UNEPIUNDP/DUTCH Joint Project on Environmental Law UNEP and Institutions in Africa THE EAST AFRICAN SUB-REGIONAL PROJECT DEVELOPMENT AND HARMONISATION OF ENVIRONMENTAL LAWS VOLUME 4 DECEMBER 1999 ,44 UNEP/UNDP/DUTCH Joint Project on Environmental Law and Institutions in Africa UNEP UWD TILE EAST AFRICAN SUB-REGIONAL PROJECT DEVELOPMENT AND HARMONISATION OF ENVIRONMENTAL LAWS VOLUME 4 REPORT ON THE DEVELOPMENT AND HARMONISATION OF LAWS ON HAZARDOUS AND NON-HAZARDOUS WASTES 7$ ? 4 + December 1999 ISBN: 92-807-1887-8 PREFACE Environmental law is an essential tool for the governance East African countries are focused on issues which are and management of the environment and natural resources. essentially of sub-regional character. The management of the It is the foundation of national and regional policies and Joint Project is based at UNEP within its environmental law actions to ensure that the use of natural resources is done activities and is directed by a Task Manager, who works under equitably and sustainably. guidance of a Steering Committee. Members of the Steering Committee are UNEP, UNDP, FAO, The World Bank, IUCN In the East African sub-regional countries of Kenya, Tanzania Environmental Law Centre and The Dutch Government. and Uganda have, since 1995, been developing and harmoning various environmental laws in selected sectors THE PROCESS FOR DEVELOPMENT AND within their region. The process of developing and HARMONiZATION OF THE LAWS harmonizing environmental laws is intended to lead to the enactment or amendment of the internal legislative, regulatory Representatives of the three governments met in February and administrative framework of each country. Such change 1995 to work out general principles and modalities for their has been harmonized at a sub-regional level where the three cooperation. countries have agreed on legal principles, definitions and substantive legal provisions to govern a segment or matter of A second meeting was held in May, 1995, to discuss the the environment or natural resource sector general terrain of topics amenable to development and harmonization of laws. The final decision on six priority topics The volumes produced by the UNEP/UNDP,oint Project on was taken at their third meeting in February 1996. Environmental Law and Institutions in Africa, East African Sub-regional Project, are intended to build capacity in Kenya, The six topics wihich were selected for the Project's activities are: Tanzania and Uganda in environmental law. The East African Sub-Regional Project is a component of the tJNEP/UNDP Joint (I) l)cvclopment and harmonization of ELk Regulations; Project on Environmental Law and Institutions in Africa Development and harmonization of laws relating to funded by the Dutch Government. The underlying transboundary movement of hazardous wastes; presupposition is that the three countries share similar Development and harmonization of the methodologies historical and legal heritage and that the physical and for the development of environmental standards; historical situation in East Africa offered an opportunity to Development and harmonization of forestry laws; initiate and encourage dealing with environmental issues Development and harmonization of wildlife laws; and according to problem-sheds. The historical facts are that (a) Recommendation for legal and institutional framework there is a history of regional cooperation among the countries for the protection of the environment of Lake Victoria. from colonial times; and (b) there is shared legal tradition The seventh topic, development and harmonization of which derives from common law origins. These two historical laws relating to toxic and hazardous chemicals was taken facts were relied upon to support development and up in 1998 when the work on the first six was virtually harmonization of legislation on selected themes in the complete. The three countries considered this as one commonly shared environment, of the critical issues in environmental protection in the sub-region. The UNEP/UNDP Joint Project on Environmental Law and Institutions in Africa is funded by The Royal Dutch For each of the topics, the governments jointly worked out Government, as a pilot project, to work with selected countries generic terms of reference. However, each national team towards development of environmental law and institutions subsequently worked out country-specific terms of reference in Africa. The purpose is to enhance the capacity of the to reflect national legal and institutional situations, existing countries to develop and enforce laws relating to environment initiatives on the same task as well as existing priorities, The and natural resources. Phase I of the Project which respective national consultants were also selected by the commenced at the end of 1994, and is scheduled to end in National Coordinating Committees (NCC), working in December, 1999, involves seven countries, namely: Burkina consultation with an officer at the UNDP country office. Faso, Malawi, Mozambique, Sao Tome and Principe, Kenya, Tanzania and Uganda. While activities in the first four countries The national consultants have now completed their work. In focus on entirely national activities, the work in the three each case, the reports have enjoyed reviews by the national In panels constituted under the aegis of the respective NCCs. by the three governments on 22 October 1998 covering all Draft reports, as they evolved, were circulated to the the themes of the project and also covering other aspects consultants in the three countries. In many cases, the which had not been envisaged in the project. One of the main consultants were able to take the reports of their counterparts features of the Memorandum of Understanding is a into account in finalizing their reports. Therefore, very high commitment to develop a protocol on environment degree of harmonization of reports had been achieved before management under the auspices of the proposed East African the consultants could meet together. Treaty. At the end, a workshop to finally harmonize the reports was The governments of Kenya, Tanzania and Uganda are expected held in 1998 in Kisumu, Kenya and was attended by the to take up the recommendations and the Memorandum of consultants for each topic for substantive discussions of their Understanding and implement the recommendations. In fact, reports and to agree on recommendations to their the Permanent Secretaries specifically requested UNEP and governments. The objectives of the workshop were to; (a) its cooperating agencies in the Joint Project to assist in the ensure that recommendations for policies and law for the development of the Memorandum of Understanding. respective topics as far as possible, are in harmony; (b) promote the development of legal and institutional Meanwhile, the Joint Project has undertaken to produce the machineries which are comparable in all the three East reports on the seven topics as stand-alone publications and African countries in the absence of an over-arching as bases for national legislation, In addition, a report on the sub-regional framework; (c) harmonize the normative review of national projects related to environmental Jaw and prescriptions and institutional machineries and therefore institutions has been prepared as part of the publications. create an opportunity for harmonized enforcement The national reports were prepared by the National procedures; and (d) create an opportunity for dealing with Coordinators in the three countries. This report is intended the respective environmental problems according to the to assist in avoiding duplication of efforts and create a problem-sheds, which are essentially sub-regional. The coherent synergy in reviewing and developing environmental workshop was facilitated by Professor David Freestone, Legal laws. Advisor, International and Environmental Law Unit of The World Bank and Mr. Jonathan Lindsay, a Legal Officer in This Volume comprises three reports prepared by the national Development Law Service at the United Nations Food and consultants, harmonized at the joint workshop and finally Agricultural Organization. accepted by the Permanent Secretaries. Its theme is the development and harmonisation of laws related to the Thereafter, a meeting for Permanent Secretaries responsible management of hazardous and non-hazardous wastes in the for environment from the three countries was held and East African sub-region. The report identifies priority areas irctided by the national coordinators. The Permanent requiring harmonisation of management of hazardous and scrctaries as accounting officers and policy leaders in their non-hazardous wastes and proposes that regulations be made ministries were fully briefed on the aspirations and activities under framework legislation. Uganda has already made the of the project; how the project had devetoped and the process regulations into law. of harmonization. They assumed ownership of the outcome of the reports. They also resolved that the stage was well-set Address any enquiries about these reports to: for development of a sub-regional binding instrument on environmental management. Their debate recognized that a Task Manager legally binding instrument in the form of a protocol within UNEP/UNDP/Dutch Joint Project the framework of the Treaty of East African Cooperation would Technical Cooperation Unit take time to evolve and could involve a broad cross-section Division of Policy Implementation of ministries. For these reasons, they resolved that