View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Online Research @ Cardiff Cardiff University Cardiff Law School Natural Resources Management in the Lake Victoria Region of East Africa: A Study in Multi-Level Government Juma Nyende 2011 Acknowledgements Foremost, my great thanks to whoever made a contribution towards enabling me come up with this work. I now turn to the hardest thing of singling out a few, but cognisant of the fact that it is not strange to at times forget some major contributors. I start with my family, which has not only contributed in various physical ways, but also had to always endure my absence and sometimes diverted attention, as I pursued my studies. I, in that regard, particularly extend my gratitude to my wife and children and also the parents, brothers and sisters. For similar reasons, I also extent my thanks to the colleagues at work and, generally, the friends, most of whom have always supported my ambition. I, equally appreciate the support and company of my fellow students and staff at Cardiff post graduate school. On the part of my employers, my appreciation to the local governments I served while on this study; the ministry of local government; the public service commission; and, generally, the government of the Republic of Uganda. Last but not least, my appreciation to the Centre for Business Relationships, Accountability, Sustainability and Society (BRASS), for the financial support, mentoring and learning experience. Relatedly, I thank the schools of law, business and city and regional plan, some of whose staff we closely and variously collaborated. Lastly, great thanks to my supervisors, Robin, who I started with and Bob, who later took me over when the former left for another university. Since I find no appropriate words to express my gratitude for the assistance and support accorded, allow me say, may you be abundantly rewarded in return. I dedicate this work to our son Anwar Muziransa, who passed away while I was just one year into this programme. May the almighty God rest his soul in eternal peace. ABSTRACT This thesis explores the strengthening of multi-level government in the management of the Lake Victoria region’s environment and natural resources. It observes that the historic problem of state-centralism continues to significantly contribute to environme ntal degradation in the Lake region, which has of late escalated to a level that requires urgent attention, if the already devastating consequences are to be mitigated and avoided in the future. It is particularly observed that while the issues of insufficient local participation and regional coordination standout prominently among the major underlying causes for resource degradation in the Region, the concept of multi-level government has not been given the attention that it deserves. Owing to its local importance and trans-boundary status, the Lake region requires concerted management involving the local, national and regional levels. Unfortunately, the synergy among those levels of government is still weak despite the tremendous opportunities offered by several recent developments, including a significant review of local government and various environmental laws. Also, despite its potential and achievements so far, the recently revived East African Community (EAC), whose mandate includes natural resources management, is yet to position itself as an effective supra-national institution. Much as the current legal and institutional frameworks tend to suggest an increasing level of engagement with other levels of government, this development tends to be drawn back by several inhibitions, both in design and at a practical level. The thesis concludes that unless, the institutional structures for natural resources management are reviewed and strengthened in a manner that logically distributes powers and functions at the local, national and regional levels, the other positive measures so far in place are likely not to achieve their desired outcomes. i List of Abbreviations AEC African Economic Community AU African Union BMU Beach management Unit CAACs Catchment Area Advisory Committees CAEA Court of Appeal for East Africa CAO Chief Administrative Officer CBD Convention on Biological Diversity CBNRM Community Based Natural Resource Management CBO Community Based Organisation CDF Constituency Development Fund CFA Community Forest Associations CFRs Central Forests Reserves CIFA Committee for Inland Fisheries of Africa CITES Convention on International Trade in Endangered Species of Wild Fauna and Flora CLA Central Legislative Assembly CMA Common Monetary Area CoM Council of Ministers COMESA Common Market for East and Central Africa COP Conference of the Parties DDT Dichlorodiphenyltrichloroethane