Mangroves for Nature, Humans and Development – Legal Matrix on Mangroves' Conservation and Use

International obligations Ramsar Yes, entered into force on the 13th August 2000 World Heritage Convention Yes Convention on Biological Yes, ratified in 1996 Biodiversity UNCLOS Yes, ratified in 1985 Is the State a party to any of these UNFCCC/ Paris Agreement Yes, endorsed in 2015 conventions? Convention for the Protection, Management and Development of Regional Agreements the Marine and Coastal Environment of the Eastern African Region (the Nairobi Convention) Yes, Ratified in 1979 Others: CITES

Yes. Tanzania has four Ramsar Sites: Kilombero Vallet Floodplain, Lake Natron Basin, Malagarasi- Are there Ramsar sites including Muyovozi Wetland and Rufiji-Mafia-Kilwa Marine Ramsar Site. The Ramsar Site which includes mangroves in the country? mangroves is the Rufiji-Mafia Kilwa Marine Ramsar Site.

Yes. Tanzania has 7 World Heritage Sites in Tanzania. This list is composed of 3 cultural sites, 3 natural sites Are there World Heritage Sites and 1 mixed site: Kondoa Rock Art Site (Cultural), The Ruins of and including mangroves in the country? (Cultural), The of (Cultural), Kilimanjaro National Park (Natural), (Natural), (Natural) and The Ngorongoro Conservation Area (Mixed). The Ruins of Kilwa Kisiwani and Ruins of Songo Mnara site hosts the Selous Game Reserve, where

Mangroves for Nature, Humans and Development, TANZANIA – Legal Matrix on Mangroves' Conservation and Use, IUCN Environmental Law Centre, July 2019 1 mangrove forests are found.

Do the Nationally Determined Yes. The Tanzania Intended Nationally Determined Contributions has reference on Mangrove & shoreline Contributions of the country relate to restoration programme under the Coastal, Marine Environment and Fisheries Sector. mangroves? How is carbon accounting conducted? At a national level, The National Carbon Monitoring Center (NCMC) is the competent authority. Constitution and governance Yes. Articles 14 (Right to life) , 27(1) Duty to safeguard public property Is there any constitutional provision relevant to mangroves? Article 9 (c ) “activities are conducted in such a way that the national wealth and heritage are harnessed, preserved, and applied toward the common good”

Yes. The Environmental Management Act, 2004 provides for Access to justice, which gives individuals, the public and interest groups of persons the opportunity to protect their rights to participation and to contest decisions that do not take their interest into account (Section 7(g)). Section 178(2)) states that the public shall have the right to participate in decisions concerning the design of environmental policies, strategies, plans and programmes and to participate in the preparation of laws and Are access to information, access to regulations relating to the environment. justice and public participation recognized by the law? The Forest Policy and Forest Act has introduced a forest management strategy famously known as Participatory Forest Management (PFM) to achieve sustainable forest management by promoting community management (CBFM) or co-management (JFM) of forest and woodland resources.

Section 3(b) of the Forest Act, 2002 encourages and facilitates the active participation of the citizen in the sustainable planning, management, use and conservation of forest resources through the development of individual and community rights, whether derived from customary law or under this

Mangroves for Nature, Humans and Development, TANZANIA – Legal Matrix on Mangroves' Conservation and Use, IUCN Environmental Law Centre, July 2019 2 Act, to use and manage forest resources. Under the Forest Act (2002), communities are allowed to sign Joint Management Agreement (JMAs) with government and other forest owners (commonly referred to as “Joint Forest Management” or JFM).

The Village Land Act, 1999, under Section 8, requires the village council in its management of the village land consider the following: (i) The need to consult and take account of the views and where it is provided, comply with any public officer or public authority with jurisdiction over any matter in the village land area. (ii) The need to consult with and take account of the views of other local authorities having jurisdiction in the village land area.

The Forest Policy adopts a participatory approach to forest management by involving all stakeholders (including local and indigenous peoples) in management systems, demarcation of forest reserves, devising of mechanisms to ensure equitable sharing of benefits, and lease of forest reserves to private investors. Policy Statement 3 provides for the participation of all stakeholders in forest management and conservation, joint management and agreements, with appropriate user rights and benefits will be established.

The National Environmental Policy, 1997 calls for the participation of all citizens at the relevant level in Environmental issues (Policy Statement 35). Also under Policy Statement 39, the Policy states that Local communities will be encouraged to participate in forestry activities. The National Environmental Policy also outlines the importance of public participation in decision making. The policy states that one of the “fundamental prerequisites for the achievement of sustainable development is broad public participation in decision making, including the participation of individuals, groups and organizations in environmental impact assessment issues and in decisions, particularly those which potentially affect the communities in which they live and work.”

