SUSTAINABLE DEVELOPMENT AND
ENVIRONMENTAL DEMOCRACY IN
TANZANIA
An Assessment of Access to Information, Participation,
and Justice in environmental decision-making
A joint Assessment between LEAT, LHRC, and
AGENDA
LEAT
LHRC
EDITORIAL BOARD
Vincent Shauri
Secelela Balisidya
Emmanuel Massawe
Grainne O’Neill
RESEARCHERS
Rahima Njaidi
Twilumba Mlelwa
Emmanuel Massawe
Clarence Kipobota
Bashiru Abdul
RESEARCH ASSISTANTS
Doris Andrew
ii
AGENDA
Armando Swenya
Rodrick Maro
COMPILED & PUBLISHED BY
Lawyers' Environmental Action Team (LEAT)TABLE OF
CONTENTS
EXECUTIVE SUMMARY ............................................................................................... V
ACKNOWLEDGEMENTS ............................................................................................. VII
RECOGNITION OF AFFILIATION WITH ACCESS INITIATIVE ............................. IX
LIST OF ABBREVIATIONS ............................................................................................ X
INTRODUCTION ............................................................................................................ XI
Purpose of the report ...................................................................................................... xi
Importance of access ...................................................................................................... xi
Overview of the report ................................................................................................. xiv
Overview of the main conclusions and findings .......................................................... xiv
Overview of the main findings ................................................................................ xiv
Overview of the main conclusions ........................................................................... xvi
CHAPTER ONE ................................................................................................................. 1
CONTEXT AND METHODOLOGY ................................................................................ 1
1.0. Introduction .............................................................................................................. 1
1.1. Discussion of Influential Political Factors ............................................................... 1
1.1.1. Endorsement of Relevant International Commitments ..................................... 1
1.1.2. Current decisions to promote or block legislation relevant to access ............... 2
1.1.3. Levels of corruption .......................................................................................... 4
1.1.4. Special interest groups that influence decisions ............................................... 4
1.2. Social Factors ........................................................................................................... 4
1.3. Political and social influences over access to information ...................................... 5
1.4. Description of the methodology used for the assessment ........................................ 6
1.4.1. Modifications to the methodology .................................................................... 8
CHAPTER TWO ................................................................................................................ 8
ACCESS TO INFORMATION .......................................................................................... 8
2.0. Introduction .............................................................................................................. 9
2.1. Assessment of Laws regarding access to information ........................................... 10
2.2. Assessment of Practice .......................................................................................... 11
2.2.1. Basic Information............................................................................................ 11
2.2.2. Case studies description .................................................................................. 11
iii
2.2.3. Analysis of the findings ...................................................................................... 12
2.3. Comparison of Case Law for different types of information ................................. 13
CHAPTER THREE .......................................................................................................... 15
PARTICIPATION ............................................................................................................ 15
3.0. Introduction ............................................................................................................ 15
3.1. Laws Supporting Participation ............................................................................... 16
3.2. Findings.................................................................................................................. 17
3.3. Tanzanian Priorities for Developing a Legal Framework for Participation ...... 21
3.4. Public Participation in Practice .............................................................................. 21
3.5. Case Study Details ................................................................................................. 21
3.5.1. Forestry ........................................................................................................... 21
3.5.3. General Management Plans – Mafia Island Marine Parks.............................. 24
3.5.4. National Forest Programme ............................................................................ 25
3.5.5. The Forest Act - Legislation ........................................................................... 27
3.5.6. Lake Victoria Environmental Management Project (LVEMP) ...................... 28
3.5.7. The Lower Kihansi Environmental Management Project (LKEMP) ............. 29
3.6. Comparison of findings for different types of decisions ................................... 31
CHAPTER FOUR ............................................................................................................. 32
CAPACITY BUILDING .................................................................................................. 32
4.0. Introduction ............................................................................................................ 32
4.1. Description of the Methodologies and Case Studies Involved .............................. 33
4.2. Assessment of the law ............................................................................................ 34
4.2.1. Description of Legislation............................................................................... 34
4.2.1.1. The Constitution of the United Republic of Tanzania, 1977 ....................... 35
4.2.1.2. The Income Tax Act, 1973 .......................................................................... 35
4.2.1.3. The National Environmental Management Act, 1983 ................................. 36
4.2.1.4. The Environment Management Act, No. 20 of 2004................................... 36
4.3. Summary of the Laws ........................................................................................ 36
4.4. The Case Law ........................................................................................................ 37
4.5. In Practice: Case Studies ........................................................................................ 37
4.5.1. Government - Wildlife Division ..................................................................... 37
Table 3: Chart showing questions asked and their responses ................................... 38
4.5.2. Government Agency- National Environmental Management Council (NEMC)
................................................................................................................................... 39
4.5.3. Government Agency: Department of Environment - Vice President’s Office 40
4.5.4. Government Agency: Department of NGOs – Vice President’s Office ......... 40
4.5.5. Government Agency: The Tanzania Revenue Authority (TRA) .................... 40
4.5.6. Government Agency: High Court Registry of Tanzania ................................ 41
4.6. Summary of Results ............................................................................................... 41
4.6.1. Overall Strengths ............................................................................................ 41
4.6.2. Overall Weaknesses ........................................................................................ 41
CHAPTER FIVE .............................................................................................................. 42
CONCLUSIONS AND RECOMMENDATIONS ........................................................... 42
5.0. Conclusions ............................................................................................................ 42
5.1. Recommendations .................................................................................................. 44
iv
5.1.1. Legislation on information .............................................................................. 44
5.1.2. Public Participation ......................................................................................... 45
5.1.3. Government capacity ...................................................................................... 47
APPENDICES .................................................................................................................. 48
Appendix 1: Access to Information ............................................................................. 48
Form IA: Information about Environmental Emergencies ....................................... 48
Form IB – State of the Environment Reports ........................................................... 49
Appendix 2: Participation ............................................................................................. 50
Form IIA: Participation in Decisions on National or Sub-national Policies,
Strategies, Plans, Programs and Legislation ............................................................. 50
Form IIB. Participation in Decisions on National or Sub-national Policies,
Strategies, Plans, Programs or Legislation ............................................................... 51
Annexture IIA: Summary of Communication and Awareness Creation Activities for
the forest Sector. ....................................................................................................... 52
Annexture IIB: Participatory Process for the Preparation of the Agricultural Sector
Development Strategy............................................................................................... 55
CHAPTER 1:
The Preparatory Phase ................................................................. 55
CHAPTER 2:
Stakeholders’ Workshops............................................................ 55
Annexture IIC: Kihansi villagers complain of being sidelined in a project ............. 56
Appendix 3: Capacity Building .................................................................................... 58
Annexture IIIA: Capacity (Building) Summary Chart for NEMC ........................... 58
Annexture IIIB: Capacity Building – Wildlife (Environment) Division .................. 59
BIBLIOGRAPHY ............................................................................................................. 60
BOOKS ......................................................................................................................... 60
UNPUBLISHED MATERIAL ..................................................................................... 61
STATUTES................................................................................................................... 62
CASES .......................................................................................................................... 63
OTHER SOURCES OF INFORMATION ................................................................... 63
EXECUTIVE SUMMARY
This assessment report gives a synthesis of the progress made by Tanzania in access to
information, participation, capacity building and justice in environmental decisionmaking, maps out implementation gaps and identifies opportunities for further
improvement. The assessment of the status of implementation of access to information,
participation, capacity building and justice in Tanzania was undertaken as part and parcel
of a global initiative to asses the progress made by States in implementing Principle 10 of
Agenda 21 of the Rio Declaration on Environment and Development.
The Access Initiative developed the methodology that was used during the assessment.
This is a set of instructions and questions, which allowed the assessment team to
v
determine the government’s public participation system. These research questions
generated over 100 indicators of Tanzania’s performance in providing access to
information, participation, capacity building and justice in law and in practice. The law
indicators were used to evaluate the general framework for guaranteeing access while
practice indicators were applied to selected case studies to assess the performance on the
ground.
The findings show significant progress in a number of areas especially in developing
relevant pieces of legislation and the emerging high level political will to support a
number of unfolding information access initiatives for example allowing media in
different government working fora. The assessment also found that, in practice, the right
to participate in decision-making is better implemented than the capacity building for
environmental management, which is better implemented than the right of access to
information.
Access to information is mainly through general public or selected audience forum
through meetings, conferences, seminars and workshops rather than through routine
decisions made through correspondences, legal proceedings and so on. The level of
participation for different actors in policy, strategy planning, and drafting legislation is
vastly uneven. Some actors have disproportionate amounts of influence in certain policy–
making processes. Other groups, especially those located in remote regions and districts
in rural areas have little or no input into national laws and policies that may greatly affect
them. From the findings obtained for the access to information aspect, it was noted that
the laws in Tanzania guarantee the right to access environmental information. However,
the right is not absolute as there are various claw back and derogation clauses, which
prevent the right from being fully realized. Much information is also withheld because of
the state or public interests.
It is recommended that there should be a clear and strategic policy for capacity building
on environmental issues to support the laws that are passed. The strategy that will
vi
indicate how information and data on environment would reach people at different levels
so that they can take measures on their own. Further, participation should mean more
than simply obtaining input from participants. The degree of participation should be
increased in all policy, strategy, programmes, and projects processes. Participation of the
most excluded groups in society, such as women, indigenous groups, or disabled people,
sheds light on the quality of participatory process. Ideally, this means putting the
beneficiaries at the centre of a process that they will drive and continuously adjust,
according to their own learning processes and needs.
It is recommended further that in enacting laws, the government should keep the people's
needs in mind. However, this can only be achieved through a consultative process prior to
the enactment of the laws. This consultative process involves the collection of opinions
from the people and considering the obtained opinions during drafting the pieces of
legislation. In addition, the government should have a full and effective information
management system.
ACKNOWLEDGEMENTS
We would like to point out here that many people and organizations have played a central
role in conducting the assessment and in contributing to the finalization of this work. We
would like to extend our sincere thanks to several organizations whose immeasurable
cooperation has made the assessment successful. We are very grateful to AGENDA for
Environment and Responsible Development and Legal and Human Rights Centre
(LHRC) for their devoted work in successfully accomplishing two parts of the overall
assessment.
We would also like to acknowledge the invaluable cooperation and assistance of the Lake
Victoria Environment Management Programme (LVEMP), Lake Nyanza Environmental
Sanitation Organisation (LANESO), Tanzania Fisheries Research Institute (TAFIRI),
vii
Lower
Kihansi
Environmental
Management
Project
(LKEMP),
the
National
Environmental Management Council (NEMC) and in particular that of its dedicated and
indefatigable Director of Information, Communication and Outreach (DEICO), Mrs. A.
Maembe for her invaluable support in terms of ideas and materials for this assessment.
Further we acknowledge the invaluable assistance of Mwanza Water and Sanitation
Authority (MWAWASA), Forestry and Beekeeping Division of the Ministry of Natural
Resource and Tourism, Wildlife Conservation Society of Tanzania (WCST), Tanzania
Forest Conservation Group (TFCG), Division of Environment (Policy & Planning),
Ministry of Agriculture and Food Security (Policy and Planning Department), Marine
Parks and Reserve Unit, as well as Water Quality Laboratory located in Mwanza.
We are primarily indebted to Ms. Secelela Balisidya, Ms. Rahima Njaidi, Ms. Twilumba
Mlelwa, Mr. Emmanuel Massawe, Miss Doris Andrew, Mr. Bashiru Abdul, Mr. Clarence
Kipobota, Mr. Rodrick Maro and Mr. Armando Swenya who were members of research
teams in their respective organisations and whose industrious work led to the successful
finalization of this report. We also feel indebted to the State Attorneys of Ministry of
Justice and Constitutional Affairs, the Director of Wildlife under the Ministry of Natural
Resources and Tourism, Mr. J. Kayera and the Executive Director of Education
Programmes’ Department under the Ministry of Education and Culture for their support
on all what was enquired in relation to the assessment. Additionally, to Ms. Vicky
Mayao, who is the lawyer of Vice President’s Office, Department of Non-Government
Organizations for her timely and prompt reply to questionnaires.
Finally, we would like to value the financial and logistical support from the World Bank
which was provided to LEAT through Advocates Coalition for Development and
Environment (ACODE), Uganda. The financial support was critical for the general
implementation of The Access Initiative project in Tanzania.
viii
RECOGNITION OF AFFILIATION WITH ACCESS INITIATIVE
This publication was produced by Lawyers’ Environmental Action Team (LEAT),
AGENDA for Environment and Responsible Development, and Legal and Human Rights
Centre (LHRC) and is based on research and methodology developed by The Access
Initiative (TAI). Unless otherwise noted, views, interpretations, and findings herein are
those of LEAT, AGENDA for Environment and Responsible Development, and LHRC,
and do not represent The Access Initiative. The Access Initiative is a global coalition of
public interest groups collaborating to promote national-level implementation of
commitments to access information, participation, and justice in environmental decisionmaking.
The Access Initiative is led by a core team composed of the World Resource Institute
(Washington D.C., USA), the Environmental Management and Law Association
(Budapest, Hungary), Corporacion Participa (Santiago, Chile), Advocates Coalition for
Development and Environment (Uganda), and the Thailand Environment Institute
(Bangkok, Thailand). The core team relies on input and support from broad constituency
of NGOs, governments, and regional and global inter-governmental organizations.
ix
LIST OF ABBREVIATIONS
ACODE
AIDS
AMGM
ASBESCO
ASDS
CBFM
CFR
DED
DFO
DNRO
EIA
FAO
FBD
GMP
G.N.
GOT
HIV
Ibid
ICCMCA
IREMP
IUCN
ICT
JFM
JFMA
MNRT
LANESO
LEAT
LHRC
LKEMP
LVEMP
MWAWASA
NCSSD
NEP
NEAP
NEMC
NGOs
OAU
PF
PRTR
SOE
Advocates Coalition for Development and Environment
Acquired Immuno Deficiency Syndrome
Afrika Mashariki Gold Mining Limited
Asbestos Company
Agricultural Sector Development Strategy
Community Based Forest Management
Community Forest Reserves
District Executive Director
District Forestry Offices
District Natural Resource Offices
Environmental Impact Assessment
Food and Agriculture Organisation
Forestry and Beekeeping Division
General Management Plan
Government Notice
Government of Tanzania
Human Immunodeficiency Virus
Ibidem (in the work(s) immediately cited)
The Industrial and Consumer of Chemicals (Management and
Control) Act
Immediate Rescue and Emergency Measures Project
The World Conservation Union
Information and Communication Technology
Joint Forest Management
Joint Forest Management Agreements
Ministry of Natural Resources and Tourism
Lake Nyanza Environmental Sanitation Organisation
Lawyers’ Environmental Action Team
Legal and Human Rights Centre
Lower Kihansi Environmental Management Project
Lake Victoria Environment Management Programme
Mwanza Water and Sanitation Authority
National Conservation Strategy for Sustainable Development
National Environmental Policy
National Environmental Action Plan
National Environment Management Council
Non-Governmental Organisations
Organisation of African Unity
Private Forests
Pollutant Release and Transfer Register
State of the Environment Report
x
TAI
TAFIRI
TANESCO
TFAP
TFCG
UN
UNCED
VA
VG
VLFR
VPO
WCST
WDC
WSSD
The Access Initiative
Tanzania Fisheries Research Institute
Tanzania Electricity Supply Company
Tanzania Forestry Action Plan
Tanzania Forest Conservation Group
United Nations
United Nations Conference on Environment and Development
Village Assembly
Village government
Village Land Forest Reserves
Vice President’s Office
Wildlife Conservation Society of Tanzania
Ward Development Committee
World Summit on Sustainable Development
WWF
World Wildlife Fund for
NatureINTRODUCTION
PURPOSE OF THE REPORT
The aim of the report is to assess the progress made by Tanzania in access to information,
participation, and justice in environmental decision-making, to map out implementation
gaps and to identify opportunities for further improvement. Assessing the status of
implementation of access to information, participation, and justice in Tanzania was
undertaken as part and parcel of a global initiative to asses the progress made by States in
implementing Principle 10 of Agenda 21 of the Rio Declaration on Environment and
Development.
IMPORTANCE OF ACCESS
In 1992, leaders from 178 World Nations met in Rio de Janeiro, Brazil to set out an
agenda that addresses sustainable development in environmental, economic and
social challenges facing the world. The United Nations Conference on Environment
and Development (UNCED) produced a series of key instruments that have
provided the basic framework for environmental governance in the post—Rio
sustainable development agenda. The Conference adopted a comprehensive
programme of action, Agenda 21, that details the various actions and the amount of
