5.3 Weak Formulation and Implementation of Bylaws: Review of the Decentralization Process and it's Impact on Environmental and Natural Resources Management in Tanzania

Lawyers' Environmental Action Team (LEAT)
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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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5.3 Weak Formulation and Implementation of Bylaws

The formulation and implementation of by-laws have been plagued with a number of problems. First, the bylaws' formulation process is slow and inefficient. The long and circuitous route for bylaws to be passed and enacted into law by the minister does not allow for effective rule-making. Environmental problems that need immediate remedies and protection typically fail. For instance, Endagwe village near Lake Babati decided to draft a bye-laws to protect a certain forest in the village. When a non-member of the village burned and cleared part of the area, the village sued him in district court. However, the bylaw had not been approved by the Prime Minister's office. Consequently, the case was dismissed and the village was ordered to restore the land to the defendant who continued to degrade the land with impunity.[ Green:1995:29]

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