3.3 National Environmental Policy: Review of the Decentralization Process and it's Impact on Environmental and Natural Resources Management in Tanzania

Lawyers' Environmental Action Team (LEAT)
leat@mediapost.co.tz

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REVIEW OF THE DECENTRALIZATION PROCESS AND IT'S IMPACT ON ENVIRONMENTAL AND NATURAL RESOURCES MANAGEMENT IN TANZANIA

Introduction

Abbreviations

Legislation

PART I: Conceptual Framework and Rationale for Decentralization

	1.1 Conceptual Framework
	1.2 Background to the Environmental Problems Facing in Tanzania
	1.3 Major Environmental Problems in Tanzania

PART II: Tanzania's Experience with Decentralization: a Chronology of Events

	2.1 Introduction
	2.2 Decentralization Process (1972-1982)
	2.3 Decentralization Process (1983-1998)
	2.4 Local Government Reforms and Environmental Management

PART III: The Policy Reforms and Environmental Management in Tanzania

	3.1 Introduction
	3.2 National Forestry Policy
	3.3 National Environmental Policy
	3.5 National Land Policy

PART IV: Environmental Legislation Management by Local Government Authorities in Tanzania

	4.1 Introduction
	4.2 An Overview of Local Government Authorities
	4.3 District Local Government Authorities
	4.4 Urban Local Government Authorities

PART V: Factors Hindering Effective Management of the Environment by Local Governement Authorities

	5.1 Introduction
	5.2 Lack of Property Rights Over Natural Resources
	5.3 Weak Formulation and Implementation of Bylaws
	5.4 Poor Enforcement of Environmental Laws
	5.5 Weak Penalties and Incentives

PART VI: Practical Implications to Decentralize Environmental Management Structures

	6.1 Existing Interfaces and Linkages between Local Government Structures
	6.2 Capacity of Local Governments In Environmental Management

PART VII: Conclusions and Recommendations

	7.1 Conclusions
	7.2 Recommendations

References

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3.3 National Environmental Policy

The National Environment Policy (NEP) recognises the indispensable role of local governments in achieving its policy objectives. This is because most local authorities are better placed to receive local concerns and implement ways to create sustainable conditions. Local governments also construct, operate and maintain economic, social and environmental infrastructure, and establish local environmental policies and regulations. The NEP recognizes that local governments are better able to educate, mobilize and respond to the local community, also, enhance and implement environmental objectives.

The cabinet constitutes the apex coordination and policy committee at the national level, where all ministries present major environmental concerns. Environmental management in Tanzania is under the Vice President's Office (VP) which implements the policy through relevant Ministries and specialized committees. However, the policy has concentrated most of the powers and functions into VP office through the Division of Environment. Mandates flow from the VP office to the local governments but this is not clearly expressed in the NEP. As stated earlier, "the VP's office is expected to assist Ministries, public bodies and private persons engaged in activities which are likely to have a significant impact on the environment. But the coordinating role of the VP's is not clearly evident at the local level." (LEAT, 1998).

The NEP advocates for the formation of environmental committees to coordinate natural resources management at the regional, district, ward and village levels. As indicated in paragraph 104 of the NEP, environmental committees "shall be responsible for coordination and advising on obstacles to the implementation of environmental policy and programmes, promoting environmental awareness; information generation, assembly and dissemination (sic) on the environment relating to district, ward or village."¹

These provisions will await the enactment of the framework law on environment so as to give normative effect to the policy statements.

Section 104 of the National Environmental Policy, 1997

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