resources required to achieve sustainable development. The political statement of
xi
the Conference popularly cited as the Rio Declaration, was one of the most
important outcomes of the UNCED. In Principle 10 of the Rio Declaration, the
Heads of States and Government declared that:
Environmental issues are best handled with the participation of all
concerned citizens; at the relevant level... each individual shall have
appropriate access to information concerning the environment... and
the opportunity to participate in decision-making processes. States shall
facilitate and encourage public awareness and participation by making
information widely
available.
Effective
access to judicial
and
administrative proceedings, including redress and remedy, shall be
provided. (Emphasis ours)
It goes without saying that, Principle 10 represents social, legal and political
consensus on three key governance issues that are very important if citizens are to
effectively contribute to sustainable development. These are the three pillars,
namely, access to information, access to public participation and access to justice
which form the basis of “The Access Initiative (TAI)”. Access to information,
participation, and justice is an effort envisaged by the Rio Declaration towards
ensuring that people are well informed about decisions affecting the environment in
which they live, that they have a say in those decisions, and that they are able to
pursue redress if their rights to participate in decision-making is infringed.
Access is crucial and of paramount importance because it gives all participants the
opportunity to participate in a dialogue and reach consensus about the resolution of
various issues. It improves the quality of decisions and solutions because it increases the
quality and quantity of information that goes to the public. Additionally, the parties
become more committed to the solutions since they play a significant role in crafting
them. Access supports meaningful personal and organizational choices and decisions,
and helps to protect human lives, biodiversity and the environment. It also facilitates
xii
change of attitude and helps to shape daily decisions for instance whether to drink water
from local wells, or to go for a walk on a day with high levels of air pollution, or whether
to buy a certain product; this knowledge has long term impacts and will change policies
on facility reporting requirements and increase general awareness of environmental
issues.
The present plan of implementation of the World Summit on Sustainable
Development (WSSD) is geared towards building on the achievements made since
UNCED and expedites the realization of the remaining goals. There is commitment
worldwide to undertake concrete actions and measures at all levels and to enhance
international cooperation, taking into account the Rio Principles, including, inter
alia, the principle of common but differentiated responsibilities as set out in principle
7 of the Rio Declaration on Environment and Development. These efforts are
expected to promote the integration of the three components of sustainable
development — economic development, social development and environmental
protection — as interdependent and mutually reinforcing pillars 1.
The above commitments are relevant to Tanzania but the environment is not fully
conducive for their fulfillment, because sustainable development has remained elusive for
many African countries. Poverty remains a major challenge and most countries on the
continent have not benefited from globalization, further marginalizing the continent.
Africa’s efforts to achieve sustainable development have been hindered by conflicts,
insufficient investment, limited market access opportunities and supply side constraints,
unsustainable debt burdens, and the impact of HIV/AIDS and in some cases limited
access to information and statistics to facilitate informed decision making. The World
Summit on Sustainable Development should reinvigorate the international community's
commitment to addressing these special challenges and should give effect to a new vision
1
Plan of Implementation of the World Summit on Sustainable Development,
http://www.un.org/esa/sustdev/documents/WSSD_POI_PD/English/WSSD_PlanImpl.pdf
xiii
based on concrete actions for the implementation of Agenda 21 in Africa.2
OVERVIEW OF THE REPORT
Chapter one provides the background and the context for access to information,
participation, and justice. It also briefly discusses the methodology used for the
assessment. Chapter two presents the results of the assessment and analyzes access to
four different types of information, namely, information-emergencies, informationmonitoring, information-state of environment and information-facility. Chapter three
illustrates the findings and analysis of access to participation in environmental matters in
general. Chapter four elucidates and underscores measures which are to be implemented
for the purpose of building capacity in access to information, participation, and justice in
particular and environmental democracy in general, in Tanzania. Finally, chapter five
stipulates the conclusions and recommendations advanced by the assessment teams.
OVERVIEW OF THE MAIN CONCLUSIONS AND FINDINGS
Overview of the main findings
Generally, the findings show significant progress in a number of areas especially in
developing relevant pieces of legislation and the emerging high level political will to
support a number of unfolding information access initiatives for example allowing media
in different government working fora. The assessment also found that, in practice, the
right to participate in decision making is better implemented than the capacity-building
for environmental management, which in turn is better implemented than the right of
access to information.
Access to information is mainly through general public or selected audience forum
through meetings, conferences, seminars and workshops rather than through routine
decisions made through correspondences, legal proceedings and so on. In terms of
environmental decision making, the emerging Environmental Impact Assessment field
2
Ibid
xiv
has enshrined in the Environmental Management Act, (Act No. 20 of 2004) public
hearing, which is a form of participation which is well utilized and increases access to
information and decision making in environmental governance.
Box 1: Summary of Progress Achieved in Implementing Principle 10
Access Rights
Access to Information
 The legal position makes
the right to information a
Constitutional right, and
requires
that
the
government furnish a
written reason for refusal
when
information
is
denied.
 Access to information
provisions are incorporated
in the EMA (2004).
 The
law
does
not
guarantee the right to
information
absolutely.
The right is subject to
certain limitations.
 There is a clear mandate
including periodicity and
means of dissemination
that facilitates compliance
reports
and
general
information
to
be
accessible to the public.
 There are no explicit rules
that exist on the grounds of
confidentiality of PRTRs.
 Community Access to
information during project
and investments made in a
locality
 ICCMCA
guarantees
provision of and access to
information in respect to
chemicals,
health
or
environmental protection.
Access to Public Participation Capacity Building
 The right to public participation is
well articulated in policy and legal
documents
including
the
Constitution, EMA (2004), NEP
(1997) and NEAP (1994).
 The Constitution of Tanzania has a
clause, which requires all people to
safeguard and protect the natural
resources of the country. This
provision is interpreted to include
guarantees for direct participation
in natural resource management
and decision-making on the
environment.
 The
NEAP
requires
that
environmental analysis include the
opinions of local people and
site-specific knowledge from local
groups,
NGOs,
and
other
institutions
that
conduct
development projects in the
particular area.
 The
promulgation
of
EIA
Regulations has strengthened the
legal requirements for public
participation in project designing,
planning and decision making.
 EMA 2004 statutorily calls for
community to be informed and
consulted. It calls for any person
aggrieved to sue.
 ICCMCA calls the public to
participate fully in safe and proper
handling of chemicals, proper
disposal and in informing the body
responsible
about
chemical
xv
 Capacity building does not
feature directly in Tanzanian
laws. However, the EMA,
has assigned NEMC new
responsibilities that address
capacity building which will
be implemented when the
Act comes into operation.
 The Wildlife Conservation
Act, 1974 is proposed to be
repealed and replaced by the
Wildlife [Bill] Act, 2004.
The proposed draft law has
included provisions relating
the need to educate people on
wildlife management. The
wildlife division has the
administrative authority to
build the capacity of its staff
and other stakeholders.
 Capacity building through
courts and case law is
extremely low in Tanzania.
The High Court’s registry
does not have any particular
statistics in relation to
environment cases.
 Capacity building for
facilitating EIA and public
hearing at local levels is
underway in several areas
spillage.
Overview of the main conclusions
The assessment done by this study suggests that public participation rights are guaranteed
in the Tanzanian legal framework. The new laws that have been enacted, and the older
sectoral laws reviewed include provisions for public participation, however, in some
cases this is limited to consultation. Though there were some differences in scoring, their
general performance was good.
The variability in quality might be attributed to
commitment, resources and time invested by the Forestry and Beekeeping Division.
In most cases that we examined, documents were available to the public through
government offices and small departmental specialized libraries. However, the
availability of the documents at the government offices did not guarantee that they would
be readily accessible to the public. In the decision-making cases participation was
weak/intermediate in both defining the project and in drafting the pertinent documents.
Participation was much higher in the middle stages of decision-making, after the
parameters of the problem or solutions were defined and before they were actually
implemented or adopted.
Additionally, the level of participation for different actors in policy, strategy, planning,
and drafting legislation is vastly uneven. Some actors have disproportionate amounts of
influence in certain policy–making processes. Other groups, especially those located in
remote regions and districts in rural areas have little or no input into national laws and
policies that may greatly affect them. From the findings obtained for the access to
information aspect, it was noted that the laws in Tanzania guarantee the right to access
environmental information. However, the right is not absolute as there are various claw
back and derogation clauses which prevent the right from being fully realized. Much
information is also withheld because of the state or public interests.
While in Tanzania the law requires periodicity and dissemination of information, the
xvi
framework which exists is insufficient to enforce compliance. Some industrial facilities
are required to report information on compliance with limits on air emissions and
discharges to water in addition to producing PRTR or equivalent reports. It was observed
that information on compliance from big producing industrial facilities was not submitted
to NEMC.
This has been addressed by EMA 2004 by making statutory that self
monitoring and audit reports must be submitted to NEMC, failure of which legal action to
be instituted. Whenever compliance reports were produced they were not sufficiently
available. The Division of Environment, which is legally responsible does not prepare
and/or publish reports concerning the state of the environment in Tanzania. The National
Communication contains information of state of environment.
xvii
CHAPTER ONE
CONTEXT AND METHODOLOGY
1.0. INTRODUCTION
This chapter outlines the social and political context in Tanzania that affects access to
information, participation, and justice, but has not been reflected or featured specifically
in the indicators.
1.1. DISCUSSION OF INFLUENTIAL POLITICAL FACTORS
In Tanzania there is general political will and infrastructure on the ground to improve
access to information, participation, and justice. This is verified by the following factors:
1.1.1. Endorsement of Relevant International Commitments
The international community has strongly affirmed the right to receive and give
information, including environmental information. The Tanzanian government has
endorsed the WSSD Plan of Implementation, which was entrenched in the National
Environmental Action Plan (NEAP, 1994) and the National Conservation Strategy for
Sustainable Development (NCSSD, 1995). In laying the foundation for the WSSD Plan
of Implementation, the government established fully fledged ministries of the
environment and environmental protection authorities or agencies in addition to
improving its sub-regional and regional coordination of environmental management.
Tanzania is a party to and signatory to the East African Community’s initiatives on
access and the Statement on the implementation of WSSD. Moreover, it is a party to and
signatory to Aarhus Conventions.
To substantiate Tanzania’s endorsement of international commitments, its constitutional
provisions conform to a number of international instruments that the government has
signed and ratified, including the Universal Declaration of Human Rights, the
International Covenant on Civil and Political Rights, and the African Charter on Human
1
and Peoples' Rights3. Article 19 of the Universal Declaration of Human Rights provides
that "(e)veryone has a right to freedom of opinion and expression, this right includes
freedom to hold opinion without interference and to seek, receive and impart information
and ideas through any media and regardless of frontiers" (UN, 1948).
Article 19(2) of the International Covenant on Civil and Political Rights provides that
"(e)veryone shall have the right to freedom of expression; this right shall include freedom
to seek, receive and impart information4 and ideas of all kinds, regardless of frontiers,
either orally, in writing or in print, in the form of art, or through any other media of
choice" (UN, 1966). Article 9(1) of African Charter on Human and People's Rights states
that "(e)very individual shall have the right to receive information;" Article 9(2) provides
that "(e)very individual shall have the right to express and disseminate his opinions
within the law" (OAU, 1981).
Principle 10 of the Rio Declaration on Environment and Development upholds the
freedom of access to information and declares that "states shall facilitate and encourage
public awareness and participation by making information widely available" (UN,
1992a). By signing and ratifying these conventions and by partnering with the United
Nations, European Community and other international bodies, the government of
Tanzania has committed itself to ensuring citizen access to environmental information
and to encouraging all holders of critical information to share it with citizens and society
at large5.
1.1.2. Current decisions to promote or block legislation relevant to access
In practice, much of the information that is requested by citizens is denied based on the
pretext of guarding national security. In one case a senior government officer complained
to one author that almost every document he receives is classified. Classified information
3
Ringia, D. W. and Porter, S. J., Access to Environmental Information in Tanzania, April 1999, found in
http://www.leat.or.tz/publications/access.to.information/access.to.information.pdf
4
Ibid
5
Ibid
2
often makes it difficult for environmental and natural resource departments and
government officials to meet their responsibilities. If an unauthorized officer needs to
review a classified document to complete his work, he must either become authorized or
have the document declassified, and both are long and complicated processes.6
A 1997 decision by the Tanzanian High Court in the case of Adam Mwaibabile v.
Republic7, reinforced the notion that the government should not be permitted to classify
documents to deny citizens access to information. In lower court, Mwaibabile, a
journalist, was alleged to have violated the National Security Act (1970) by possessing a
classified government document -- a directive from a regional commissioner to the
Regional Trade Officer to deny the renewal of Mwaibabile's journalist's license. The
High Court held that the directive was not a government document as defined in the Act
because refusing to grant business licenses to citizens is not a government duty.8
The Tanzanian Newspapers Act (GOT, 1976) also hinders public access to information.
The Act defines sedition as action taken with the intent to cause hatred or contempt of the
government, or to excite disaffection against the lawful authority of the country or
government. Thus, publishing a document that portrays the government negatively can be
declared seditious even if the contents of that document are correct. According to the
Newspapers Act (GOT, 1976), a publication is seditious if it intends to show that the
government has been mislead or mistaken in any of its measures, points out errors or
defects in the government, constitution, or any other law, or attempts to persuade
inhabitants to procure by any lawful means the alteration of any matter in Tanzania.9
Although some court decisions have ignored constitutional claw back clauses such as
those in the National Security Act and the Tanzanian Newspapers Act, others have not. In
6
See note 3
High Court of Tanzania at Songea, Criminal Appeal No. 13, 1997 (Unreported)
8
Ibid
9
See note 3
7
3
the case of Rev. Christopher Mtikila v. Attorney General10, the High Court declared the
Police Force Ordinance unconstitutional for, among other reasons, violating the
constitutional right of freedom of peaceful assembly and public expression. The judge
ruled that "fundamental rights are not gifts from the state11.”
1.1.3. Levels of corruption
According to Transparency International the level of corruption in Tanzania has declined
both in absolute terms (as measured by the index) and in relative terms (ranking in
relation to other countries) over the period of 1998 – 2002. Tanzania’s score over the five
year period shows a clear trend, with the score improving from 1.9 in 1998 and 1999, to
2.7 in 2002.12 The institution responsible for curbing corruption and promoting
accountability in Tanzania is the Prevention of Corruption Bureau (PCB).
1.1.4. Special interest groups that influence decisions
Special interest groups that influence decisions range from Opposition Political Parties,
Non-Governmental Organisations, and Higher Learning Institutions to individual groups
of intellectuals. These groups influence decisions by airing their views through publictalk-gatherings, demonstrations, advising and strikes where the need arise. Typical
example is a strike of Muhimbili University College interns (in 2005) who wanted an
increment in their monthly allowance and improvement of working conditions. As a
result the government granted their requests.
1.2. SOCIAL FACTORS
According to year 2002 Population and Housing Census, Tanzania has a total population
of 34,443,603 people13. The level of illiteracy in Tanzania is currently rapidly declining.
10
High Court of Tanzania at Dodoma, Civil Case No. 5, of 1995 (Unreported)
Ibid
12
The State of Corruption in Tanzania, Annual Report 2002, Economic and Social Research Foundation &
Front Against Corrupt Elements in Tanzania, October 2002, p. 18
13
Tanzania Population and Housing Census of 2002, http://www.tanzania.go.tz/census.
11
4
Statistics show that the total population literacy level is currently 78.2%14. With regard
to internet access, internet cafés play an ever more significant role in facilitating access to
information to the general public. Technologically, Tanzania is not well developed
compared to First and Second World Countries. Our Information and Communication
Technology (ICT), though advanced, is not widespread and only a few citizens who are
educated, have good income and who live in urban centres can access internet services.
Although 65% of Tanzanians live in rural areas, most internet cafés are found in the
capital Dar es Salaam and other urban areas, as well as tourist destinations such as
Zanzibar and Manyara. Most of the customers are students, employees and
businessmen.15 In Tanzania, one of the enabling factors for accessing information is the
use of Swahili as an official language. In some countries, access to information is barred
by the lack of one common official language. For example in Uganda there are over 50
languages.
1.3. POLITICAL AND SOCIAL INFLUENCES OVER ACCESS TO
INFORMATION
In addition to those imposed by law, political and social factors also prevent the general
public from having full access to information. Of course the right to information is not
absolute; it is subject to certain limitations, which include state interest, public interest
and/or national security. However, by law, the government body that classifies a
document is the same body to whom the information is requested. This leads to an
increase in the number of documents which are classified as confidential, and further
limits access to information.
Because internet use is not widespread, the internet is not a reliable source of
information. This is because most organisations, government ministries, and intellectuals
14
UNESCO; United Nations http://esa.un.org/unsd/pubs/gesgrid.asp?mysearch=pocketbook and
http://esa.un.org/unsd/pubs/gesgrid.asp?comp=compend; World Bank; CIA World Factbook, March
2005; Household survey data, net enrolment data from UNESCO, and data from UNICEF country offices;
UNESCO Institute for Statistics.
15
Percentage of people living in rural areas (2003), http://www.nationmaster.com/country/tz.
5
do not create databases or put information on the internet. The most reliable channel of
communicating information in Tanzania, particularly environmental information is the
media. If other channels are used to communicate information there is a likelihood that a
great number of people will not get the information communicated.
1.4. DESCRIPTION OF THE METHODOLOGY USED FOR THE ASSESSMENT
The methodology developed by the Access Initiative is a set of instructions and questions
which allowed the assessment team to determine the government’s public participation
system. These research questions generated over 100 indicators of Tanzania’s
performance in providing access to information, participation, and justice in law and in
practice. The law indicators were used to evaluate the general framework for
guaranteeing access while practice indicators were applied to selected case studies to
assess the performance on the ground.
These indicators have been divided into four
categories:




