason the country has enacted a number of laws and regulations in order to make sure the environment is protected. 3. 3. 1The Constitution of United Republic of Tanzania 1977.
Tanzania has had four constitutions since 1961, none of which originally included protection for basic human rights. However, the current constitution, adopted in 1977, was amended in 1984 to include these rights. A provision was also included that made these rights unenforceable for three years so the government could amend statutes that were inconsistent with the constitution. Starting in 1987, public interest advocates and the courts took action, striking down statutes that violated basic environmental rights. The Bill of Rights Chapter in the Constitution of the United Republic of Tanzania does not address precisely environmental matters.
The environmental rights which could be pursued by any one aggrieved has not been ascertained within the constitution, of which could prompt the development of environmental laws and other laws, which are relevant to the protection of the coastal environment. 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. In addition, Article 9 of the Constitution requires the Government to ensure that national resources are harnessed, preserved, and applied toward the common good. Although this Article is part of the non-judicial ‘fundamental objective and directive principles of the state policy’ provisions of the Constitution.
It portrays the commitment of the Government to ensure sustainable development. However the Constitution has not addressed enough the terms of environmental protection and its rights. Thus the researcher wishes to provide necessary areas to be taken into account should it be amended, in order to incorporate articles on the coastal zone management. 3. 3. 2Legislations Under the doctrine of separation of powers, the parliament is responsible for the enactment of laws. These are very important in the control and management of the coastal environment. An analysis of these laws is done hereunder. . 3. 2. 1The Local Government (Urban Authorities) Act of 1982 The presence of this Act gives considerable responsibility to urban authorities for waste collection and disposal. It requires urban authorities to, among other things, “remove refuse and filth from any public or private place. Also, urban authorities are required to provide and maintain public dustbins and other receptacles for the temporary deposit and collection of rubbish. Provides for the prevention and abatement of public nuisances which may be injurious to public health or to good order.
Urban authorities are also empowered to ensure that residents keep their premises and surroundings clean. This responsibility derives from the Township Rules, made under the Township Ordinance of 1920. These rules have been retained over time and are operative under the Local Government (Urban Authorities) Act. To meet these responsibilities, the DCC drafted a number of bylaws relating to waste management. The most important of these are the Dar es Salaam (Collection and Disposal of Refuse) Bye Laws of 1993.
Other related bylaws include the Dar es Salaam City Council (Hawking and Street Trading) Amendment Bye Laws of 1991 and the Dar es Salaam City Council (Animals, City Area) Bye Laws of 1990. The Dar es Salaam (Collection and Disposal of Refuse) Bye Laws were passed to enable the privatization of waste disposal. They require occupiers of premises to maintain receptacles to keep waste and bind the DCC to collect and dispose of waste. Among other things, these bylaws prohibit people from causing a nuisance and throwing or depositing waste on streets or in open spaces not designated as collection points.
The DCC may require an offender to remedy the situation; Most of the legislation cited above also applies to industrial waste. Although these laws may be construed to protect the city of Dar es salaam as such, but none of then neither the Act, or its Regulations provide in precise the protection of coastal environment. The Act has some good provisions concerning disposal of industrial waste. However its implementation is a biggest weakness On the other hand, it will thus be clear that there is a reasonable legislative base to deal with urban-waste management, than coastal management in general.
Nevertheless, much of this legislation goes unenforced, and some of it is completely out of date, especially in terms of sanctions provided to deal with offenders of environment. Also, implementation is adversely affected by power overlaps between one organ and the other. 3. 3. 2. 2Land Use Planning Commission Act of 1984 The National Land Use Commission was established under this act as the principal advisory organ of the Government on all matters related to land use.
Among other things, it recommends measures to ensure that the Government policies including those for development and conservation of land, take adequate account of their effects on the land use, seek the advancement of scientific knowledge of changes in land use and encourage the development of technology to prevent, or minimize adverse effects that endanger man’s health or welfare, specify standards, norms and criteria for the protection of beneficial uses and the maintenance of the quality of the land.
