5.4 Poor Enforcement of Environmental Laws: 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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5.4 Poor Enforcement of Environmental Laws

This problem is mainly attributed to inadequate judicial mechanisms. While local government can bring court cases under legislation pertaining to the environment, often, such cases are delayed for years, and no specially trained judiciary exists to hear environmental cases. Furthermore, no formal mechanism exists to hear such cases.

The capability of the law enforcers, especially in the rural areas is inadequate and lacks efficient monitoring capacity. This is partly due to the lack of modern working equipment and legal materials including legislation on environmental management.

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