Category I: Access to Information
Category II: Participation
Category III: Access to Justice
Category IV: Capacity Building
The Access Initiative guided the choice of sectors, case studies and areas of focus.
The study used the following approaches to collect data:

Documentary review.

Reviews of websites.

Development of research tools: one set of questionnaire was developed for
ministries, departments, and other government agencies

The questionnaire was discussed and agreed upon by the Tanzania Coalition
before the final set was adopted.

Interviews conducted with government officials and potential participants, and
in some cases we requested information electronically.

Field work.
6
The Research Team reviewed documentation in English and Kiswahili. It conducted
interviews with government/non government officials and potential participants, and
requested information if an interview was not possible.
The Research Team has
endeavoured to make this assessment as comprehensive as possible, however, the Team
was not able to visit all projects, programmes and activities in the field.
In conducting this assessment both primary and secondary methodologies were
employed. The primary (field survey) involved interviews with several private and
government departments and institutions/organisations. The interviews were guided by
the priority indicators and other checklists created out of the TAI database out of which
questionnaires were designated. Primary methodology was done by assessing capacity
building in five chosen case studies and three Non-Governmental Organisations.
Secondary methodology was accomplished through library search of laws, policies, rules,
guidance, policies, regulations, websites (internet) and other literature. The following
laws were reviewed:

The Constitution of the United Republic of Tanzania of 1977 (as amended time to
time),

Interpretation of Laws and General Clauses Act, 1972/1996,

The Income Tax Act, 1973 (together with other tax codes),

The Non-Governmental Organisations Act, 2002,

Societies Incorporation Ordinance, Cap. 18,

The National Environmental Management Act, 1983,

The Finance Act(s), and

The National Environmental Management Act, 2004. Additionally, case law was
reviewed.
Some of the government strategies, policies and statements that were reviewed are: the
National Environment Management Policy of 1997, the National Wildlife Policy of 1998,
7
the Public Expenditure Review of Environment, Financial Year 2004, and national
(Tanzanian) websites such as www.tanzania.go/government/vpoffice.htm,
www.Tanzania.go.tz/environment.htm, etc.
Although the Research Team attempted to comprehensively analyze access to
information in Tanzania, the Team encountered considerable hardship in making
appointments with many officials, especially with regard to air and water regulations.
1.4.1. Modifications to the methodology
Although the assessment team adapted the methodology
developed by the Access Initiative Guide it did make
minor modifications in order to facilitate data
collection. The Team developed questionnaires which
were submitted to the respondents in order to get first
hand data. Additionally, The Team could not respond
to all of the indicators that were stipulated by the
Access Initiative, due to time limitation. Instead, The
Team chose to focus on a core set of priority
indicators.CHAPTER TWO
ACCESS TO INFORMATION
In sustainable development, everyone is a user and provider of information
considered in the broad sense. That includes data, information, appropriately
packaged experience and knowledge. The need for information arises at all
levels, from that of senior decision makers at the national and international
levels to the grassroots and individual levels. (Agenda 21, Chapter 40)
8
2.0. INTRODUCTION
Information is the cornerstone of decision-making; it provides knowledge and evidence
that enables good decision-making and close monitoring of the environment. Access to
environmental information is integral to meaningful personal and organizational choices
and decisions. Environmental information can be of great urgency and importance or can
be important to long-term planning and policies. Environmental information can be used
to:

Protect human lives, biodiversity and the environment in urgent situations such as
chemical accidents.

Shape daily decisions: for instance, whether to drink water from local well,
whether to go for a walk on a day with high level of air pollution, or whether to
buy a certain product.

Support decision-making that has long-term impacts, such as changing policies on
facility reporting requirements or increasing general awareness of environmental
issues.
Public access to certain types of environmental information urges better environmental
performance. For instance, public oversight of how facilities comply with environmental
standards or what they discharge in the environment is a powerful motivator for
improved environmental performance by industry.
The information assessed includes the right to access public interest information and the
provisions for keeping information of state interest confidential. The team assessed much
information that concerned the provisions for confidentiality because there is a robust
body of law in this area, namely the Constitution of the United Republic of Tanzania,
1977, the Environmental Management Act, 2004, the Newspaper Act, 1976, and the
National Security Act, 1970. The laws assessed shows that much information is withheld
from the public in the name of state security or interests.
9
2.1. ASSESSMENT OF LAWS REGARDING ACCESS TO INFORMATION
The Constitution of the United Republic of Tanzania, 1977 contains two articles (18 (1)
and 27) that guarantee the right to freedom of expression; this includes the right to seek,
receive and impart or disseminate information. The articles grant all citizens the right to
information about the country and the world at large.
This is contradicted by the below paragraphs. The Environmental Management Act,
2004, that repealed the National Environmental Act, 1983, provides that one can get
information from the National Environmental Management Council (NEMC). Further,
the law provides that the Council has the duty to disseminate the findings of any research
it conducts. On the other hand The Director of the Environment is only allowed to
publish information that “he considers” necessary for the public.
Although EMA allows anybody to search information related to EIA for developmental
projects, attachment of a cost related to such searches can be a hindrance to free access to
such information.
On the other hand, the Newspaper Act, 1976 limits access to information by regarding
information that in any way jeopardizes the interest of the state as seditious. The Act
even provides a punishment of imprisonment for a term not exceeding two years, a fine
not exceeding 20 United States dollars or both for the publisher of anything deemed
seditious, and for anyone found with the publication in question.
The National Security Act, 1970 hampers the right to information by classifying some
information as only accessible to “authorized officers.” This prevents the public from
accessing the information. Laws which guarantee sound and clear procedures for
enforcement of the right to information especially information on human health and
environmental protection should be enacted. Moreover, information on human health and
environmental protection should be accessible to the public.
10
2.2. ASSESSMENT OF PRACTICE
2.2.1. Basic Information
This study predominantly focused on access to environmental information in (1)
environmental emergencies, (2) monitoring systems, (3) state of the environment reports
(SOE) and (4) industrial facilities. Eleven case studies in total were assessed.
2.2.2. Case studies description
Environmental emergencies were split into two categories: large scale and small scale.
Improper management of pesticides (dumping in residential areas) was assessed as a
large scale environmental emergency because it involves human activity, has had a
measurable impact on the human population, the environment, and biodiversity, and had
a response by national authorities (See appendix 1, Form 1A).
The poisoning accident at Arusha flower cuttings farm (which happened in March 11th,
2004) was assessed as a small scale emergency because it occurred at a private facility,
impacted humans and the environment outside of the facility, and it involved dangerous
substances that could cause harm to the environment (See appendix 1, Form 1A).
In its review of monitoring systems, the study examined air and water quality. For air
quality the study examined the National Environmental Management Council (NEMC)
pollution control monitoring. Unlike most African countries, there is no national air
quality monitoring system in Tanzania. In Tanzania, air quality monitoring is done in
patches for specific purposes.
For water quality the study assessed the Lake Victoria Environmental Management
Program. It was chosen because is operated by the government and is a representative of
monitoring systems in jurisdictions of similar size.
The State of the Coast Reports of 2001 and of 2003 that were prepared by the Tanzania
11
Coastal Management Partnership were used to assess state of the environment reports.
These were chosen and assessed because there is no country-wide State of the
Environment Reports are prepared by the government (See appendix 1, Form 1B).
Five facilities were selected for assessment of industrial facilities, two mining industries
and three manufacturing factories. These are Africa Mashariki Gold Mine, Kahama
Mining, Shely’s Pharmaceutical Limited, ASBESCO and Afro-Tanneries Limited. The
study assessed the Environmental Impact Audit reports of the above facilities, reviewed
relevant documents, and conducted interviews. The study chose the facilities because
they belonged to two or more economic sectors, performed one or more types of
reporting (compliance, or PRTRs), and are representative of their respective sectors in
size, environmental performance, and reporting.
2.2.3. ANALYSIS OF THE FINDINGS
The strengths of the framework for access to environmental information are the clear
mandate that details periodicity and means of dissemination that makes compliance
reports available to the public. The mandate comes from section 172 of Environmental
Management Act and Article 18 of the 1977 United Republic Constitution.
THE WEAKNESSES IN THE FRAMEWORK LIE IN THE CLAIMS OF
CONFIDENTIALITY WITH RESPECT TO COMPLIANCE ABOUT AIR AND
WATER POLLUTION REGULATIONS. COMPLIANCE REPORTS AND
POLLUTANT RELEASE AND TRANSFER REGISTERS (PRTRS) ARE
AVAILABLE ON THE INTERNET BECAUSE THERE ARE NO EXPLICIT
RULES ABOUT THE CONFIDENTIALITY OF PRTRS.GRAPHICAL
REPRESENTATION OF THE STRENGTHS AND WEAKNESSES OF THE
FRAMEWORK FOR ACCESS TO ENVIRONMENTAL INFORMATION (SOURCE:
Indicators Scores)
12
Scores
Strongest and Weakest points in the Framework for Access to
Environmental Information
Figure 1. Strongest and Weakest points in the Framework for Access to
Environmental Information
KEY:
1.
2.
3.
Mandate to make compliance reports accessible to the public.
Mandate to make Pollutant Release and Transfer Registers accessible to the public.
Claims of confidentiality regarding compliance with regulations on discharges of
pollutants to air and water.
4. Claims of confidentiality regarding Pollutant Release and Transfer Registers
(PRTRs) or equivalent.
5. Types of compliance data.
6. Production of Pollution Release and Transfer Register (PRTRs).
7. Compliance reports available on Internet.
8. Pollutant Release and Transfer Register (PRTR) reports available on the Internet.
9. Quality of information accessible to public in compliance reports.
10. Quality of information accessible to public in Pollutant Release and Transfer
Register (PRTR) reports.
11. Timeliness of compliance report data.
12. Timeliness of Pollutant Release and Transfer Register (PRTR) data.
2.3. COMPARISON OF CASE LAW FOR DIFFERENT TYPES OF
INFORMATION
The assessment recognized common threads among different cases. The assessment
determined that there is no indicator for which all of them have strong or weak
performances.
13
The cases indicate that the government has working systems for:

Disclosure of information,

Active dissemination of information, and

Protocols for responding to requests for some types of information. These
include:
a.
Environmental and health impacts information during an emergency,
b.
Information from an ex post investigation,
c.
Information on air quality,
d.
Information on drinking water quality,
e.
Information on state of the environment,
f.
Information showing facilities’ accountability for their environmental
performance, and
g.
Information on Pollutant Release and Transfer Registers.
The cases do not explicitly indicate that systems for disclosure and active dissemination
or response to requests are absent for other types of information. In addition, these cases
indicate that access depends on the agency responsible, the affected people, the cause for
pollution, the sensitivity of the information, and the possible liability issues.
The information which is made available to the public is often irrelevant because it is
outdated. The compliance reports which were assessed are between three and ten years
old. More recent reports are unavailable, reminding citizens of the legal aphorism “the
right delayed is the right denied.” The public has the right to access relevant and timely
information.
Though not explicitly shown in the assessed data, there
are some groups of people that have no access to
certain information because either it is sensitive or the
14
agency responsible wants to limit liability.CHAPTER
THREE
PARTICIPATION
3.0. INTRODUCTION
Participation allows citizens to express their opinions, challenge decisions, and shape the
policies that affect their communities and environment. The importance of public
participation was a consistent theme in many of the major international agreements such
as the Rio Declaration, Agenda 21, the Johannesburg Plan of Implementation, and the
Millennium Development Goals. The Rio Declaration, the Tanzanian National
Environmental Action Plan (NEAP, 1994), the National Conservation Strategy for
Sustainable Development (NCSSD, 1995), and the National Environmental policy (1997)
declare that environmental issues are best decided with full participation of the public.
The National Environmental policy (1997) outlines the importance of public participation
in decision making. The policy states that one of the “fundamental prerequisites for the
achievement of sustainable development is broad public participation in decision-making,
including the participation of individuals, groups and organizations in environmental
impact assessment issues and in decisions, particularly those which potentially affect the
communities in which they live and work.” Sustainable development is greatly linked to
decentralized control over natural, social, and economic capital. Development cannot be
sustainable without significant, substantive community input and control over decisions.
The depth of participation reflects the long-term success of a project. Moreover, public
participation is important as it:

Empowers local people and provides them with the opportunity to voice their
concerns.