In accordance with the functions mentioned above, the commission can indirectly help to prevent or minimize pollution by restricting location of potential and actual pollution sources and not otherwise. The proposed project seeks to eliminate sources of pollution by safeguarding and disposing obsolete pesticides safely for protection of the environment and public health. However the specific mention of coastal environment problems has not been addressed under this piece of legislation. . 3. 2. 3 The Plant Protection Act, 1997. The Act provides for the prevention of the introduction and spread of harmful organisms, ensure sustainable and environmental protection, the control of importation and use of plant protection substances, regulate exports and imports of plants and plant products and ensure the fulfillment of international communities, entrust all plant protection regulatory functions to Government, and for matters incidental thereto or connected therewith.
The Plant Protection Act has six parts which are: preliminaries which cover the short title and commencement, together with its interpretations. Plant Protection, Plant protection substances and plant resistance Improvers. Assignment of duties and appointment of officers. Offences and penalties. Of The Plant Protection Act of 1997 and its Plant Protection Regulations of 1999 are currently undergoing review to conform to relevant international chemical conventions and codes of conduct.
However this piece of legislation has not addressed in its provisions the issues of coastal environment protection. 3. 3. 2. 4The Surface and Marine Transport Regulatory Authority Act, 2001 This Act established a regulatory authority in relation to the surface and marine transport sectors, and to provide for its operation in place of former authorities and for related matters. The Authority takes over and continues carrying out the functions formerly of the Tanzania Central Freight Bureau set out in section 4, 4A and 4B of the Tanzania Central Freight Bureau Act, 1981.
In carrying out its functions, the Authority is required by the Act to strive to enhance the welfare of Tanzania society by taking into account the need to protect and preserve the environment among other duties. However, the policy does not articulate safety measures to be taken during transportation of hazardous goods. Transportation of obsolete pesticides will abide to the provisions of this Act for protection of the public health and environment. Just like above legislations this Act also does have specific provisions on the protection of coastal environment protection, or management as such. . 3. 2. 5The Merchant Shipping Act 21 2003 This Act provides for the Registration and licensing of ships, to regulate proprietary interests in ships and terms of engagement of seafarers and matters ancillary thereto; to provide for the prevention of collisions at sea, the safety of navigation and of life at sea, the Regulations of load lines, the carriage of bulk and dangerous cargoes, unsafe ships, inland waterways, passenger ships, wreck and salvage, the liability of ship owners and others and inquiries and investigations into maritime causalities.
It also provide for pollution prevention and protection of marine environment and marine security; to consolidate the law relating to shipping and for connected matters. The Act is divided into nineteen parts as follows; the carriage of bulk cargoes and dangerous cargoes has been made part of this Act. This part gives powers to the Minister to prescribe which goods, articles or materials to be carried in a ship are dangerous goods in accordance with the Safety Convention relating to the carriage of dangerous goods, and such regulations shall incorporate by reference, the International Maritime Dangerous Goods (IMDG) Code of the IMO.
The Minister may by regulations prescribe-(a) the method of packing and stowing dangerous goods; (b) the quantity of dangerous goods which may be carried in any ship; (c) the place or places within a ship in which dangerous goods may be carried; the marking that is to be placed on any package or container in which dangerous goods may be placed for shipment; and (d) the precautions to be taken with respect to the carriage of dangerous goods and the powers of inspection to determine compliance with the provisions of the regulations.
According to the International Maritime Dangerous Goods (IMDG) Code of the IMO, pesticides fall under Class toxic substances. Therefore, should it be necessary to export by ship obsolete pesticides, which cannot be treated and safely disposed of locally, provisions of this Act shall be adhered to. However there is no specific provision to address aspects of coastal management, although the same may be construed to have been covered by the Act though avoidance of pollution or disposal of dangerous substances on local environment. 3. 3. 2. Industrial and Consumer Chemicals (Management and Control) Act, 2003. This Act provides for the management and control of the production, importation, transportation, exportation, storage, dealing, and disposal of chemicals and for matters connected therewith. The Objective of this Act is to regulate the management and control of industrial and consumer chemicals. Specifically, the Act makes provisions to how best is to deal with chemicals used in homes, institutions of learning, workplaces, (e. g. Industries and factories) and research institutes.