DECs District Environment Committees DEOs District Environment Officers DFRD District Focus for Rural Development DFRD District Focus for Rural Development EAA East African Authority EAAFRC East Africa Agriculture and Fisheries Research Council EAC East African Community EACJ East African Court of Justice EACSA East African Common Services Authority EACSO East African Common Services Organization EAFRO East Africa Fisheries Organisation EAHC East African High Commission EALA East African Legislative Assembly ECCAS Economic Community of Central African States ECOVIC East African Communities Organization for Management of Lake Victoria’s Resources ECOWAS Economic Cooperation for West African States EGZ Economic Growth Zone EIA Environmental Impact Assessment i EMA Environment Management Act 2004 EMCA Environment Management and Coordination Act 1999 EMCs Environment Management Committees EMO Environment Management Officer ENRM Environment and Natural Resources Management ERSWEC The Economic Recovery Strategy for Wealth and Employment Creation FAO Food and Agriculture Organisation FCA Forest Conservancy Areas FCCs Forest Conservation Committees FDS Fiscal Decentralisation Strategy FMA Forest Management Area GDP Gross Domestic Product GLK German Land Kommission GN General Notice HIPC Heavily Indebted Poor Country HIV/AIDS Human immunodeficiency virus/Acquired Immunodeficiency syndrome HLGs Higher Local Governments IBAs Important Bird Areas IFAD International Fund for Agricultural Development IFIs International Financial Institutions IGAD Inter-Governmental Agency on Development IGAD Intergovernmental Authority on Development IMF International Monetary Fund ISI Import Substitution Industrialisation IUCN International Union for Conservation of Nature IULA International Union of Local Authorities KANU Kenya African National Union KFS Kenya Forestry Services LAPEDA Lagos Action Plan for the Economic Development of Africa LATF Local Authority Transfer Fund LECs Local Environmental Committees LEGCO Legislative Council LFC Local Forestry Committee LFRs Local Forests Reserves LGA Local Governments Act 1997 LGRP Local Government Reform Programme LGRP Local Government Review Programme LGWC UWA Local Government Wildlife Committees LLGs Lower Local Governments LN Legal Notice LPIANF Lead Partners Interagency Network Forum LVB Lake Victoria Basin ii LVBC Lake Victoria Basin Commission LVBC Lake Victoria Basin Commission LVDP Lake Victoria Protocol (LVP) Lake Victoria Development Project LVEMP Lake Victoria Environmental Management Programme LVEMP Lake Victoria Environmental Management Project LVFB Lake Victoria Fisheries Board LVFO Lake Victoria Fisheries Organisation LVFRP Lake Victoria Fisheries Research Project LVFS Lake Victoria Fisheries Services LVRLAC Lake Victoria Region Local Authorities Cooperation MEAs Multi-national Environmental Agreements MLG Multi-level Government NAFTA North American Free Trade Agreement NBI Nile Basin Initiative NCAA Ngorongoro Conservation Area Authority NEA National Environment Act, 1995 NEMA National Environment Management Authority NES National Environment Secretariat NFA National Forestry Authority NFA Uganda’s National Forestry Authority NFSPSS National Fisheries Sector Policy and Strategy Statement NGO Non-Governmental Organisation NSGRP National Strategy for Growth and Reduction of Poverty OAU Organisation of African Unity P/DDAC Provincial and District Development Advisory Committees PEAP Poverty Eradication Action Plan PEOs Principle Executive Officers PMC Permanent Mandate Commission PRSP Poverty Reduction Strategy Papers PTA Preferential Treatment Area PTC Permanent Tripartite Commission PTC Permanent Tripartite Commission RDF Rural Development Fund REC(s) Regional Economic Cooperation(s) SACU Southern African Customs Union SADC South Africa Development Cooperation SADC Southern Africa Development Community SAPs Structural Adjustment Programmes SIDA Swedish International Development Programme SPWFE Society for the Preservation of the Wild Fauna of the Empire TANU Tanzania African National Union TNRM Traditional Natural Resource Management iii UCSD Uganda Coalition for Sustainable Development UDEAC Union Douanière et Économique de l'Afrique Centrale UDEAO Union Douaniere des Etats de l'Afrique et l'Ouest UNDP United Nations Development Programme UNEP United Nations Environment Programme UNFCCC United Nations Framework Convention on Climate Change UNHABITAT United Nations Human Settlements Programme UPC Uganda People’s Congress ViCRES Lake Victoria Research Initiative WCMS Wildlife Conservation and Management Service WMAs Water Management Areas WPA Wildlife Protection Areas WRM Water Resource Management WWII World War II iv Laws and other Legal Instruments Cited Colonial