Creates a greater sense of ownership on the part of stakeholders.

Improves the quality of decisions and solutions.

Strengthens collaboration and partnerships between governments, and civil
15
society.

Increases transparency and public understanding of government processes.

Increase all parties’ commitments to solutions, since all parties played significant
roles in crafting those solutions

Provides a mechanism for stakeholders to influence and share control of
development initiatives, decisions, and resources.
This chapter presents experiences about public participation in decision making in
national policies, strategies, plans, programs, legislation and specific projects. The aim is
to show how the laws and policies guarantee public participation and the extent to which
the government promotes meaningful public participation at various levels. The analysis
included a review of the general legal framework that supports participation in decisionmaking that affects the environment in Tanzania, followed by an evaluation of
participation in practice that examined actual decision-making experiences in five case
studies. The case studies represented decision-making process on policy, strategy, plan,
program and legislation. To gain more insight into the system for public participation
two more cases that demonstrated decision-making process at the project level were
added to the survey, bringing the total types of decision-making cases to six and the total
case studies to seven. The selected decision-making cases cover different types of
decisions, i.e. national and sub-national (meaning regional). The decision-making cases
were drawn from major sectors such as Forestry, Agriculture and Energy, which are
responsible for major economic production in Tanzania.
3.1. LAWS SUPPORTING PARTICIPATION
Tanzania has recently passed several new laws that address environmental and social
issues. These include legislation that requires public participation in planned
development activities and how decision-making affects people’s livelihood. The most
important laws, bills and guidelines assessed by the research team are the Constitution of
the United Republic of Tanzania (GOT, 1977), the new Environment Management Act
(EMA) of 2004 and the EIA Regulations (NEMC, 2005). These Acts and EIA
16
Regulations make public participation and consultation a pre-requisite for all
development projects or programmes that are intended to take place.
In assessing the presence and quality of legislation and the degree to which it supports
participation in decision-making the research team applied indicators in three
subcategories: (1) the general legal framework's support for access to information; (2)
participation in national or sub-National policies, strategies, plans, programs, or
legislation; and (3) participation in project-level decisions. These subcategories were
divided into two parts: (1) laws and regulations governing public participation and (2)
practices. The indicators for practices were organized along three topics: (1) access to
information about decision-making processes, (2) opportunities to participate, and (3) the
outcome of participation. Assessment of access to information in decision-making
processes focused on notification, availability of documents, quality of information
supporting participation, timeliness of the communication of final documents, and
communication tools used to disseminate drafts, as well as the participation of
marginalized socio-economic groups.
Assessment of the opportunity to participate focused on the degree of consultations,
comprehensiveness of consultations, duration of public comment period and participation
in implementation and review of decisions. Assessment of the outcome of participation
included research questions on timeliness of information given to the public about the
consultation process and an incorporation of public input in decision. Additionally the
research team focused on the degree of participation by affected parties or public interest
groups in implementation or monitoring of compliance with decisions. Assessment of
participation at all levels of the decision-making cycle is important to measure how
systematic government efforts incorporate public participation and at what point in the
decision-making processes the government seeks public input.
3.2. FINDINGS
The Constitution of Tanzania has a clause that requires that all people safeguard and
17
protect the natural resources of the country. This provision can be extended to include
guarantees for direct participation in natural resource management and decision-making
about the environment. Article 18 (2), 20 (1) and 27 (1) provides a clear constitutional
basis for the freedom of direct participation in public matters.
Box 2: Constitutional guarantees to public participation

Article 18(2): Every citizen has a right to be kept informed of developments in the country
and in the world which are of concern to the life of the people and their work and of
question or concern to the community.

Article 20 (1): Every person is entitled to freedom, subject to laws of the land, to freely and
peaceably assemble, associate and cooperate with other persons, express views publicly,
and more specially to form or join associations or organizations formed for the purposes of
preserving or furthering his beliefs or interests or any other interests.

Article 27 (1): Every person has the duty to protect the natural resource of the United
Republic, the property of the state authority, all the property collectively owned the
people…
According to the National Environmental Action Plan (NEAP, 1994), the key policy
instruments and strategies for achieving sustainable development are environmental
impact assessment, environmental legislation, economic instruments, environmental
indicators and standards, and public participation. The NEAP states that an effective
environmental analysis cannot be undertaken in isolation of the opinions of local people
or the valuable site-specific knowledge that can be obtained from local groups, NGOs,
and other institutions that conduct development projects in the area.
It is a requirement under the EIA Regulations (NEMC, 2005) that the public actively
participate in the EIA and the project planning process. Paragraph 2.3.1 of the
regulations, states that the overall purpose of involving the public and affected persons is
to incorporate their views into the EIA study. To ensure that members of the public are
18
fully involved in the process, the project proponent is required to initiate a public
information campaign in any area likely to be affected by the proposed project, to record
any concerns raised by members of the public, and to address such concerns in the EIA.
The project proponent must provide background information on the nature of the
proposed project that will help interested and affected parties comment constructively
from an informed position. The regulations also require that public concerns, interests,
and aspirations feature in the record. The regulations are supported by the EMA (2004) to
provide redress when the public consultation process is ignored.
In Tanzania at present the most powerful bill providing a basis for public participation in
environmental decision-making is the Environmental Management Act of 2004 (GOT,
2004). This Act repealed the National Environmental Management Act, 1983 and it
provides for the continued existence of the National Environmental Management Council
(NEMC). Under this Act NEMC facilitates public participation in environmental
decision-making. It requires that project proponents conduct EIAs, and it grants all
persons the right to participate in the EIA process. The Act requires that environmental
committees be formulated at all levels of the local government structure, including
regions, districts, wards, villages, and Kitongoji. Under part XIV of the Act the public
has the right to both participate in decision-making about the design of environmental
policies, strategies, plans and programmes and to participate in the preparation of laws
and regulation relating to the environment. This is in accordance with principle 10 of the
Rio Declaration.
Tanzania scored highly for public participation in the drafting of legislation because it
has a framework for participation at all levels of the government. At the village level the
institutions that formulate village-by-laws are: the Village Assembly (VA), Village
Council (i.e. the village government (VG), and Ward Development Committee (WDC).
There is a formal channel for public access to legislative processes at the village and
ward level. At the district/municipal level the public can access drafts of legislation via
the elected Councillors and other-informal channels to the Council. The Council, which is
19
a body of elected representatives, drafts by-laws that are based on the submissions and
proposals of its statutory committees. The statutory committees formulate proposals
based on demands from affected or interested individuals or groups. The full council
makes decisions on Council by-laws. Public participation in drafting legislation at the
national level is not formal. The process involves four steps and the public does have
access, albeit informal access. Overall scores for public participation for the cases
assessed are strong. See Table 1 below.
Table 1: Tanzanian Participation in Constitutional and Legal Frameworks
Indicators
Score Reasons
Freedom of direct
participation in public
matters
Public participation in
drafting legislation
Strong
Constitution explicitly guarantees the right to public
participation
Strong
Rules in administrative
laws relevant to
environmental
protection
Public participation in
administrative
procedural law
Strong
In Tanzania now there is a framework provided for the
public participation from the village level to the national
level.
Many sectors policies and legislations relevant to the
environment were reviewed in Tanzania to provide the
public to participate in decisions in those administrative
areas.
It is a requirement under the National EIA Procedure and
Guidelines (NEMC, 1997 Draft) and the new EMA
(2004) that the public actively participate in the EIA and
project planning process.
Strong
In Tanzania there are some weaknesses in the development of the legal framework for
participation. Capacity for developing the legal framework is one of the major
weaknesses. This includes the human and financial resources needed to engage in policy
and law making. The general public lacks information about the current legal framework
and their right to participate in decision making about environmental matters. Although
the Environmental Management Act is a good law, the institutions required to enforce it
are under-funded. NEMC has only one office, located in Dar es Salaam, which may
tempt developers in Kagera or Kigoma to ignore the guidelines or to offer misleading
information to NEMC. In government, participation is lacking and so many decisions are
taken by a few officials who may not involve civil society and the general public.
20
3.3. Tanzanian Priorities for Developing a Legal Framework for Participation
Appropriate information dissemination techniques and consultation mechanisms should
be adopted to sensitize stakeholders to regulations and to ensure that all groups have
opportunities to give feedback on issues of concern to them.

Local populations should be given information about the present legal status and
the environmental situation in Tanzania, as well as the legal and management
changes that have been proposed over time.