The Industrial and Consumer Chemicals (Management and Control) Act focuses on management and control of production, import or export, transport, distribution, sale, use, storage and disposal of such chemicals. The aim of the control and management throughout the various stages which constitute the normal ”life-cycle” of a chemical is to minimize potential risks to health and the environment. This Act shall be implemented under the Government Chemist Laboratory Agency established under the Executive Agencies Act, 1997 (No. 30 of 1997).
The Administration of this Act shall be in accordance with the Executive Agencies Act, 1997 (No. 30 of 1997). The Ministerial Advisory Board is empowered to manage and control the industrial and consumer chemicals. The Act provides for the provisions for the management of industrial and consumer chemicals, focusing on precautionary measures to minimize harm to human life and the environment. Specific provisions are made for labeling, safe handling and medical surveillance of workers, management of chemicals and chemical wastes.
Regarding disposal, the Act stipulates that no person shall dispose of any chemical, chemical wastes, chemical containers without obtaining a certificate from the Board issued after consultation with the NEMC or any other competent authority or institution as the Board may deem fit. It also specifies that the final disposal of any hazardous chemical wastes may only be executed by personnel having a certificate issued by the Board. According to the Act, disposal of chemical wastes should only be done after a person involved has applied in writing and granted a certificate by the Board.
Among other information, a person applying for a certificate for disposing chemical wastes must specify the nature and quantity of the chemical and where and in what manner the chemical wastes is to be treated and disposed of. Pertinent to prevention and management of accidents, among other things the certificate holder is required by the Act to take such steps and otherwise observe such precautions as are needed to prevent accidents and therefore harm to human health and environment and to prepare contingency plans and procedures for managing accidents which are required to be presented to the Board for approval. 3. 3. 2. The Environmental Management Act, 20 of 2004. This Act the Environmental Management Act in 2004, includes provisions for; legal and institutional framework for sustainable management of environment. An outline principle for management. Impact and risk assessments. Prevention and control of pollution. Waste management. Environmental quality standards. Public participation,compliance and enforcement. And the basis for implementation of international instruments on environment. However, the Act further repeals the National Environment Management Act, 1983 and provides for the continued existence of the National Environment Management Council.
In connection to this, the Act establishes a national Environmental Regulatory Body (ERB). This environmental regulatory body oversees Environmental Units (EUs) at district and sect oral levels. The ERB and EUs are responsible for screening projects and the review of environmental impact assessment (EIA) reports. The ERB is to be consulted during scoping, although this is the responsibility of the proponent. ERB is also responsible for approving terms of reference prepared after scoping. Under the Act, local authorities are supposed to be the principal executive agencies of environmental policies and regulations.
These local authorities are argued to work with environmental NGOs and community-based organizations (CBOs) which are coordinated by the Vice President’s Office (VPO) and the Tanzania Association of Non Governmental Organizations. Local government is however weak and coordination with central government is lacking. Local authorities and institutions dealing with environmental management have often very few resources including environmental experts and funds. Tanzania’s NEAP. The environmental impact assessment, economic instruments and public participation.
Each aspect is briefly discussed hereunder for the purpose of looking at how the same are incorporated in the Environmental Management Act, 2004. One of the policy instruments considered most effective for the achievement of sustainable development in all spheres of environment, coastal management being the key concern, is the requirement that environmental impact assessment (EIA),shall be undertaken for all proposed activities that are likely to have significant adverse impacts on the environment and which are subject to a decision of a competent national authority.
The idea to have this kind of legislation was the draft of national EIA guidelines, which envisaged the formulation of an EIA Law. It was from this draft that proposed the establishment of a national Environmental Regulatory Body (ERB), most likely the National Environment Management Council (NEMC), which was to oversee Environmental Units (EUs) at district and sect oral levels. The ERB and EUs had to be responsible for screening projects and the review of EIA reports. The Environmental Regulatory Body (ERB) was also to be consulted during scoping, although this was to be the responsibility of the proponent.
