ENVIRONMENTAL IMPACT ASSESSMENT OF FOREIGN INVESTMENT PROJECTS

A Study in the Law, Policy and Governmental Decision-making in Tanzania

bulletIntroduction
bulletList of Statutes, Cases and Acronyms
bulletPart I. EIA in Tanzania's Environmental Law and Policy
bulletExpansive Policy Rhetoric
bullet...and Legislative Foot-dragging
bulletThe Section Proposes...
bulletEIA Regime under the Mining Act, 1998
bullet...and the Proviso Disposes
bulletNEMC's EIA Guidelines and Procedures
bulletPublic Participation under the Guidelines and Procedures
bulletAccess to Information
bulletPart II. Power Politics and EIA in Practice
bulletCase Study 1: Lessons from Rufiji Delta
bulletThe Rufiji Delta Prawn Farming Project
bulletControversy Over EIA
you are hereContradictory Advice
bulletArms for What?
bulletThe Cabinet Decision
bulletGovernment Intransigence
bulletThe Government and the Investor
bulletPicking Winners...and Counting Losers
bulletCase Study 2: EIA in National Parks
bulletConclusions
bulletRecommendations
bulletBibliography

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Contradictory Advice

The Vice President's Office, to which the report of the NEMC review team was submitted and whose Cabinet paper formed the basis of the Government's decision, gave an almost verbatim endorsement of the findings of the review team and the NEMC. The VPO agreed, for instance, that implementation of the Project would destroy the Rufiji Delta ecosystem and lead to land tenure conflicts. It also noted that there were no financial commitments for mitigation measures and local community benefits promised by AFC. In addition it doubted the claims that the implementation of the Project would benefit the nation and the Delta communities. Having examined - with commendable thoroughness - the issues raised by the NEMC review, the Minister of State in the Vice President's Office who presented the Cabinet paper for discussion, concluded:

"On the basis of the above analysis, it is obvious that the implementation of this project would destroy the Rufiji Delta and Bwejuu Island ecosystem and lead to land tenure and land use conflicts as well as affecting tourist attractions. Furthermore, the project has not shown the budget commitments for the various mitigation measures it has proposed and how it will contribute to the development of the local people, district and the nation at large. Due to these inadequacies this project is not implementable." (free translation from the Swahili original; emphasis supplied)

Despite this damning indictment of the project - and in apparent defiance of his own conclusion that the project was "not implementable" - the Minister went on to recommend approval of the project, subject to a series of conditions aimed at ensuring implementation without negative environmental, social and economic consequences [ibid., para. 13]. He concluded by urging the Cabinet to "advise the President to accept the recommendations" set out in paragraphs 12 and 13 of his report [ibid., para. 14].

Others in the government also supported the project, despite endorsing the NEMC's findings. In its report to the Cabinet, for example, the Ministry of Natural Resources and Tourism adopted all the findings of the review team [MNRT, passim.] Nonetheless, the Minister, Zakia B. Meghji, advised the President to approve the project for implementation subject to the following conditions:

  • "The project be implemented at Site No. 6 which is equivalent to 65 per cent of the proposed area. Site no. 6 has an area of some 6,000 hectares.
  • "The project should not be implemented at Sites nos. 1 to 5.
  • "The implementation of the project in Site no. 6 should involve the investor and experts in mangrove conservation, land tenure and land use planning, fisheries, environment and sociology in order to prepare a proper management plan for the project in order to minimise negative environmental impacts and prevent the destruction of the breeding grounds for prawns and other fish species.
  • "The hatchery for post larvae shrimp should be situated outside the Mafia Island Marine Park.
  • "Prawn culture should be semi-intensive in order to minimise environmental pollution, and modern prawn culture technologies should be put in use.
  • "Legal and policy issues as set out in the Forests Ordinance cap. 389 of 1957, the Land Ordinance cap 113 and the National Land Policy should be taken into consideration.
  • "There should be a clear programme to compensate the local people for loss of their property in land and resources.
  • "The Government should set aside alternative areas to resettle the local people who would be affected by the implementation of the project and assist them to settle in the new settlements."
  • "There should be put in place a strategy to monitor, supervise and review the project and the costs for this should be included in the project costs." [ibid., paras.7 and 8].