PART I: CONCEPTUAL FRAMEWORK AND RATIONALE FOR DECENTRALIZATION

1.1 Conceptual Framework

Scholars have conceptualized decentralization but the leading paradigm in the decentralization discourse looks at the concept within an administrative and political context. Although perceptions of decentralization vary, it is commonly viewed as the transfer of legal and political authority from the central government and its agencies to the field organizations and institutions. Therefore, this transfer should include the authority to plan, make decisions and manage public affairs by agencies other than the central government [Ng'ethe (1998:5)].

This review analyzes the process, institutional and legal framework within which the environmental and natural resources management operates in Tanzania. It specifically focuses on the decentralization within central and local governments' role in environmental management. The focus of the study is to examine how the interface between the centre and local loci of power have affected pieces of legislation relating to management of the environment by central and local governments in Tanzania.

The rationale for the quest of a decentralized environmental management framework in Tanzania, revolves around the view that failure of the state in the management of the environment is attributed to the concentration of decision making powers and ownership of natural resources by the central government. The failures of the top-down approach to environmental management can no longer, alone fulfill the ideal management of the environment.

For the purposes of this study, "decentralization" refers to how the state structure allows sharing of power between the centre and the sub-national units of the state and other organizations within society. Broadly defined , decentralization constitutes de-concentration, delegation, devolution and privatization. [Makara]

De-concentration is the shifting of the management workload from centrally located officials to offices outside the national capital or headquarters. In this case, final authority is retained in the centre. Delegation on the other hand, refers to the transfer of power and responsibility of specifically defined functions to organizations that are outside regular bureaucratic structures and are indirectly controlled by the central government. Ultimate responsibility therefore, remains with the government authority.

Devolution is the process where the central government consciously creates or strengthens the structures of the sub-national units of government, thereby, lessening the direct control of the central government. Local units of government make autonomous and independent decisions that are separate from the central government. Privatization is not an independent method of decentralization but implies divestiture while decentralization entails some form of government involvement; however thinly. [Makara]

It is widely admitted that decentralized structures facilitate genuine democratic participation, empower grassroots and channel their input constructively into national development efforts [Mukandala: 1995]. The World Bank Report (1989:81) recognized the importance of decentralization in Sub-Saharan Africa and categorized the objectives of a decentralization programme as:

• Maintenance of law and order at the local level;
• To foster democratic, popular and participating government; and
• To promote rapid social and economic development.

This report assesses whether the current decentralization processes in Tanzania will ensure better management of the environment and natural resources, which the majority of Tanzanians are dependent upon for their livelihood.