ERB were also to be responsible for approving terms of reference prepared after scoping. Reporting guidelines were to follow the standard procedures used in other countries, particularly those of the Republic of South Africa and those prepared by the Tanzanian National Parks. One of the policy instruments considered most effective for the achievement of sustainable development is the requirement that environmental impact assessment (EIA), that it shall be undertaken for all proposed activities that are likely to have significant adverse impacts on the environment and which are subject to a decision of a competent national authority.
The National Environmental Action Plan describes the objective of EIA as ‘allowing maximization of long-term benefits of development while maintaining the natural resource base. However, the objectives of EIA are broader as they seek to protect the environment in the wider sense, and not just natural resources. Thus, an activity which would raise noise levels near a hospital or school or which can affect the human-made environment such as archaeological sites, historic towns, monuments and artifacts or relics, beaches, coastal recreations sites, or industrial centre may also be subjected to environmental impact assessment. . 3. 2. 8The Water Resources Management Act, 2009. The Act repeals the Water Utilization (Control and Regulation) Act. Whereby it aimed at providing for institutional and legal framework for sustainable management and development of water resources; to outline principles for water resources management; but also to provide for the prevention and control of water pollution, to provide for participation of stakeholders and the general public in implementation of the National Water Policy. The main principles and objectives of water resources management is enshrined within this Act.
Among the objectives and principles include promotion of equitable access to water; polluter pays principle and the principle of eco-system integrity. Whereby the provision for ownership and control of water has also been guaranteed, it proposes that ownership of water resources shall be vested in the state. The Act includes provisions on the powers of the Minister, appointment of Director of Water Resources, establishment of National Water Board, Basin Water Boards and catchment and sub-catchment water committees.
Preparation of integrated water resources management plans which will include water balance for each basin of Mainland Tanzania compared with forecasted water demand with data and information regarding water availability. Protection of water resources which include water resources classification and reserve, establishment of protected zones, declaration of groundwater controlled areas and prevention of pollution. The provisions relating to water resources management works has also been guaranteed in the Act. Dam safety and flood management. Financial provisions which include water abstraction charges and use of water charges.
The Act contains provision or the management of trans-boundary waters. The offences and penalties are also covered this legislation. 3. 3. 2. 9 The Environmental Management (Soil Quality Standards) Regulations, 2007. These regulations set limits for soil contaminants in agriculture and habitat, enforce minimum soil quality standards, prescribe measures designated to maintain, restore and enhance the sustainable productivity of the soil and prescribe minimum soil quality standards for sustaining ecological integrity and productivity of the soil.
According to the regulations, among others, the National Environmental Standards Committee has the powers to set pollutant limits and specify procedures for determination of the quality of soil for protection of the soil from degradation as a result of anthropogenic activities such as agricultural and mining activities and waste disposal. Owners and operators of a main polluting activity are required to voluntarily register with NEMC and obtain a soil pollutants discharge permit. Obligations of polluters are also given. According to the regulations, the NEMC plays a crucial role in soil quality compliance and enforcement.
Recording and reporting requirements, offences and penalties for non-compliance as well as how appeals against aggrieved decisions should be handled are stipulated. Contaminant limits for selected soil pollutants mainly halogenated hydrocarbons (example, trichloethylene, dichloromethane, tetrachloroethylene, carbon tetrachloride, etc. ), fuel hydrocarbons (benzene, ethylbenzene, total xylenes, toluene, etc. ), organic and inorganic pesticides (lindane, Atrazine, DDT, sulphur, Hexachlorobenzene, Aldrin, etc. ) and their respective test methods are specified. The Regulations also cover contaminant limits for some heavy metals (e. . arsenic, cadmium, nickel, copper, zinc, etc. ) together with their test methods. Safeguarding activities shall be conducted in such a manner that contamination of soil by pesticides is minimized. Where necessary, these regulations will be used for ensuring that the ecological integrity of soil is protected. 3. 3. 2. 10 Environmental Management (Hazardous Waste Control) Regulations, 2009. These Regulations apply to all categories of hazardous waste and to the generation, storage, transportation, treatment and disposal of hazardous waste and their movement into and out of Mainland Tanzania.
