THE CONSTITUTION AND NATIONAL LEGISLATION

In Tanzania, the right to give and receive information is enshrined in the Constitution of the United Republic of Tanzania (GOT, 1977). This constitutional right is given in its broadest sense to include rights to give and receive information on environment and natural resource management. Articles 18 and 27 are the most relevant constitutional provisions.

• Article 18(1) of the constitution stipulates that "subject to the laws of the land, every person is entitled to freedom of opinion and expression; that is to say, the right to freely hold and express opinions and seek, receive, and impart information and ideas through any media and regardless of frontiers…Freedom from interference with correspondence [is also guaranteed]."
• Article 18(2) states further that "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 27(1) highlights the importance of sustainable use of natural resources for the benefit of the citizens of Tanzania by providing "that every person is obliged to safeguard and protect the natural resources of the United Republic, state property and all property jointly owned by the people, as well as to respect another person's property."
• Article 27(2) provides further that "all persons shall be by law required to safeguard state and communal property, to combat all forms of misappropriation and wastage and to run the economy of the nation assiduously with the attitude of people who are masters of the fate of their own nation."

Article 18 of the constitution read together with Article 27 provide a clear constitutional basis for the right to obtain and share information on the environment and natural resource management.

The National Environmental Management Act of 1983 (GOT, 1983), which establishes the National Environmental Management Council (NEMC), also states that the Council must stimulate public and private participation in natural resource management programs and promote general environmental education programs to create enlightened public opinion regarding the environment.

Although not explicit on the matter, the Tanzanian National Environmental Policy (NEP) of 1997 (GOT, 1997) requires public participation in decision-making and provides another basis for public access to environmental information. It further calls for the sustainable management of environmental resources and emphasizes the need to con-tinuously anticipate emerging challenges -- both of which depend on the availability of timely and accurate information.