Greater participation of Civil Society Organizations is needed in Tanzania
because a participatory approach that involves civil society increases ownership
of the development strategy and enhances accountability and transparency of the
government.
3.4. PUBLIC PARTICIPATION IN PRACTICE
In the mid 1990s Tanzania modified its policies, strategies, plans, programs and
legislation to allow participation during all stages of the legislative process. Various
mechanisms and processes have been institutionalized at the village, ward, districts,
municipality, regional and national levels to enable public access and participation.
Because of the change in the legal paradigm, the Study focused on cases from the mid
1990s up to present. For each of the decision-making categories, the research teams
applied the indicators to the specific cases. The research teams examined seven cases:
public participation in policy, programs, and legislation related to forestry, agriculture,
energy, Marine Parks and Reserves, and management of the environment. The cases were
further separated into those related to management and conservation of the environment,
and decision-making related to sectoral policies that govern infrastructure development or
natural resource exploitation.
3.5. CASE STUDY DETAILS
3.5.1. Forestry
The research team examined public participation in policy-making related to forests. The
21
forestry sector in Tanzania has undergone a great deal of change in recent years. The
Ministry of Natural Resources and Tourism (MNRT) through the Forestry and
Beekeeping Division (FBD) developed the National Forest Policy in 1998 with the
assistance of the relevant stakeholders. The policy was based on an analysis of the
ecological and economic needs of the country and the availability of humans and other
resources. The revised Tanzania Forestry Action Plan (TFAP, 1989) provided the basis for
the policy review. The policy was formulated using both sectoral and cross-sectoral
stakeholder contributions. The cross-sectoral stakeholders ensured that the proposed policy
would conform to the overall framework of the nation's forestry-related sectors. The policy
provides a better environment for widespread participation among stakeholders with
regard to forestry activities.
The policy encourages participatory forest management, providing for joint forest
management inside forest reserves and for community-based forest management outside
the reserves. This way, poor local communities are able to gain control of, and benefits
from, forest resource use. The National Forestry Policy recognizes that community
participation in forestry is part of an overall rural development strategy by calling for
integrated natural resources extension services, including agriculture and livestock.
The main findings from this research indicate that government efforts to solicit public
comments for the forest policy proposal/draft proposal were generally very good. In most
cases public interest groups were given at least 30 days to comment on policy proposals,
and several consultations took place. Sector documents, such as the Tanzania Forestry
Action Plan (TFAP 1989), and forest policy documents were widely publicly accessible
in many offices, including the Catchments project offices, Forestry Project Offices, Zonal
Publicity Offices, Regional and District Natural Resource Offices (DED, DNRO, DFOs).
Also the FBD provided the policy draft at relevant offices for public comments and
feedback. The public input was incorporated into the final policy document. Public
interest groups and potential stakeholders were consulted and sufficient lead-time was
22
provided for public comment. Similarly, different communication tools were used to
disseminate the information on policy formulation and the outcomes of the policy (See
annexture IIA: Summary of Communication and Awareness Creation Activities for
the forest Sector). The Forestry Policy scored highly on access to information,
opportunities to participate, and the outcome of the participation. In other words the
policy scores highly on both quality and accessibility.
3.5.2. Agricultural Sector Development Strategy (ASDS, 2002–2007)
Agricultural Sector is the leading sector of the economy of Tanzania and accounts for
over half of the GDP and export earnings. Over 80% of the poor are in rural areas and
their livelihood depends on agriculture. Moreover, about 80% of the population live and
earn their living in rural areas with agriculture as the mainstay of their living. The
Ministry of Agriculture and Food Security developed the Agricultural Sector
Development Strategy (ASDS) as a step forward towards laying the foundation for the
ways to develop the agricultural sector, hence the national economy at large as well as
poverty reduction especially in the rural areas.
Preparation of the Agricultural Sector Development strategy began in the year 1998, after
the finalization of the Agricultural and Livestock Policy and the Cooperatives
Development Policy of 1997. The overall objective of ASDS is to create an environment
that improves agricultural productivity and profitability, improves farm incomes, reduces
rural poverty and ensures household food security. The Government developed the
strategy through a broad stakeholders' consultation process. Between 1998 and 2000, the
Government conducted various studies and intensive participatory consultations with
stakeholders at national and grass-roots levels in order to review sector performance,
determine which factors contributed to the dismal performance of the sector, and
recommend any strategic interventions that were necessary to restore profitability. The
project team also made consultations in connection with specific projects such as the
Agricultural Sector Management Project and the National Agricultural Extension Project.
23
The draft ASDS was submitted to the Government in September 2000, and after
consultations, the team concluded that it should conduct further consultations, especially
in rural areas, at the grassroots level, in order to enrich the ASDS document. The team
conducted four zonal workshops where 40 percent of the participants were women and 53
per cent were farmers and farmer representatives. The team then submitted a revised
document in another round of stakeholder’s workshops held on 7 and 8 June 2001. They
then finalized the document, and presented it to a workshop of Inter-ministerial and
development partner representatives on 27 September 2001.
Analysis of participation on this strategy found out that in the initial stage of preparations
access to information in decision-making was weak. However, with time the situation
improved as the Government sent the draft document back to stakeholders to solicit input.
Similarly, ASDS scored highly in its incorporation of public comments and in providing
information to the public about the outcomes of consultations. However in terms of
communication tools used to disseminate information, the strategy only received an
intermediate score. The communication tools used were mostly workshops and seminars,
and this limited the involvement of marginalized socio-economic groups. The strategy
document is publicly accessible in many places, including the Ministry of Agriculture
and Food Security Head Quarter, the Regional and District Agriculture offices,
Agricultural Development Projects, NGOs Offices. However, there is a limited
stakeholder involvement in implementing the strategy and limited feedback from the
implementers to the stakeholders.
3.5.3. General Management Plans – Mafia Island Marine Parks
The Ministry of Natural Resource and Tourism adopted the General Management Plan
(GMP) of Mafia Island Marine Parks in 2000. Preparation of this plan was based on the
Marine Parks and Reserves Act No. 29 of 1994, which established the Mafia Marine Park
Reserves. The Act provides that a General Management Plan shall be adopted for each
marine park. The GMP strongly recommends collaborative management and community
participation. It emphasizes that all development and activities in the Marine Parks or
24
Reserves should have a large public participation component. The affected groups and
local NGOs should be informed about decisions, and should be consulted in a meaningful
way. This includes: information dissemination, consultation and public participation prior
and during any activities planned for the marine parks.
The scorecard for this case study indicates that there was an increased focus on sharing
information early in the process. The documents which were analyzed indicate that the
management plan was developed in close collaboration with all groups who had an
economic or cultural interest in the Marine Parks area, especially resident communities.
The planning process was participatory and it started as early as 1991. The public was
given sufficient notice about the intent to develop the plan, and the case study scored high
in this area. The case study also scored high for public involvement as this was one of
the requirements. The processes allowed for 3 to 5 years for reviewing the plan. The
plan's documentation is currently available at district level government offices and at the
head office in Dar es Salaam.
The study obtained a weak score for communication and inclusiveness, because it did not
sufficiently communicate the outcome of the consultations, nor provide the final draft to
the public. Additionally, throughout the preparations, the study used communication tools
at meetings and seminars that were inaccessible to a wide range of potential stakeholders,
especially those from marginalized socio-economic groups.
The case study scored strong for external consultations as consultations with several local
and international organizations, such as the WWF, IUCN, and FAO were conducted.
3.5.4. National Forest Programme
The Government of Tanzania endorsed the National Forest Programme (2001- 2010) on
November 7, 2001. The Forest and Beekeeping Division of the Ministry of Natural
Resource and Tourism (“FBD”) led this process. The National Forest Programme
(“NFP”) aimed to implement the Forest Policy by enabling active participation of
25
stakeholders in the resolution of cross-sectoral issues, particularly those regarding use,
water, agriculture, poverty alleviation, energy needs, and environmental protection. The
NFP attempted to realize its vision by promoting private sector and community
participation through participatory management techniques that addressed gender issues.
The NFP included Joint Forest Management (JFM), Community Based Forest
Management (CBFM), commercialization through concession, and private sector
involvement in the management of industrial plantation forests. The framework that the
NFP developed was used to create the Participatory Forestry Management component
(2003- 2007).
The NFP had a condensed time frame in which to conduct its participation (See box 3
below). In some cases these time constraints reduced the programme's accessibility to the
public, and this was reflected in the scoring. The programme scored high for both
'notification of the intent to develop the programme', and 'availability of documentation
that supports participation' because the processes started shortly after the policy was
passed in 1998. Indeed, the programme was formulated to implement the policy. Once
the document was ready there was a planned and systematic effort to enable marginalized
socio-economic groups to comment on the document. Various communication tools were
used to disseminate the programme document (See annexture IIA: Summary of
Communication and Awareness Creation Activities for the forest Sector). Moreover
periodic newsletters, handouts and other FBD publications were produced that discussed
the programme. Using these methods and tools, the FBD was able to inform the public
about comments and the consultation process within a reasonable time. Unfortunately,
however, the limited time frame that was provided for the formulation process meant that
communication of the draft and final decisions to the public was expedited. Despite the
limited time, external consultations were done adequately.
Box 3: NFP Formulation Processes
1. Jan-March 2000- A forest sector analysis by four Forest Policy areas
2. February – Apr 2000- National Stakeholders orientation workshop in 4 FP
26
areas
3. June 2000-Categorising and defining the forestry issues raised in the
workshop
4. June to Aug 2000- Baseline study and a National Workshop on best
practices and lessons learned from the consultative processes
5. August – Sept 2000 - Local level consultative workshops in six regions
6. June–Dec 2000 - Special studies on areas which need in depth analyses
7. October –Nov.2000 - Further work with major forestry issues
8. Dec-Feb 2001 - Preparation of NFP Framework document
9. 9. March Finalizing the NFP framework doc and starting the adoption of
the NFP document by the GVT and other stakeholders.
3.5.5. The Forest Act - Legislation
The research team selected the Forest Act No. 14 of 2002 to analyze legislation. This Act
governs forests throughout mainland Tanzania and it repealed legislation that was
propagated during the colonial era, such as the Forest Ordinance. The Forest Act, 2002 is
the major legal instrument of the Tanzania forest policy. The Act was prepared by the
MNRT - Forestry and Beekeeping Division (FBD). The Act aims to encourage and
facilitate the active participation of the citizens in the sustainable planning, management,
use and conservation of forest resources through the development of rights and
responsibilities to use and manage forest resources at the lowest possible level. It
supports environmental management by enabling local communities to declare – and
ultimately gazette – Village, Group or Private Forest Reserves, and provides for three
categories of Community-based Forest Management (CBFM): (i) Village Land Forest
Reserves (VLFR) managed by the entire community, (ii) Community Forest Reserves
(CFR) managed by a particular designated group in the community, and (iii) Private
Forests (PF) managed by individual designated households. The Act also provides for
registration and other procedures through which villages, groups or individuals may
secure local jurisdiction over forests or take on management functions in government
reserves through the establishment of Joint Forest Management Agreements (JFMA) with
the government.
27
The indicator scores for the Forest Act (2002) were similar to those of other forest-related
cases. In consultation and degree of external consultations the Act scored highly as the
Act was prepared using a wide participatory dialogue within government and with a
broad range of stakeholders. In addition, a series of meetings, workshops and
consultations were held with people outside of the project, both to provide information on
the Act and to solicit input and define the parameters of the Act. Additionally the case
study scored strong on accessibility of the information, but weak on feedback provisions
to the public. This was due to fact that the Forest and Beekeeping Division (FBD) did not
have feedback mechanisms in place during or after the Forest Act formulation process.
Moreover public participation was strengthened by the availability of the TFAP policy
and programme, which supports public participation. Communication tools used for
advertising and disseminating information were not fully employed. This adversely
impacted the Act's ability to reach marginalized groups. Some official documents at the
FBD mention that consultations were held and public input incorporated.
3.5.6. Lake Victoria Environmental Management Project (LVEMP)
The Lake is a joint initiative of the three East African countries: Kenya, Uganda and
Tanzania for the environmental management of Lake Victoria. It was a five-year project,
which was later extended for two and half years ending 2005. The objective was to
strengthen regional coordination in the management of Lake resources, including
fisheries management, control of water hyacinth, management of water quality, and land
use management, including wetlands. The LVEMP has attempted to integrate community
participation across all of its project components. These attempts have been met with
varying amounts of success, depending on the nature of the component activities
undertaken and the extent to which the implementers understood participatory
approaches.
The research team concluded that the extent and nature of participation ranged from little
input and feedback on the initial LVEMP drafts to substantial contributions, especially
for micro-projects, throughout all stages of formulation, including organizing and
28
facilitating consultations with other stakeholders. Local communities, rural associations,
women’s groups, NGOs, and others were invited to the workshop/seminars and were
given an opportunity to comment and suggest recommendations on the various elements
of the LVEMP. The document which mentions how the public consultations were
conducted was available at LVEMP office. The research team was only able to find the
parties who participated in the implementation and monitoring for an LVEMP Micro
Project. In several important areas of the micro projects, the dialogue with the public led
to adjustment and reformulation of the approach proposed in the initial LVEMP
document. Additionally a wide range of communication tools, such as newsletter, radio,
TV, workshops, and seminars were used to reach the general public. For the microprojects the outcome of the consultations were given to the public within 1 month of the
decision and so they generally scored strong.
3.5.7. The Lower Kihansi Environmental Management Project (LKEMP)
The Lower Kihansi Environmental Management Project (LKEMP) was approved in July
2001, to assists the long-term conservation of the Kihansi Gorge ecosystem and upstream
catchment areas. The project was developed in response to concerns raised by the
government, academics, and environmental NGOs about habitat loss due to the operation
of a hydroelectric facility located in the Lower Kihansi Gorge. The Lower Kihansi
Gorge, is located in the Eastern Arc Mountains along the eastern escarpment of the
southern Udzungwa Mountains in South Central Tanzania. The Lower Kihansi facility is
operated by the Tanzania Electric Supply Company (TANESCO) and it began producing
power in December 1999. The project is comprised of four components: (1) habitat and
species conservation and management; (2) establishment of definitive water rights; (3)
implementing an Updated Environmental Management Plan; (4) Strengthening
Institutions. The project also compliments ongoing conservation work, such as the
captive breeding of the Kihansi Spray Toad, installing artificial spray irrigation systems,
and evaluating intermittent bypass flows.
The scorecards for this case study indicate that participation was much stronger during
29
the information gathering and formulation stage of the project cycle, and weaker during
project implementation and monitoring. Also there was little input and feedback on the
project drafts document. The LKEMP scored low in accessibility of project information
to the affected communities. Through local consultation it was found that the people in
the local communities know very little about the LKEMP components, except for the
endangered Kihansi Spray Toad. The local populations expressed strong feelings about
what they called a "communication deficit'. They complained of not having access to the
comments that resulted from the public consultation. In reviewing newspaper clippings,
the research team found that the Villagers around Kihansi Hydro Power Station have
complained about being excluded from the implementation of the LKEMP. Additionally
the public is concerned that there is no proper mechanism for including them in
subsequent reviews, extensions and modifications to the project. Further, project
documents were not available at the public registry so it scores low in that category.
Regarding communication, the LKEMP secretariat reported that radio, workshops and
indigenous media such as cultural shows and interactive dramas had been used in
disseminating project information and decisions reached and this score strong.
Table 2: Overview of Cases Assessed on Decision-Making
Case
Coverage
Type
Quality
Accessibility
The National Forest Policy
(1998)
The Agricultural Sector
Development Strategy
(2002–2007)
The General Management
Plan of Mafia Island
Marine Parks (2000)
The National Forest
Programme (2001- 2010)
The Forest Act No. 14 of
2002
The Lake Victoria
Environmental
Management Project
The Lower Kihansi
National
Environment
Strong
Strong
National
Sector
Intermediate
Strong
Regional
Environment
Strong
Intermediate
National
Sector
Strong
Strong
National
Sector
Strong
Intermediate
Regional
Environment
Intermediate
Strong
Regional
Environment
Strong
Weak
30
Environmental
Management Project
(LKEMP)
3.6. Comparison of findings for different types of decisions
In all cases that were studied the majority of the consultations took place during the
initial analysis and formulation stages, with some consultations occurring during the
implementation, approval and evaluation stages. The LVEMP and ASDP scored
intermediate with regard to participation at the initial stages of the decision-making cycle
(notification); some respondents felt excluded from the actual drafting of the documents,
as they were mainly written by a few people from the government and Civil Society
Organizations. However, with time the LVEMP seriously improved its involvement of
the public in the implementation of its micro-projects. For the General Management Plan
of the Marine Parks and Reserves there was a high commitment to ensure public
participation during the initial analysis phase, and there was some effort to ensure
participation during the implementation stage. The strong performance of the forestrelated cases was due to the government’s commitment of ensuring that natural resources
are managed at the national and local levels. The scorecards show that there was little
public participation at the implementation stage.
This was either due to the lack of a Participation Action Plan prior to the commencement
of the process, lack of political will, lack of technical capacity to implement participatory
processes at later stages in the cycle or lack of follow up strategy. The respondents also
mentioned poor information flows, lack of time, and lack of resources. The government
sometimes neglected to provide information to local people in appropriate formats, and
some blamed the government for what they believed was a severe lack of information.
Other respondents reported that agendas and documents were not disseminated before the
meetings, and so local people were incapable of preparing properly. In order to enable a
genuinely participatory process, the government must design strategy that provides
necessary and timely information to people in appropriate formats. The involvement of
marginalized socio-economic groups such as women, local groups, and disabled people
31
demonstrated the overall quality of participation.
However, for the cases assessed, participation did not go much beyond consultations; all
the consultations, except for the Forestry related cases and the micro projects of LVEMP
had representatives from the rural areas and from marginalized socio-economic groups.
Consultation was often limited, and participation tended to occur late in the decisionmaking process. However, in some cases there was a deliberate effort to ensure that
women participated. Further, in the forest-related cases there was a deliberate effort to
disseminate drafts or outcomes of consultations to the public, and the research team
concluded that information about decisions on forest related cases was accessible to the
public.
More important to mention, the study found that
documentation of public consultations is still weak, even
when public consultation was well done. Some of the
documents that were assessed had some discussion of
the public consultations, but very few had complete,
detailed records on either the process itself or the
insights that were gleamed from the process.CHAPTER
FOUR
CAPACITY BUILDING
4.0. INTRODUCTION
The team assessed the government’s initiatives in building the capacity of the institutions
and agencies at both the individual and the institutional levels. The rationale for this was
that environmental management is best handled when people have the capacity to manage
it.
32
4.1. DESCRIPTION OF THE METHODOLOGIES AND CASE STUDIES
INVOLVED
In conducting this assessment both primary and secondary methodologies were
employed. The primary (field survey) involved an interview with several private and
government departments and institutions/organisations. The survey team designed the
questions from the interview by incorporating the priority indicators and checklists from
the TAI database.
The primary methodology for the study was to assess the issue of capacity building in
five chosen case studies and three Non-Governmental Organisations. The study chose a
central government ministry / department that is involved in environmental issues, and
other sectors and institutions that were either environment-related, or were engaged in
capacity building.
As such the following case studies were chosen: the National Environment Management
Council (NEMC), the Department of Environment and the Department of NonGovernment Organisations both of the Vice President’s Office, the Ministry of Tourism
and Natural Resources, specifically the wildlife division, the Ministry of Education and
Culture, the Tanzania Revenue Authority, the department of Income Tax, and three
NGOs.
The secondary methodology was accomplished through a library search of laws, policies,
rules, guidances, policies, regulations, websites, and other documents. The following
laws were reviewed: The Constitution of the United Republic of Tanzania of 1977 (as
amended); Interpretation of Laws and General Clauses Act, 1972/1996; The Income Tax
Act, 1973 (together with other tax codes); The Non-Governmental Organisations Act,
2002; Societies Incorporation Ordinance, Cap. 18; the National Environmental
Management Act, 1983; the Finance Act(s); the National Environmental Management
Act, 2004. Case laws were also reviewed.
33
Some of the government strategies, policies and articulations that were reviewed are: the
National Environment Management Policy of 1997; the National Wildlife Policy of 1998;
the Public Expenditure Review of Environment, Financial Year 2004; Tanzanian
government websites such as www.tanzania.go/government/vpoffice.htm,
www.Tanzania.go.tz/environment.htm; “The Kakakuona”, the magazine produced by the
Ministry of Natural Resources; and Newsletters of the NEMC.
The study reveals that the process for building capacity, and capacity building itself is
done in one or more of the following ways:

Through legislations within related environmental laws.

Through office/departmental arrangements. Such as special need of a certain
expertise. Here, the government locates budget for that purpose.

Through trainings as specialization of individual person before and when
he/she is employed.

Through educational and informational materials such as posters, brochures
and leaflets.

