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

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Mangroves for Nature, Humans and Development TANZANIA – Legal Matrix on Mangroves' Conservation and Use Mangroves for Nature, Humans and Development TANZANIA – 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 Kilwa Kisiwani and Songo Mnara including mangroves in the country? (Cultural), The Stone Town of Zanzibar (Cultural), Kilimanjaro National Park (Natural), Selous Game Reserve (Natural), Serengeti National park (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'
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