The village assembly is the most important avenue for community participation in making decisions about the village as provides for by the Tanzania Local Government (District Authorities) Act, 1982. All important decisions have to be deliberated by all eligible community members (18 years and above) at a village assembly.

Mangroves for Nature, Humans and Development, TANZANIA – Legal Matrix on Mangroves' Conservation and Use, IUCN Environmental Law Centre, July 2019 3 The Land Policy, 1995 calls for Community involvement in resource management, land use planning and conflict resolution will be necessary (Paragraph 7.2.1 (ii)).

Concerning access to information, the Article 18 of Constitution of the United Republic of Tanzania (1977) provides that every citizen has a right to be kept informed of developments in the country and in the world, which are of concern to the life of the people and their work and of question or concern to the community.

The Environmental Management Act, 2004 has a provision which provides for freedom of access of every citizen of Tanzania to publicly held information relating to the implementation of the Act and to the state of the environment and actual, and future threats to the environment, (Section 172).

The Tanzania Forest Fund, as established by the Forest Act, 2002, aims to promote awareness of the importance of the protection, development, and sustainable use of forest resources through public education and training. (Section 80).

The Marine Parks and Reserves Act, 1994 includes in its objectives: promotion of community oriented education and dissemination of information concerning conservation and sustainable use of marine parks or reserves.

 The Forest Policy, 1998  The Environmental Policy, 1997 What are the national policies /  The Land Policy, 1997 strategies related to mangroves or  The Climate Change Strategy coastal ecosystem?  National Biodiversity Strategy and Action Plan

Institutions and processes What are the institutions that have  The Vice President’s Office authority regarding mangroves?

Mangroves for Nature, Humans and Development, TANZANIA – Legal Matrix on Mangroves' Conservation and Use, IUCN Environmental Law Centre, July 2019 4  Forest and Beekeeping Division (FBD) of the Ministry of Natural Resources and Tourism  Tanzania Forest Service Agency (TFS)  District Councils  Village Councils  The Village Natural Resources Committees

The United Nations Environment Program (UNEP) through the Vice President’s Office supported an Are there mechanisms for cross initiative called entitled “Developing capacity to address adaptation to climate change in productive zones of Tanzania. This initiative which is part of a larger climate change adaptation program under agency coordination? implementation across three districts, namely Rufiji, Pangani and Bagamoyo.

Decision making process is as stipulated in various acts (Forest Act, Environmental Management Act, Local Government Act) which stipulate the involvement of all stakeholders including communities in decision making. At local level, decision making is done at the village assembly.

What is the decision making process Decision is also made at the Ministry of Natural Resources level which is the ministry responsible for for activities related to mangroves? natural resources including mangroves.

Decisions are also made at the Local Government Authority level on mangroves situated in their areas.

There is benefit sharing guidelines for forests under Joint Forest Management (JFM) arrangement. The Is there guidance for cost benefit guidelines were developed in 2015 and stipulate the cost benefit sharing arrangement. But the guide analysis? is yet to be implemented.

At what level are decisions made Decisions are made at all levels. (local, regional, national)?

Mangroves for Nature, Humans and Development, TANZANIA – Legal Matrix on Mangroves' Conservation and Use, IUCN Environmental Law Centre, July 2019 5 Monitoring of mangroves is done by Tanzania Forest Service through their daily activities. But due to What are the mechanisms for lack of fund and enough human resources, this has proved difficult. monitoring and review?

Permitting and planning regulations Yes. Environmental Impact Assessment (EIA) requirements for projects that may affect wetlands ecosystems, including mangroves, is compulsory in Tanzania. Any activity out of character with its surrounding or causing major changes in land use must be subject to EIA. This is provided for under Section 81(1) of the Environmental Management Act, 2004. Are there Environmental Impact Assessment requirements when it The Environmental Management Act, 2004, specifies a number of projects that require EIA, this comes to projects in mangrove areas? includes any forest related activity or any project in natural conservation areas (Third Schedule of the Act). Proponents are required to undertake EIA at their own costs. EIA study is to be done prior to commencement of the project (section 81). The Act requires the Minister to make regulations and guidelines on how EIA shall be conducted.

The requirements of conducting EIA is also specified in the Forest Act, 2002, under section 18. The requirement of obtaining a permit to conduct forest related activities or any other activities/project as specified by the Forest regulation is specified under the Forest Act, 2002. The Act Is it necessary to obtain a permit to specifically prohibits any activity within a forest reserve without one being granted a concession, or a conduct such projects and if yes what licence or a permit. (Section 26). Mangroves are categorised as sensitive areas by the Forest Act. is the process? The 2015 Guidelines on Forest product harvesting require specific permits for commercial uses.