Through other ways.
4.2. ASSESSMENT OF THE LAW
4.2.1. Description of Legislation
In assessing the law regarding the issue of capacity building on environment, we were
guided by indicators such as: freedom of association, the right to a clean environment,
proper governance of NGOs dealing with environment, tax incentives for environmental
protection, and financial assistance for environmental cleanup. The primary question
asked was: does Tanzania's legislation provide for all of this?
Note that until 8th February, 2005, Tanzania did not have a unified environmental
legislation. Environmental issues were scattered throughout legislation, policies and
34
guidelines depending on the sector. Environmental law was found in the National Parks
Ordinance, Cap. 412; the Mining Act, 1998; Fisheries Act, 1970; the Ngorongoro
Conservation Area Authority Ordinance, Cap. 413; Marine Parks and Reserve Act, 1994;
Forest Act, 2002; Wildlife Conservation Act, 1974 and the like.
On February 8th, 2005 the President assented to the Environmental Management Act,
2004 Act No. 20 of 2004. The law was still not in operation, as of April, 2005.
The above mentioned laws provide very little information about the primary issues raised
above. However, both the Constitution of the United Republic of Tanzania, 1977, and the
Income Tax Act, 1973 provide some protections.
In the future, the Environmental Management Act, 2004 will provide for many of the
indicators that were examined. For instance, the right to a clean environment is now
expressly provided under Section 4 (1) of this Act.
4.2.1.1. The Constitution of the United Republic of Tanzania, 1977
The 1977 Constitution has been amended periodically. One of the major amendments
was the 1984 amendment to incorporate the bill of rights and duties in the Constitution.
The Bill of Rights includes 'freedom of association', but the Constitution does not
explicitly address the other indicators, such as the right to a clean environment. The
Courts sometimes read rights that are not explicitly included in the Constitution from
other explicitly provided-provisions. For instance Justice Lubama speculated that the
right to a clean environment was provided by Article 14 of the Constitution, which
guarantees the right to life.16
4.2.1.2. The Income Tax Act, 1973
The Income Tax Act, 1973 provides for all matters relating to charging, assessing and
16
Festo Balegele and 794 Others v. The Dar es Salaam City Council, High Court of Tanzania at Dar es
Salaam, Miscellaneous Civil Case No. 90 of 1991
35
collecting income taxes. The 1st schedule to the Act, paragraph 5 provides, that charitable
organisations (NGOs) are exempted from taxes on income which is accrued in their dayto-day business. The money received from the tax exemption should be wholly and
exclusively used for that particular organization’s purposes.
4.2.1.3. The National Environmental Management Act, 1983
The National Environmental Management Act, 1983 established the National
Environmental Council (NEMC). It did not contain any provisions relating to capacity
building, and none of the above-listed indicators were featured in it. A new law has been
proposed which would have a profound impact on the operation of the council, as issues
of public education and empowerment would be added to the work of the NEMC.
4.2.1.4. The Environment Management Act, No. 20 of 2004
Act No. 20 of 2004 was assented by the President when the assessment was in progress.
It is not operational as of April 2005. Section 4 of the law provides that everyone living
in Tanzania has the right to a clean, safe and healthy environment. The law also creates
the right to bring an action on behalf of the environment under Section 5. Furthermore,
Section 6 provides that everyone has a duty to protect the environment. Section 176
contain provisions, which direct that the public should be educated and informed of
matters pertaining to the environment. It states that:
“The Director of Environment shall, in consultation with the relevant Sector
Ministries, take appropriate measures for the integration of environment matters in
schools, colleges and institutions of higher learning. The Director of Environment
shall plan and conduct programmes aimed at raising awareness of the people on
sustainable development and environmental management”
4.3. Summary of the Laws
The issue of capacity building does not feature directly in our laws. However, some of
the indicators are found in the laws as explained above.
36
The Environmental Management Act, 2004 gives the citizenry new responsibilities, and it
will address the issue of capacity building in the NEMC.
The Wildlife Conservation Act, 1974 may be repealed and replaced by the Wildlife Bill/
Act, 2004. The proposed law has incorporated many important goals, including
provisions relating to the EIA and the need to educate people on wildlife and
environmental management. The Department of Wildlife will have these responsibilities.
4.4. THE CASE LAW
There is very little case law in Tanzania that addresses environmental issues. Hence,
capacity building through the courts has been extremely low. The High Court itself does
not have any statistics relating to environmental cases.
In both Joseph Kessy17 and Festo Balegele
18
the court prohibited pollution and held that
because pollution endangers people’s lives it is contrary to Article 14 of the Constitution
which guarantees the right to life.
Most of the cases, which are brought in court, are requests for orders of injunction to
prevent certain institutions or persons from polluting the environment in a certain
vicinity.
4.5. IN PRACTICE: CASE STUDIES
4.5.1. Government - Wildlife Division
The Wildlife Division is a government department within the Ministry of Tourism and
Natural Resources. The department is responsible for the management of wildlife and
natural resources relating to wildlife in Tanzania. The Wildlife Division oversees several
wildlife authorities, including Tanzania National Parks (TANAPA) and the Ngorongoro
17
Joseph Kessy and Others v. The City Council of Dar es Salaam High Court of Dar es Salaam, Civil Case
No.299 of 1988 (Unreported).
18
Festo Balegele and 794 Others v. The Dar es Salaam City Council, High Court of Tanzania at Dar es
Salaam, Miscellaneous Civil Case No. 90 of 1991
37
Conservation Area Authority (NCAA). Each of these authorities is governed by an Act of
Parliament. Both of the authorities have planning and conservation programs. For
instance, the TANAPA has a Wildlife Management Areas (WMA) program, which was
made under the Wildlife Conservation Act, 1974.
According to an interview (through a questionnaire) with the Director of Wildlife, the
Division has an administrative program to build the capacity of its staff and the public.
Table 3: Chart showing questions asked and their responses
Question
Response/ Answer
Does the government (through the
 Yes, the division has a training programme for the
wildlife division) have any
last 5 – 10 years aimed at building capacity of her
administrative program to build its
staff in order to increase their abilities.
own capacity – to provide
 Capacity building through trainings started long time
information, utilize public
a go, however, more emphasis has been seen since
participation and institutional support
1999 when the Research, Statistics and Training
to the public? For instance in training
Section was established for that purpose.
its staff to increase their abilities?
 The program targets operational, technical and
professional workers.
 That, there are three academic Institutions for that
purpose.
 That the Wildlife Division Staff have capacitated
through short and long term courses covering various
fields including wildlife and environmental
managements, biodiversity conservation, wetlands,
land use planning, ecosystems, project formulation
and management.
Do you have any person or office
 There is Publicity and Extension Subsection under
who or which is specifically
assistant director of wildlife. There are officers for
responsible for making sure that
communication, Education and Awareness programs.
people/public get their right to know  The subsection has radio and TV programs, which
laws, participation regulations in all
ensure a wide spectrum of people/public is reached.
matters about wildlife and
environment generally? How does
(s) he or it operate?
How do you increase the capacity of  Through strengthening the publicity unit, section,
understanding of people in protected
community based unit and environmental clubs
areas?
and committees.
 Local people are involved in the process of
gazetting protected areas, where they have to agree
to set out land for conservation.
38
4.5.2. Government Agency- National Environmental Management Council (NEMC)
This is the sole government body, which is responsible for management of the
environment in Tanzania. Its function is, inter alia, ensuring that government policies
take environmental effects into account.
It has four units: the Environment Impact Assessment, Information, Communication and
Outreach, Environmental Planning and Research, and Environmental Compliance and
Enforcement.
We assessed the capacity of the NEMC unit-by-unit. Much of the information we
gathered was found in the Vice President’s Final Report of Public Expenditure Review of
Environment for the year 2004.
The following table is an overview of the state of capacity building in each section of the
NEMC:
Table 4: Capacity (Building) Summary Chart for NEMC
Departmental Answer/ Response
Question
Are you harnessing new
technologies/methodologies in your
department?
Has your budgetary allocation been
increasing/ decreasing in real terms in
supporting capacity building?
Do you have any human capacity to
provide effective and efficient
services in terms of number and skill
types?
Is the work force in your department
well trained?
Do you have any appropriate
equipment and resources?
Environmental
Impact
Assessment
Information,
Communication
And Outreach
Environmental
Planning and
Research
Environmental
Compliance
and
Enforcement
To some
extent
To a large
extent
To some
extent
To some
extent
Decreasing
Inadequate
allocation
Decreasing
Decreasing
Not at all
To some
extent
To some
extent
Not at all
Fairly Trained
Well trained
but
understaffed
Yes but
inadequate
Fairly Trained
Well trained
but
understaffed
No
No
39
No
Is there an imbalance in your ability
to supply the services and the demand
of them?
Is there an imbalance in the allocation
of your resources between services
and between types of expenditure, e.g.
on salaries and operating costs?
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
SOURCE: Final Report of Public Expenditure Review of Environment for the year 2004.
4.5.3. Government Agency: Department of Environment - Vice President’s Office
The Department of Environment is in the Vice President's office, and is headed by the
Director of the Environment. It has three sections: Environmental Pollution and Control,
Policy Planning, and Research and Environmental Impact Analysis (EIA).
The study used the VP’s Office's Final Report of Public Expenditure Review of
Environment for the year 2004, as despite repeated requests for interviews, the
assessment team was unable to meet with anyone. The team also met with government
departments and non governmental organizations that were helpful in assessing the
capacity of the office based on the indicators provided.
The information that we compiled indicated that the Department of Environment had
similar approach to the NEMC, above. The major differences were that the workforce in
the Department of Environment was quite well trained, and had no imbalance in the
ability to supply services and the demands.
4.5.4. Government Agency: Department of NGOs – Vice President’s Office
The Department of NGOs is headed by a Director of the Department, and is charged with
administering NGOs in Tanzania. The team found that the Department of NGOs does not
have any program for capacity building.
4.5.5. Government Agency: The Tanzania Revenue Authority (TRA)
The Tanzania Revenue Authority is entrusted with collecting, and assessing various taxes
40
in the country. It was established by the Tanzania Revenue Authorities Act, 1995.
The team assessed the issue of capacity building in relation to tax incentives to NGOs
that deal with environment environmental issues. Per the Income Tax Act, 1973, we
found that there are tax incentives for charitable organizations as expressed above.
4.5.6. Government Agency: High Court Registry of Tanzania
The High Court Registry is the custodian of all records and statistics for all court cases
throughout Tanzania. The team aimed to secure statistics on environmental related cases,
which have been decided, or are pending before courts of law, but found that there are no
landmark cases on this issue.
Note that, in Tanzania, while there are specially designated labour, land, tax, and
commercial courts, there is no court specifically designed to hear environment-related
cases.
4.6. SUMMARY OF RESULTS
4.6.1. Overall Strengths
The government departments, overall, were strong in that they had Training Programs for
their staffs on capacity building, and awareness programs for the public, using the media,
newsletters, etc.
The departments have been increasing their staffs in order to meet needs. For example,
in the NEMC, technical and support staff have grown since 1986. In 1998 the number of
technical staff increased from 4 to 47, and then again up to 56 in 2004; the number of
support staff has risen from 5 to 44.
4.6.2. Overall Weaknesses
There continues to be an imbalance between the available capacity and the demand for
services from the departments. The survey of government departments has indicated that
41
there is an absence of a clear strategy to rectify this problem.
There is no good monitoring mechanism. The review of the sectors has revealed that
there is inadequate capacity to monitor and sustain the environment. The study shows that
most sectors rely on the NEMC and the VP's office as the focal points for environmental
assistance and advice.
The laws are inadequate on these issues.
N.B: None of the government departments have clear and affirmative strategies for
capacity building. Most of the offices just have administrative arrangements for their
staff. These sorts of arrangements do not cover the general public. The public is covered
through sporadic campaigns, which are short lived and reactive to a given problem. The
laws should support and develop a clear strategic policy for capacity building on
environmental issues.
CHAPTER FIVE
CONCLUSIONS AND RECOMMENDATIONS
5.0. CONCLUSIONS
The assessment done by this study suggests that public participation rights are guaranteed
in the Tanzania legal framework. The Constitution has a clause that guarantees direct
participation, and the National EIA Procedure and Guidelines (1997) emphasizes active
public participation in the EIA and in the project planning process. These guidelines are
now supported by the new EMA (2004), which guarantees the public the right to
participate in decision-making on the design of environmental programmes as well as the
right to participate in the preparation of laws and regulations relating to the environment.
Many new laws that have been enacted, and other sectoral laws that were reviewed
included provisions for public participation. However, some of these laws limit
42
participation to consultation. The Forestry sector cases that were assessed on decisionmaking recorded the strongest rankings for quality and accessibility. Though there were
some differences in scores, their general performance was good. The variability in
quality may have some relationship with the commitment, resources and time that is
invested by the responsible government agency i.e. FBD. Also, this solid performance
may be attributed to recent significant donor support and the sector's major overhaul.
All of the cases that were examined were accessible to the public through government
offices. It is worth bearing in mind that a document's availability at a government office
does not guarantee its accessibility to the public. The quality of effort to promote
participation was recorded as 'strong' for the forest related cases and 'intermediate' for the
plan and strategy. The LVEMP (Project-level decisions) had highly variable public
participation scores in terms of both quality and accessibility, and in the earliest stages
there was very limited participation: only notification of the draft project document.
Though the LVEMP did not involve an EIA, its micro projects demonstrated wide
opportunities for the public to participate and influence the project. Although some cases
scored 'weak' and 'intermediate' at the earliest stages of decision-making, LKEMP scored
'strong' because An Environmental Assessment for the Lower Kihansi Hydropower
Project carried out in 1992 was of poor quality. This attracted many interested parties and
another EIA was commissioned. Because they did not want to repeat the mistake in
inception of the LKEMP several consultations were done. However in the monitoring of
implementation and the review of performance LKEMP scored 'weak'.
In the decision-making cases assessed participation was weak/intermediate in the process
of defining the project and at the drafting stages. Participation was much higher in the
middle stages of decision-making. At this stage, the parameters of the problem or
solution were already defined and before they are actually implemented or adopted.
Additionally, except for the Forest related cases during implementation and monitoring
the public was partly excluded from the process. Whenever participation was encouraged
there was a remarkable improvement in resource management and support from the
43
communities. It is worth mentioning that the level of participation for different actors in
policy, strategy, planning, programme and legislation, as it occurs today in Tanzania, is
vastly uneven. Some actors have considerable influence in certain policy–making
processes, which may be disproportionate to their size or their constituency. On the other
hand, other groups, especially those located in far regions and districts in rural areas have
little or no input into national laws and policies that may greatly affect them.
It goes without saying that in Tanzania there is a clear mandate, including periodicity and
means of dissemination that facilitates making compliance reports and general
information accessible to the public. Though there is a mandate which provides for access
to information, the framework which is in place today is not efficient enough to enforce
compliance. Some industrial facilities report information on compliance, with little on air
emissions and discharges to water, and produce PRTR or equivalent reports. It was
observed that information on compliance from big producing industrial facilities was not
submitted to NEMC and whenever compliance reports were present one could hardly get
them. Relevant information on the SOE could not be available because the Division of
the environment does not prepare or publish reports concerning the state of the
environment in Tanzania.
From the findings, the team noted that while the laws in Tanzania guarantee the right to
access environmental information, the right is not absolute as there are various claw back
and derogation clauses which prevent the right from being fully realized. Besides, much
information is withheld because it is allegedly in the state or public interest.
5.1. RECOMMENDATIONS
5.1.1. Legislation on information

The government should enact laws that guarantee sound and clear procedures for
enforcing the right to information whenever it is breached or refused under the
umbrella of public interest or national security. For instance, there should be ‘The
Right to Information Act’, which will establish the regulatory, and enforcement
44
machinery for the said right. The law also should be restrictive for the government
not to abuse the right to information. The ‘principle of maximum disclosure’ should
be a guiding principle and should be adhered to by the government and various
institutions.

In enacting laws, the government should keep the people's needs in mind. However,
this can only be achieved through a consultative process prior the enactment of the
laws. This consultative process involves the collection of opinions from the people
and considering the obtained opinions during drafting the pieces of legislation. In
addition, the government should have a full and effective information management
system.

The government should implement policies that will allow the public to have
sufficient environmental information if there is an emergency. Specifically, the
policy should touch ‘environmental emergence situation report’. The policies should
be explicitly enough to allow the government and other responsible organs and
institutions to make public the occurring hazardous substances and develop
emergence preventions and response plans.

Existing laws, like the Newspaper Act, 1976, that limit access to information should
be amended.

There should be an awareness raising campaign to ensure that the public knows their
rights to access environmental information; mere enshrinement in the Constitution is
not enough to make the right meaningful. There should be sensitization and the
government should produce a citizen’s guide to access to information

The government should join a global coalition that works to increase public access to
decisions affecting the environment by making specific commitments to implement
the access rights or join Partnership for Principle 10 (PP10)
5.1.2. Public Participation

This study found that even experienced government agencies, like the Forestry and
Beekeeping Division have weak documentation of public consultations. In some
cases the public consultation was well done, but the information provided during
45
the assessment was incomplete, and did not detail how the processes were
conducted or the insights that were gleaned from the process. Without
documentation of the consultative process or an alternative means of obtaining the
information, it is difficult to determine whether the affected individuals had
meaningful participation and consultation. The public consultation process and its
outcomes must be properly documented carefully.

