Granting Hunting Blocks in Tanzania:

The Need for Reform

September 1999
by Rugemeleza Nshala

INTRODUCTION

Tanzania is a country with a wealth of wildlife resources. Its national parks - Serengeti, Ngorongoro Crater, and Lake Manyara, Mikumi, and Ruaha - to name a few, are world famous. In addition, there are numerous game reserves and game-controlled areas including Selous, Maswa, and Ugalla. In the Arusha Manifesto of 1961, Tanzania's first President, Julius Nyerere, pledged to preserve this precious resource, not only for the benefit of the country's "children's grandchildren" but also for the rest of the world (1968). It is no wonder then that 25 per cent of its landmass comprises national parks, game conservation areas, or game reserves (Jones: 2).

Unlike Kenya, which has banned hunting since 1975, Tanzania has sought to exploit these resources by pursuing a policy of consumptive utilization, whereby traditional and tourist hunting are encouraged. With such resources at its disposal, the country has the potential both to finance wildlife conservation efforts through this strategy and to earn foreign exchange that could play a vital role in improving the lives of its citizens, particularly in the rural areas where the major game reserves are located. However, as this paper will examine, the regulatory framework which governs the key area of tourist hunting has severe shortcomings which have prevented the country from reaping the potential benefits this strategy offers.

This paper begins with a review of the Wildlife Conservation Act of 1974, the main law governing wildlife utilization in Tanzania. The review shows that the current system of allocation of blocks for tourist hunting is based primarily on criteria set by the Director of Wildlife. This paper argues that these criteria are ultra vires the Wildlife Conservation Act, 1974, as there is no provision in the law vesting the Director with this authority. From a legal standpoint the minister responsible for wildlife management is the only person with the authority to make regulations concerning wildlife utilization. The paper goes on to analyze the current hunting allocation system and finds it to be inimical to sound wildlife management, mainly because there are not sufficient checks and balances on the Director of Wildlife and the Minister-the main implementers of the legislation. This absence of checks and balances has resulted in nepotism, abuse of authority and serious allegations of corruption. Finally, we outline options for the reform of the system by which hunting blocks are allocated.

ABOUT THE AUTHOR

Rugemeleza Nshala is a Co-founder and Chairman of LEAT since 1994. He holds LL.B and LL.M degrees from the University of Dar es Salaam, Tanzania and Harvard Law School in the U.S. respectively. Mr. Nshala has researched and written widely on human rights, wildlife and environmental protection issues. He is a member of the Tanzanian bar.

LAWYERS' ENVIRONMENTAL ACTION TEAM

The Lawyers' Environmental Action Team is the first public interest environmental law organization in Tanzania. It was established in 1994 and formally registered in 1995 under the Societies Ordinance. Its mission is to ensure sound natural resource management and environmental protection in Tanzania. It is also involved in issues related to the establishment of an enabling policy environment for civil society, including civil liberties and human rights. LEAT carries out policy research, advocacy, and selected public interest litigation. Its membership largely includes lawyers concerned with environmental management and democratic governance in Tanzania.