The Regulations is divided into eleven (11) main parts. Part 1 covers Preliminary Provisions of the regulations. Part II gives the General Principles for guiding principles of environment and sustainable development relevant to hazardous waste management including the precautionary principle; polluter pays principle; and the producer extended responsibility. The Minister is responsible for providing policy direction and leadership in all matters pertaining to hazardous waste management under the Environmental Management
Act. But also he is responsible for the environment is mandated by the regulations to classify all waste generated, transported, stored, disposed or exported from the United Republic on the basis of the method used under the Basel Convention on the Control of Trans-boundary Movement of Hazardous Waste and Their Disposal, 1989 and the Bamako Convention on the Ban of the Import into Africa and the Control of Trans-boundary Movement and Management of Hazardous Waste Within Africa, 1991.
Provisions pertinent to transport, packaging and labeling of hazardous waste are also covered in this part. On the other hand the Regulations provide that “any person who generates health care waste is required by the regulations to segregate at the point of generation and at all stages thereafter the waste in accordance with the categories provided under the Fifth Schedule of the Regulations. Issues pertaining to securing and packaging, treatment, monitoring, storage, transportation and transfer stations of health care waste are also addressed.
The management of pesticides waste is required by the Regulations to be done in accordance with the Plant Protection Act, the Tanzania Pesticides Research Institute Act, the Veterinary Act and the Public Health Act. The Minister of responsible for the environment is required to liaise with the Minister responsible for pesticides with a view to putting in place regulatory framework that will ensure that the treatment and disposal of pesticides waste complies with the requirement of the Act in relation to management of hazardous waste.
Management of radioactive waste and industrial and consumer and chemical waste are as well covered in this part. The regulation also addresses the issue of Electrical and Electronic Waste, that Every person who posses or have control of electrical or electronic tools, accessories or equipment is generally obliged to ensure that electrical and electronic wastes are separated from other types of wastes and deposited separately into receptacles as prescribed by the Council or local government.
It the requirement of the regulations that all persons who export hazardous Wastes must possess a valid permit issued by the Minister and a valid Prior Informed Consent document issued by the designated authority of the receiving country. On the aspects of penalty for improper disposal of hazardous wastes is also specified. Compliance and Enforcement issues are also covered by the regulations. The Powers of environmental inspectors to serve prevention orders are stipulated.
According to the Regulations, Director of Environment or an Environmental Inspector or an officer of Council has reasonable grounds to believe that a person is or will be conducting an activity, or is or will be in possession or control of substances or anything that may result in violation of the provisions of these regulations, he may serve a prevention order on that person. Penalties for noncompliance are also given in this Part.
The regulations also stipulated that where any damage is caused by hazardous waste which has been deposited into the environment, a person who deposited, caused or permitted a waste to be deposited, is liable for the damage to the environment and human health. A generator of hazardous waste is liable to subscribe to an insurance policy to cover risks likely to be caused to the environment and human health. But like the above principal legislations, it does not address any matter specific to the coastal zone management; most of its provisions generalize to the entire environment, although may be construed to includes coastal environment. . 4. The institutional framework for coastal environmental protection in Tanzania. The complexity of coastal environmental problems means that many sectors of the government and society are involved in actions to address them. In Tanzania, the Office of the Vice President is responsible for the Environmental management. This office, using the division of environment, is responsible for the development of policy options, and coordination of the broad-based environmental programmes and projects. It is also responsible for facilitating meaningful involvement of civil society in environmental activities. 3. 4. Vice President Office Environment Division This office in particular, is charged with the duties and responsibilities of environmental research, environmental policy making, environmental planning, environmental monitoring, and environmental coordination of both national and international environmental issues. The strategic functions of the Office of the Vice President form the basis for the effective inter-ministerial cooperation and coordination, which, for example, has been underscored in the National Environment Policy and the National Environmental Action Plan (NEAP). 3. 4. 2 The National Environment Management Council (NEMC)