This study found that even experienced government agencies, like the Forestry and
Beekeeping Division have weak documentation of public consultations. In some
cases, the public consultation was well done, but the information provided during
the assessment was incomplete, and did not detail how the processes were
conducted or the insights that were gleaned from the process. Without
documentation of the consultative process or an alternative means of obtaining the
information, it is difficult to determine whether the affected individuals had
meaningful participation and consultation. The public consultation process and its
outcomes must be properly documented.

Each project should develop a Participation Action Plan that details who will be
involved at each stage of the project. The Action plan is a road map for the
implementation of the activities addressing an identified priority issue. A well
prepared action plan outlines specific goal and objectives to be achieved, related
activities to be taken, time frames, resource requirements, stakeholders and their
responsibilities at different levels and evaluation details

The Government should provide information in a way that encourages people to
contribute their views and opinions. Additionally, it is very important not to create
the expectation that just because people are consulted their demands will be met.
Information/dissemination should itself be considered one of the building blocks
of the participatory process.

Participation should mean more than simply obtaining input from participants. The
assessment done by this study indicates that in Tanzania there are various levels or
degrees of participation ranging from simple consultation to joint decision making
to self-management by stakeholders themselves. It is recommended that the degree
46
of participation should be increased in all policy, strategy, programmes, and
projects processes. Participation of the most excluded groups in society, such as
women, indigenous groups, or disabled people, sheds light on the quality of
participatory process. Ideally, this means putting the beneficiaries at the centre of a
process that they will drive and continuously adjust, according to their own
learning processes and needs.

The Government should provide information in a way that encourages people to
contribute their views and opinions. Additionally, it is very important not to create
the expectation that just because people are consulted their demand will be met.
Information/dissemination should itself be considered one of the building blocks
of the participatory process.
5.1.3. Government capacity

There should be a clear and strategic policy for capacity building on
environmental issues to support the laws that are passed. The strategy that will
indicate (in the National Environmental Policy) how information and data on
environment would reach people at different levels so that they can take measures
on their own. Policy that will consider how NGOs would be mainstreamed in the
government programs in order to have uniformity and wider awareness of
environment management.

Information which is intended to build the capacity of people should be
disseminated as widely as possible. Each department that the team assessed has
brochures and a newsletter, yet most offices were found in Dar, where only 30%
of the people live. A clear dissemination strategy should be adopted for
environmental related policies.

The media is the most reliable channel of communicating information in
Tanzania, particularly environmental information. If other channels are used to
communicate information there is a likelihood that a great number of people will
not get the information communicated.
47
APPENDICES
APPENDIX 1: ACCESS TO INFORMATION
Form IA: Information about Environmental Emergencies
Before assessing the indicators for Subcategory B (Information/Emergencies), please
record the following information for each of the emergencies you have chosen. Duplicate
or add forms if you assess more than two case studies.
Type of emergency:
How typical a case is this for your
country?
How often do similar emergencies
occur?
Is it comparable to other recent
emergencies in terms of size,
scale, type, performance by
responding agency, and impact?
Duration of event (give starting
and ending date, to best of
knowledge):
Location of emergency
City:
Province/Region:
Country:
Other features of area:
Description of event (a paragraph
explaining the course of the
emergency):
Impact of emergency
Human impact (# of deaths,
injuries, illnesses, evacuation,
etc.):
Biodiversity impact (damage to or
Emergency 1:
Large-Scale, National
Improper management of pesticides
(dumping in residential areas) at
Vikuge state farm
Emergency 2:
Small-Scale
Poisoning accident at
Arusha cutting flower
farm
1986 to date
11th March 2004
Coastal region-Tanzania
Arusha –Tanzania
Flower farm
Government of Tanzania received a
‘donation’ of pesticides in different
forms such as liquid, powder, pellets
and sprays from Government of
Greece. It has been noticed that since
government of Tanzania did totally
not expect such amount of pesticides,
no preparation was made to receive
consignment and decided to stock
them at Vikuge hay farm. Pesticides
therefore were exposed to direct to
sunlight, rain, and other climatic
variations. Pesticides has numerous
effects both to human health and
environment as well
On 11th March 2004, a
pesticide poisoning
accident happened in one
of the flower FarmsArusha cutting LtdTanzania. Is the serious
accident in which 15
workers (Pickers
harvesters) affected by
chemicals knows as
(Methomex 90 SP) which
was used in the green
house. They developed
symptoms such as Nausea,
headache, Sough,
Dizziness and vomiting
Human impact: 15
workers collapsed and
felled sick.
Adverse health effects such as eyes
infections, persistent skin disease,
respiratory track infections and body
swelling
48
death of local species):
Environmental impact (water or
air pollution, soil contamination,
destruction or damage of forest or
other ecosystem, etc.):
Responsible party:
Responding agency:
Level of government responding:
Ministry of Agriculture
Vikuge Community
Is very low
Responsible Party: Arusha
Cuttings Ltd
Responding agency:
Tanzania Plantation and
Agricultural Workers
Union, Tanzania
Level Government
responding: was very low
Form IB – State of the Environment Reports
Before assessing the indicators for Subcategory D (Information/SOE), please provide the
following information about your case selections. Duplicate or add forms if you assess
more than two case reports.
Report (or series) 1
Report (or series) 2
Name/title of report:
State of the Coast Report 2001:
the National ICM Strategy and
Prospects for Poverty Reduction
State of the Coast Report 2003:
the National ICM Strategy and
Prospects for Poverty Reduction
Publishing authority, body, or
agency:
Tanzania Coastal Management
Partnership
Tanzania Coastal Management
Partnership
Jurisdiction/geographic coverage
of report (national, state/province,
regional):
Dates of publication and time
periods covered by the reports:
Tanzania coastal and Marine
environment
Tanzania coastal and Marine
environment
October 2001
August 2003
Number of volumes (if a series)
and length of report:
Volume 1
50 Pp
Volume 1
62Pp
Means of accessing report
(online, library, by request from
government, etc.):
Library, request form TCMP
Library, request form TCMP
Main contents of report (consult
table of contents for major sectors
and trends represented):
Coastal environment (coral reefs,
mangrove ecosystems, marine
fisheries, other marine living
resources, water quality, coastal
erosion); Marine protected areas
and conservation efforts, coastal
people(demographics, economic
status, infrastructure, health,
education, gender equality,
governance and community
organization)
Coastal ecosystem and
environment (coral reefs,
mangrove ecosystems, marine
fisheries, water quality, shoreline
change, shoreline coastal
ecosystems and environment in
the ICM strategy); Marine
protected areas and conservation
efforts; Marine life as a
resource(Marine mammals, Sea
turtles, Plankton, seagrass and
Marine life in the ICM strategy);
49
Coastal people( Coastal
Population growth, Access to
social services, Gender equity and
Coastal management, coastal
people in the ICM strategy);
Emerging economic
opportunities( Seaweed farming,
Coastal tourism and Economic
opportunities in the ICM strategy)
Is this SOE report representative
of SOE reports published in your
country (if others are published)?
N/A
N/A
N/A
N/A
Why or why not (length,
publishing authority, depth,
format, etc.)?
Other notes:
Appendix 2: Participation
Form IIA: Participation in Decisions on National or Sub-national Policies,
Strategies, Plans, Programs and Legislation
Before assessing the indicators for Subcategory B (participation/Policy), please record
the following information about the decision-making processes you have selected as case
studies.
Sectors Selected
Forestry
Agriculture
Marine Parks
Rationale for choosing
sectors (percentage of GDP,
percentage of labour force,
regional impact etc)
Tanzania has about
33.5 million hectares
of forests and
woodlands. The
forests offer habitat
for wildlife,
beekeeping, unique
natural ecosystems
and genetic
resources. It was
estimated in 1998,
that the sector’s
contribution to the
Gross Domestic
Product was 3.3%.
The sector employs
about 3% of paid
labour and even a
bigger proportion of
people in the
informal forestry
Agricultural
Tanzania coastal
Tanzania has about Tanzania has about
Sector is the
strip has historically 33.5 million
33.5 million
leading sector of been a centre of
hectares of forests hectares of forests
the economy of wealth creation,
and woodlands. The and woodlands. The
Tanzania and
through trade,
forests offer habitat forests offer habitat
accounts for over extraction of natural for wildlife,
for wildlife,
half of the GDP resources, and most beekeeping, unique beekeeping, unique
and export
recently from
natural ecosystems natural ecosystems
earnings. Over tourism and
and genetic
and genetic
80% of the poor mariculture. The
resources. It was
resources. It was
are in rural areas areas are also rich in estimated in 1998, estimated in 1998,
and their
biological diversity, that the sector’s
that the sector’s
livelihood
harbouring a wealth contribution to the contribution to the
depends on
of species of fishes, Gross Domestic
Gross Domestic
agriculture.
marine
Product was 3.3%. Product was 3.3%.
It is also the
invertebrates,
The sector employs The sector employs
major source of marine mammals, about 3% of paid about 3% of paid
food supply and reptiles, birds and labour and even a labour and even a
raw material for plant life. Mafia
bigger proportion of bigger proportion of
the industrial
Island is the first
people in the
people in the
sector.
marine park in
informal forestry informal forestry
50
Forestry
Forestry
Case Studies
related sector
activities.
Case 1
Case
(Policy
(strategy)
Name/title of policy,
strategy, plan, program, or
legislation
National Forest
Policy
Decision-making
Authority/Developer
(government or private
agency leading project)
Ministry of Natural
Resource and
Tourism, Forestry
and Beekeeping
Division
Dates (give planning stages,
start, and completion, as
applicable)
The
Tanzania
Forestry Action Plan
(TFAP)
was
completed
and
adopted
by
the
Government in 1989
as a basis for the
development of the
forest
sector.
Between 1992 and
1994 the TFAP was
revised,
including
the assessment of
policy related issues,
as a result of the
macro and socioeconomic
policy
reforms
implemented in the
country.
Location
City:
Dar es Salaam City
Province/Region
Scale (national, sub-national
– state, regional, local)
Dar es Salaam
Region
National
Tanzania to be
gazetted.
2 Case 3 (Plan)
related sector
activities.
Case 4 (Program)
related sector
activities.
Case 5 (Legislation)
Agricultural
Sector
Development
Strategy (ASDS)
Ministry of
Agriculture and
Food Security
Mafia Island Marine National Forest
The National
Park
Programme in
Forestry Act No 14
General
Tanzania
of 2002
Management Plan
Ministry of Natural Ministry of Natural Ministry of Natural
Resource and
Resource and
Resource and
Tourism, Board of Tourism, Forestry Tourism, Forestry
Trustees, Marine
and Beekeeping
and Beekeeping
Parks and Reserves, Division
Division
Tanzania.
Marine Parks and
Reserves Unit
The process of Early draft 1992, The
NFP Formulation (2001 preparing ASDS Implementation
formulation process April 2002);
began in the year plan endorsed by planned for one National Forestry
1998. Between Advisory
year (Jan. 2000 – Act Implementation
1998 and 2000, Committee
of Jan.
2001
was
the Government MIMP on May followed
by
a
conducted
2000, approved by bridging
phase
various studies as Board of Trustees (March to Dec.
well
as for MPR in June 2001)
NFP
participatory and 2000; and adopted Implementation
intensive
by the Minister of Phase 2002.
consultation with NRT Sept. 2000
stakeholders at
all levels.
Dar es Salaam
City
Dar es Salaam
Region
National
Mafia Island
Dar es Salaam City
Mafia District,
Coast Region
Dar es Salaam
Region
Dar
Regional
National
National
Dar es Salaam City
es
Region
Form IIB. Participation in Decisions on National or Sub-national Policies,
51
Salaam
Strategies, Plans, Programs or Legislation
Before assessing the indicators for Subcategory C (participation/Project), please record
the following information about the decision-making processes you have selected as case
studies.
Sectors Selected
Rationale for choosing sectors
(percentage of GDP,
percentage of labour force,
regional impact etc)
Case Studies
Name/title of project,
concession, permit, etc
Decision-making
Authority/Developer
(government or private
agency leading project)
Dates (give planning stages,
start, and completion, as
applicable)
Location
City:
Province/Region:
Scale (national, sub-national –
state, regional, local)
Economic sector
Lake Victoria is the second largest fresh water in the world. It is an
international water body that is of great economic value for
riparian countries Kenya Tanzania and Uganda. The gross
economic product of the lake catchment is in the order of US$3-4
billion annually, and supports an estimated population of 25
million people at incomes in the range of US$90-270 per capita
p.a. The lake catchment thus provides for the livelihood of about
one third of the combined populations of the three countries, and
about the same proportion of the combined gross domestic product.
Case 1
Lake Victoria Environmental Management Project
The Lower Kihansi Enviro
was approved in July 2001
the Kihansi Gorge ecosyst
the project support the dev
legal and institutional fram
resources management.
Vice President Office,
LVEMP Regional/National Secretariat
Vice President Office, Na
Council
Formulation of the Programme started in 1992, a tripartite
Agreement signed in August 1994 and was completed in
December 1995. Project document was published in 1996 and
commenced in March 1997. It was a five-year project (1997-2002)
The Tanzania Power VI p
producing power in Decem
approved a US$6.3 millio
for the Lower Kihansi Env
ensure the long-term cons
and upstream catchment a
Mwanza, Musoma, and Kagera
Mwanza, Mara, and Kagera
The Lake Victoria Environmental Management Programme is a
joint initiative of the three East African countries Kenya, Uganda,
and Tanzania.
Environment Management
The Lower Kihansi Gorge
Case 2
The Lower Kihansi Enviro
Regional
Environment Managemen
Annexture IIA: Summary of Communication and Awareness Creation Activities for
the forest Sector.
Case
National
Forestry policy
formulation
(1986 under
TFAP – March
1998
Purpose of communication activity
Platform for various stakeholders to

contribute in designing the policies.
Sharing information and experience;
feedback and/or stakeholders input.