Are there planning laws related to No. mangroves? There is a general Land Use Planning Act. During the planning process, communities with assistance

Mangroves for Nature, Humans and Development, TANZANIA – Legal Matrix on Mangroves' Conservation and Use, IUCN Environmental Law Centre, July 2019 6 from district officials then set aside areas for conservation. These can include mangrove areas. Mangrove legislation Yes. Is there a legislation specifically Harvesting of mangrove forests in Tanzania is guided by the Forest Act, 2002 as well as the 2015 addressing the use or the alteration of Guidelines on Forest product harvesting. mangroves?

Sectoral laws What provisions of the forest In the Forest Act, the definition section contains definition of the term sensitive areas to include legislation apply to mangroves? mangrove areas (section 4 (a)). In the Marine Parks Act, the definition of “aquatic flora” includes plants, seaweeds, waterweeds and What provisions of the marine or other aquatic vegetable kingdom and includes mangroves. With this definition, it is evident that coastal legislation apply to mangroves are given importance and protection. mangroves?

Preamble to the Ngorogoro Conservation Ordinance. It makes provision for the conservation and management of natural resources in the Ngorongoro Crater Highland areas.96 Since there exists What provisions of the protected wetlands in the Ngorongoro, then the call for the conservation of natural resources in this area, also areas legislation apply to mangroves? includes the wise use and management of wetlands/mangroves including.

Tanzania does not have a Wetland Legislation.

Under the Water Resources Management Act, 2009, water sources include wetlands What provisions of water and Section 4(1) of the Water Resources Management Act, 2009 protects, controls and conserves water wetlands legislation apply to sources including wetlands. mangroves? Under Section 7 of the Water Resources Management Act, 2009, every citizen has a duty to safeguard and protect water resources and provide information regarding any activity that threatens the quality of water resources Any development in a water resources area is subject to EIA (Section 9)

Mangroves for Nature, Humans and Development, TANZANIA – Legal Matrix on Mangroves' Conservation and Use, IUCN Environmental Law Centre, July 2019 7 Section 34 prohibits human activities beyond sixty meters from a water source. Water sources (including wetlands) are protected from pollution, erosion or other adverse effects under section 39. Section 64(4) imposes fine or imprisonment to those found liable for causing water pollution.

Industry laws What provisions of fisheries legislation The Fisheries Act, 2003, restricts the use of poison to kill or catch fish (section 40). apply to mangroves? The Fisheries Act, 2003 requires large scale aqua farmers to seek guidance and permission from the Director prior to engaging in aquaculture farming. (Section 28). The Director will advise on proper site What type of regulation applies to selection and sustainable aqua farming. This will help prevent conversion of mangroves to aqua farms. protect mangroves from aquaculture Section 18(1) (2) of the Forest Act, 2002 protects forest reserves (mangroves) from conversion to aqua conversion? farms. This provisions requires project developers to undertake EIA for projects exceeding five hectares.

Tanzania did not enact an agriculture law yet. However, the Forest Act, 2002 protects mangroves from What provisions of the agriculture agriculture development projects by requiring the undertaking of EIA in any land exceeding five legislation apply to mangroves? hectares. (section 18(2)

The Mining Act, 2010 requires a holder of a mining right not to exercise any of his rights under his What provisions of mining legislation licence or under this Act in respect of land in any forest reserve declared under the Forests Act, or in the Ngorongoro Conservation Area except with the written consent of the authority having control apply to mangroves? over the reserve or area; (Section 95)

Land tenure State owned (leases, What type of land tenure apply to Section 3 of the Forest Act, 2002 categorises mangroves as sensitive areas. . concessions…) mangroves? Privately owned (are

Mangroves for Nature, Humans and Development, TANZANIA – Legal Matrix on Mangroves' Conservation and Use, IUCN Environmental Law Centre, July 2019 8 there restrictions?)

Community management How does the system work? No Are there customary or community Recognized in statutory law No legal systems? Not recognized in statutory

law No. Mangroves are categorised as national reserves with strict protection. However local Communities can participate in co-managing the Legislation mangrove forests under Joint Forest Management (JFM) approach. Under this approach, the government enters into agreement with the Can communities hold rights to local communities to manage a particular mangrove forest and manage mangroves? ownership rights remains with the Government. Government enters into JFM Agreement with Local communities. Government Grants regulated access and use (farming only), rights to Agreement participating individuals. Under JFM, State retains the ownership rights but shares/devolves management rights to villages.