Endorsement of proposed action
Target audience
Decision makers at National 
level and local authorities and
Technicians
Stakeholders and General
public
52
Tools used for communication
Cross Sectoral Workshops
Workshop for verification of issues
and action by stakeholder
 Draft endorsement
Policies
implementation


National Forest

Programme
formulation
(Jan.2000 –
March 2001)



Decision makers at National 
level and local authorities e.g.
Member of Parliament,

Technical staff
Action Plans for Implementation of
the Policies
Distribution of Policy Document
Politicians (DC), DED,
Technicians, NGOs, projects,
Institutions, District
department.
Stakeholders and General 
public

Publicizing the Policies



Platform for various stakeholders to
contribute in designing the
programmes.
Sharing information and experience;
feedback and/or stakeholders input
Publicizing the programme
Workshop/seminars
Media participation
Newspapers articles
8 Zonal Awareness Raising
Workshops,
Distribution at different fora of
Swahili and English Version,
3 abridged versions (NGO, Private
Sector, Communities),
Misitu ni Uhai Radio Program,
Through communication activities on
PFM, Forest Act, CBFM Guidelines,
NFP etc
Stakeholder – Foresters

(District, Catchment,
NGO/Project) Staff from
related sectors (agriculture,
community development,
Planning)
Stakeholders and General 
Public



Stakeholders and General 
Public


Ministers/Permanent

Secretaries, Directors
Six Zonal Orientation Workshops.
2. Four Local Cons….
Six workshops for decision makers at
for local authorities
3 issues of NFP Newsletter;
2 issues of handout;
Several newspaper articles;
Website
Address list of FBD;
Workshops;
Personal contact;
2 workshops for decision makers for
National level

Dissemination of documents/print 
materials
NFP/NBP 
bridging phase
(June 2001 –
Dec. 2001)

Disseminate and publicize to

stakeholders for action at national
level.
Disseminate NFP information and 
promote start up of district NFP
planning and implementation
DCs, DED, Councilors and 
Technical Staff

Introduction of NFP to development

partners
Development partners

Annual consultation meetings

Publicity/promotion of NFP
documents
Stakeholders and General
public



32 Radio programmes
8 TV programmes
Management of Internet and NFP
web page

53
National Forest
Programme
Implementation
Phase
Forestry Act 
Formulation
(2001 - April 
2002)
Forestry Act 
Implementation
Distribution of NFP documents
DC, DED, NGOs, Projects,
Institutions, District
departments,
Platform for various stakeholders to
contribute in designing the act.
Sharing information and experience;
feedback and/or stakeholders input
Publicity of the Act
NFP awareness workshops

Consultative workshops

Distribution at government bookshop
(AG Chambers),
Through communication activities on
PFM, CBFM Guidelines, NFP etc,

Source: FBD 2003
54
Annexture IIB: Participatory Process for the Preparation of the Agricultural Sector
Development Strategy
CHAPTER 0:
The Preparatory Phase
A long participatory consultative process amongst a wide range of stakeholders in the
sector began in 1995 with the preparation of the Agricultural and Livestock Policy and
the Co-operative Development Policy, and their finalization in 1997. The Government,
between 1998 and 2000 conducted various studies and participatory consultations at
grassroots level, which were also made in connection with specific projects such as the
Agricultural Sector Management Project and the National Agricultural Extension Project.
Concurrent with the preparation of the ASDS, the President of the United Republic of
Tanzania appointed a Task Force on Cooperatives in April 2000. After wide consultations
with stakeholders in the cooperative movement, the Task Force made specific
recommendations for strengthening the cooperative movement in the country.
Strategy development also benefited from the following reports that were prepared by
MWLD on the basis of special consultations with stakeholders in the livestock sub-sector
undertaken in the first quarter of 2001: Tanzania Agriculture: Performance and
Strategies for Sustainable Growth, of February 2000, that was jointly prepared by MAC
and the WB. URT (1999) Report of the Special Advisory Committee on Agricultural
Development in Tanzania, Issues and Recommendations. World Bank 2000) Agriculture
in Tanzania since 1986: Follower or Leader of Growth. World Bank/IFPRI.
CHAPTER 1:
Stakeholders’ Workshops
Two rounds of stakeholder workshops were held in Bagamoyo. The first from May 29 to
June1 2000 and the second on September 11 and 12 2000. In the first workshop a total of
50 stakeholders participated in the preparation of the strategy document, while during the
second workshop, 59 participants reviewed the strategy. The stakeholders were drawn
from different Government Ministries, public agencies, educational institutions, donor
agencies and international organizations. After the workshop, a team of consultants went
through all the workshop reports, the available Ministry documents and other sources of
55
information, which were helpful in formulating the draft strategy document.
Further Consultations with Grassroots Stakeholders
The draft ASDS was submitted in September 2000. To enrich the ASDS document,
further consultations with grassroots stakeholders in the rural areas were done through
four zonal workshops:








Mwanza Centre (27-29 March 2001) 53 participants from Kagera, Mara,
Shinyanga and Mwanza regions. Kigoma region did not send participants.
Njombe Centre (27-29 March 2001) 55 participants from Iringa, Mbeya,
Morogoro, Rukwa and Ruvuma regions.
Bagamoyo Centre (3-5 April 2001) 50 participants from Dar es Salaam,
Mtwara, Pwani, Tanga regions; Lindi region did not send participants.
Dodoma Centre (3-5 April 2001) 37 participants from Arusha, Dodoma,
Kilimanjaro, Singida, Tabora.
40 percent of the workshop participants were women and 53 per cent were farmers and
farmer representatives.
Final Consultations with National Stakeholders
Final stakeholder’s workshop was held on 7 and 8 June 2001 to review the revised ASDS
document. This was followed by a process of fine tuning and finalizing this document,
which was presented to a workshop of Inter-ministerial and development partner
representatives on 27September 2001.
Annexture IIC: Kihansi villagers complain of being sidelined in a project
2003-12-13 09:43:02
By Lwaga Mwambande, Bagamoyo
Villagers around Kihansi Hydro Power Station in Iringa Region have complained of
being left out in the implementation of the Lower Kihansi Environmental Management
Project (LKEMP). Speaking on behalf of leaders of four villages of Ukami, Uhafiwa,
Mugugwe and Udagaji, the Ukami Village Chairman, Ledson Kihwelo, criticised the
56
project for involving them only during the preparation stages, but sidelining them during
its implementation. He was speaking at a two-day National Workshop on Preparation of
Updated Environmental Management Plan of the LKEMP, opened by the Deputy
Minister for Energy and Minerals, Dr Ibrahim Msabaha, at Livingstone Hotel, here on
Thursday. Kihwelo wondered that when employment opportunities occurred at the
project- say for watchmen and drivers - the villages, despite having many qualified
members of the militia and drivers, were being bypassed in favour of people from other
places.
“People do not understand us when we talk about conservation of the spray toads when
the four guards at the site have been recruited from afar,” he said, adding, “and they are
being picked to and from the work site by motor vehicles when there are qualified people
within the vicinity.” He insisted that since the commencement of the project two years
ago, nobody has been employed from his village, save for casual labours that last for a
day or two. Kihwelo told the meeting organised by the National Environment
Management Council (NEMC), the implementers of the project that, “the people have
directed us that we should go back home with what has transpired here and whether their
complaints have been taken into account.” However, Kihwelo showered praise on the
Tanzania Electric Supply Company (TANESCO) that owns the Lower Kihansi Hydro
Power Station for involving them 100 per cent in all their projects, saying they had no
reservations at all.
Other village leaders also invited by LKEMP to the workshop that concurred with the
Ukami leader are the Chairman of Mugugwe village, Augustine Madenge, Uhafiwa
Chairman, Edward Lubida, and the Executive Officer of Udagaji Village, Norbert
Mpangile. Responding to the villagers’ concerns, the LKEMP National Project
Coordinator, Dr Wilfred Sarunday, admitted that the project had shortcomings in terms of
social and economic mitigation measures. He said whereas the previous projects under
TANESCO and NORPLAN had components for mitigation measures like public health
mitigation and conservation of village areas (catchments management), the one-year
57
Immediate Rescue and Emergency Measures Project (IREMP) for rescuing the spray
toads, which led to the long-term LKEMP, did not have funds for the social component.
Dr Sarunday also said LKEMP co-opted the workforce left by the IREMP. However, he
said the project is up for review next April when social and economic issues and poverty
eradication would be included. The NEMC Director General, Dr Magnus Ngoile, told the
village leaders that effective next year a project for conservation of the whole of the
Udzungwa area aimed at increasing the water for power generation would take off and
that they would be fully involved.
Earlier, welcoming the deputy minister, Dr Ngoile said they had invited the
representatives of villagers from in and around Kihansi area, though very late, in order to
enrich their discussions because they live in the area. Minister Msabaha said the villagers
should have been involved in all the processes of the project. “Next time make sure that
villagers living around any project under implementation are involved from the word go,”
he directed. “One important lesson from other countries is that without having effective
conservation instruments and efficient institutional…it is indeed difficult to achieve
sustainable resource management objectives. He said because Tanzania is a mega biodiversity country, the Kihansi experience can provide powerful insights on how similar
water resource development projects can be dealt with in the future and therefore serve as
a model for hydropower development initiatives in the country.
SOURCE: Guardian
Appendix 3: Capacity Building
Annexture IIIA: Capacity (Building) Summary Chart for NEMC
Departmental Answer/ Response
Question
Environmental
Impact
Assessment
To some extent
Are you harnessing new
technologies/methodologies in your
department?
Has your budgetary allocation been
Decreasing
increasing/ decreasing in real terms in
supporting capacity building?
58
Information,
Communication
And Outreach
To a large extent
Environmental
Planning and
Research
To some extent
Environmental
Compliance and
Enforcement
To some extent
Inadequate
allocation
Decreasing
Decreasing
Do you have any human capacity to
Not at all
provide effective and efficient services
in terms of number and skill types?
Is the work force in your department Fairly Trained
well trained?
To some extent
Well trained but Fairly Trained
understaffed
Well trained but
understaffed
Do you have any appropriate
equipment and resources?
Yes but
inadequate
No
No
Yes
Yes
Yes
Yes
Yes
Yes
No
Is there an imbalance in your ability to Yes
supply the services and the demand of
them?
Is there an imbalance in the allocation Yes
of your resources between services and
between types of expenditure, e.g. on
salaries and operating costs?
To some extent
Not at all
Source: Final Report of Public Expenditure Review of Environment for the year 2004.
Annexture IIIB: Capacity Building – Wildlife (Environment) Division
S/N
1.
2.
3.
Question
Does the government (through the
wildlife division) have any
administrative program to build its own
capacity – to provide information,
utilize public participation and
institutional support to the public? For
instance in training its staff to increase
their abilities?
Do you have any person or office who
or which is specifically responsible for
making sure that people/public get
their right to know laws, participation
regulations in all matters about wildlife
and environment generally? How does
(s)he or it operate?
How do you increase the capacity of
understanding of people in protected
areas?
Response/ Answer
 Yes, the division has a training programme for the last 5 – 10
years aimed at building capacity of her staff in order to
increase their abilities.
 Capacity building through trainings started long time a go,
however, more emphasis has been seen since 1999 when the
Research, Statistics and Training Section was established for
that purpose.
 The program targets operational, technical and professional
workers.
 That, there are three academic Institutions for that purpose.
 That the Wildlife Division Staff have capacitated through
short and long term courses covering various fields including
wildlife and environmental managements, biodiversity
conservation, wetlands, land use planning, ecosystems,
project formulation and management.
 There is Publicity and Extension Subsection under assistant
director of wildlife. There are officers for communication,
Education and Awareness programs.
 The subsection has radio and TV programs, which ensure a
wide spectrum of people/public is reached.
 Through strengthening the publicity unit, section, community
based unit and environmental clubs and committees.
 Local people are involved in the process of gazetting
protected areas, where they have to agree to set out land for
conservation.
Source: Primary Data
59
BIBLIOGRAPHY
BOOKS
Forestry and Beekeeping Division, “National Forest Programme final document”,
Ministry of Natural Resource and Tourism, Dar es Salaam, 2001.
Forestry and Beekeeping Division, The Tanzania Forestry Action Plan, 1989.
Forestry and Beekeeping Division, “Handout: Forest/Beekeeping Policy Areas: Major
findings of Status Reports and Summary of Principle issues Raised at Orientation
Workshops”, Forestry and Beekeeping Division, Dar es Salaam, January 2001.
Forestry and Beekeeping Division, “National Forest Programme Bridging Phase Action
Plan”, Ministry of Natural Resource and Tourism, Dar es Salaam, 2001.
Lake Victoria Environmental Management Project, “Proceedings of the Lake Victoria
Environmental Management Project Tanzania, 2001 Scientific Conference”, Dar
es Salaam, Tanzania, 2001.
Marine Parks and Reserves Unit, “Guidelines for Investment and Environmental Impact
Assessment in Tanzania Marine Parks and Reserves”, Ministry of Natural
Resource and Tourism, Dar es Salaam, 1998.
National Environmental Management Council, “The National Environmental Impact
Assessment Procedure and Guidelines (Draft)”, 1997.
National Environmental Management Council, “National Conservation Strategy for
Sustainable Development”, 1995.
Tanzania Marine parks and Reserves, “Mafia and Kilwa; Mafia Island Marine Park”,
African Publishing Group, Zimbabwe, 2002.
The Marine Parks and Reserves Unit, “General Management Plan: Mafia Island Marine
Park”, Ministry of Natural Resource and Tourism, Dar es Salaam, 2000.
60
The United Republic of Tanzania, The Lake Victoria Environmental Management
Project, 2005.
The United Republic of Tanzania, Public Expenditure Review of Environment, Financial
Year 2004, Vice President Office, 2004.
The United Republic of Tanzania, The National Environmental Action Plan, 1994.
The United Republic of Tanzania, “Agriculture Sector Development Strategy (2002 –
2007)”, Ministry of Agriculture and Food Security, 2002.
The United Republic of Tanzania, “The Lower Kihansi Environmental Management
Project”, October 2003.
The United Republic of Tanzania, The Lower Kihansi Environmental Management
Project: Communication Strategy and Implementation Programme (Draft
Report), Vice President’s Office, 2004.
Maina, Chris P., Human Rights in Africa: Selected Cases and Materials, Rudiger Koppe
Verlag, Köln, 1997.
Reed, D. and Rosa, Economic Reforms: Globalization, Poverty and the Environment,
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UNPUBLISHED MATERIAL
Afrika Mashariki Gold Mining Limited, Supplementary Environmental Management
Plan (Nyabirama), August 2002.
AGENDA for Environment and Responsible Development, Vikuge Preliminary Site
Report, Coast Region, Tanzania, 2004
Barrick Gold, Environment, Health, Safety and Social Responsibility Report, 2003.
Environmental Association of Tanzania, Final Report on Environmental Survey of
Shely’s Pharmaceutical Company Limited, National Environmental Management
Council, December 1994.
61
Masanja, E. and Katima, J.H., Environmental Impact Audit for ASBESCO, National
Environmental Management Council, February, 1995.
Masanja, E. and Katima, J.H., Environmental Impact Audit for Afro-Tanneries, National
Environmental Management Council, February, 1995.
Ubwani, Z., Tanzania Probes Pesticide Poisoning on Flower Farms, July 2004
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http://easd.org.za
www.barrick.com/5_Corporate_Responsibility/en/Barrick_EHS_2003_E.pdf
www.tanzania.go.tz/environment.htm
www.tanzania.go.tz/government/vpoffice.htm
www.newctz.org
www.nationaudio.com/News/East
www.lvemp.org
www.arc.un.edu
STATUTES
The Constitution of United Republic of Tanzania, 1977 (as amended).
The Forest Act, No. 14 of 2002.
The Newspapers Act, 1976.
The Newspapers Regulations of 1977, G.N.No. 166 of 1997.
The National Forest Policy of 1998.
The National Security Act, 1970.
The Environmental Management Act, No. 20 of 2004.
62
The Marine Parks and Reserve Act, No.29 of 1994.
The National Environmental Policy of 1997.
The Non-Governmental Organization Act, 2002.
The Industrial and Consumer of Chemicals (Management and Control) Act, No. 3 of
2003.
The Income Tax Act, 2004.
The Marine Parks and Reserves (Declaration) Regulations of 1999, G.N. No.84 of 1999.
Interpretation of Laws and General Clauses Act, 1972/1996
Societies Incorporation Ordinance, Cap. 18
CASES
Adam Mwaibabile v. Republic, High Court of Tanzania at Songea, Criminal Appeal,
No.13 of 1997 (Unreported).
Festo Balegele & Others v. The City Council of Dar es Salaam, High Court of Tanzania
at Dar es Salaam, Miscellaneous Civil Cause No.90 of 1991 (Unreported).
Joseph Kessy & Others v. The City Council of Dar es Salaam, High Court of Tanzania at
Dar es Salaam, Civil Case No.299 of 1988 (Unreported).
Rev. Christopher Mtikila v. Attorney General, High Court of Tanzania at Dodoma, Civil
Case, No. 5 of 1995 (Unreported).
OTHER SOURCES OF INFORMATION
The “Kakakuona Magazines” of the Ministry of Natural Resources.
Newsletters of the National Environmental Management Council.
TCMP (Dec 2000) Pwani Yetu, No. 010
63