Economic regulations Are some investment law provisions No relevant to mangroves? Yes. Are there financial incentives that Mangrove degradation is caused by economic activities such as fisheries. These communities have few could apply to alternative options which would allow them to reduce fishing. Providing compensation to these conservation/restoration of fishing communities for reducing fishing effort within the mangrove areas can protect and restore mangroves? degraded mangroves. Payment for Environmental Services (PES) program will benefit fishers in the

Mangroves for Nature, Humans and Development, TANZANIA – Legal Matrix on Mangroves' Conservation and Use, IUCN Environmental Law Centre, July 2019 9 short and long-term (as productivity will increase) but also regenerate the mangrove forests.Reducing Emissions from Deforestation and Degradation (REDD+) is financial incentives-based climate change mitigation strategy. Mangroves are among the most carbon-rich ecosystems. Since mangroves are considered as forests in Tanzania, it paves the way for them to be eligible for inclusion in national strategies for REDD+ Industry codes of conducts Are there codes of conduct or other Yes, Code of Conduct for Responsible Fisheries (CCRF) of FAO. it focuses Government/NGOs codes of non-binding guidance instruments? on the needs for conservation, restoration and sustainable use of conducts ecosystems. Are there certification systems for sustainable products/practices (ex: No. shrimp)? Restoration provisions Is there any provision addressing the There is no provision of restoration of mangroves in any legislation. restoration of mangroves? What are the legal requirements for restoration projects? Dispute resolution Issues of land and forest conflicts/disputes and resolution mechanisms are stipulated in various pieces of legislation as follows; a) The Ward Tribunal Act, 1985 which encourages amicable resolution (mediation) of disputes What is the process in resolving including natural resource conflicts (involving land and forests) disputes related to mangroves? b) The Land Disputes Court Act, 2002 provides for a range of courts having jurisdiction to hear and determine land disputes, namely, the village land council, ward tribunal, district land and housing tribunal, High Court, and Court of Appeal of Tanzania (Section 3(2)).

Mangroves for Nature, Humans and Development, TANZANIA – Legal Matrix on Mangroves' Conservation and Use, IUCN Environmental Law Centre, July 2019 10 c) The Village Land Act, 1999 sets out the village land council as a body for settlement of land disputes through amicable resolution-mediation (Section 60).

d) The Land Act, 1999 Section 34(3) provides for removal or relocation of customary landowners in favor of granted right of occupancy.

The Land Disputes Court Act of 2002, the Land Act and the Village Land Act recognize the jurisdiction of informal elders’ councils, village councils, and ward-level tribunals. Village councils can establish an adjudication committee, with members elected by the village assembly. The primary mode of dispute resolution in these forums is negotiation and conciliation. Mangroves are categorised as National Forest Reserves and protected by the Forest Act, 2002. Any person without an existing right or permit or other lawful authority is guilty of an offence if he/she enters a forest reserve (mangrove forest) does anything prohibited such as cutting down any tree, enter, perambulate for purposes of tourism or camp within a forest reserve, take and remove any rock, stones, sand, shells or soil; cut, bum, uproot, damage or destroy any vegetation; clear, cultivate, or break up for cultivation or any other purpose, any land; hunt, fish, use or be in possession of any trap, snare, net, bow and arrow, gun, poison or explosive substance used or capable of being used for the purposes of hunting or fishing; construct any waterways (Section 26 of Forest Act). This prohibition is reiterated again in Section 84 of the Forest Act which also provides for penalty for such offences, which upon conviction, such person will be liable to a fine or imprisonment, or both fine and What are the sanctions? imprisonment.

Furthermore the Environmental Management Act, 2004 prohibits depositing of substances in wetlands which is likely to have adverse environmental effects on wetland or direct or block a wetland from its natural course (Section 55(2)).

Another restriction applies to fishing in mangrove swamps. The Fisheries Act, 2003, restricts the use of poison to kill or catch fish (section 40). Furthermore, section 99 of the same Act provides for the offences relating to any activity against this Act. For first time offenders, the fine is not less than two hundred thousand shillings or imprisonment for a term not less than 3 months. For second time

Mangroves for Nature, Humans and Development, TANZANIA – Legal Matrix on Mangroves' Conservation and Use, IUCN Environmental Law Centre, July 2019 11 offenders, the fine is not less than three hundred thousand shillings or imprisonment of a term not less than 6 months, or both fine and imprisonment.

The Wildlife Conservation Act, 2009 stipulates other prohibited activities in wetland reserves including grazing of any livestock (Section 18), hunting, killing, capturing any animal or fish (section 19), digging, laying or constructing any pitfall, net, trap, snare or conduct crop cultivation (section 20).

National Legislation Wildlife Conservation Act (No. 5 of 2009) Forest Act, 2002 (Act No. 7 of 2002) Constitution of the United Republic of Tanzania, 1977 (2005) Tanzania - Environmental Management Act, 2004 Land Act, 1999 (No. 4 of 1999) Land Use Planning Act, 2007 (Act No. 6 of 2007) Marine Parks and Reserves Act, 1994 (Act No. 29 of 1994)

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