Legal Protection of the Environment from Negative Impacts of Extractive Operations in Tanzania

by | Sep 26, 2019 | ANUL, ANUL 2017 I1

Legal Protection of the Environment from Negative Impacts of Extractive Operations in Tanzania

Authors Elifuraha Laltaika

ISSN: 2521-2613
Affiliations: Law Lecturer and Director of Research and Publications at Tumaini University Makumira (Arusha, Tanzania)
Source: Africa Nazarene University Law Journal, 2017, Issue 1, p. 38 – 57

Abstract

This article provides analysis of the extent to which the legal, policy and institutional framework of Tanzania protects the environment against the negative impacts of extractive operations financed by foreign direct investment. Environmental impact assessment, policy coherence, institutional co-ordination, enforcement of decisions, access to information, recourse mechanism and stakeholder representation are used as guiding tools for analysis, where applicable or appropriate. Extractive operations cannot be conducted without causing some degree of environmental destruction. This article promotes the view that policy and legislative measures cannot be sole antidotes for the environmental and social challenges being faced in the extractive sector. Robust legal and policy frameworks, combined with good governance adherence, including human rights observance, can be catalytic in attaining sustainable economic growth.

Political Economy of Exploitation of Mineral Resources in Post-Colonial Tanzania Mainland (1961-2009): Pertinent Lessons

by | Sep 26, 2019 | ANUL, ANUL 2017 I1

Political Economy of Exploitation of Mineral Resources in Post-Colonial Tanzania Mainland (1961-2009): Pertinent Lessons

Authors Adelardus Kilangi

ISSN: 2521-2613
Affiliations: Director for the Centre for Mineral and Petroleum Law of St Augustine University of Tanzania
Source: Africa Nazarene University Law Journal, 2017, Issue 1, p. 1 – 37

Abstract

This paper addresses the challenges that the mining sector in Tanzania Mainland has faced in the post-colonial period. Generally, the sector has been confronted by dissatisfaction and unhappiness amongst the people of Tanzania regarding the way in which the country’s mineral resources have been and continue to be exploited. The primary contention is that benefits from the mining sector are not visible and that the sector appears to be more beneficial for foreign investors than for local ones. Bearing this in mind and using a political economy approach, this article raises important questions regarding where the management of the mineral sector went wrong in the post-colonial period, ascertaining pertinent lessons that Tanzania has learnt. The findings and conclusion of this article assert that the country erred when it abandoned certain fundamental principles of state policy which govern the exploitation of natural resources. This indicates that in the post-colonial period, Tanzania lacked a clear vision regarding its mineral resources. The country also embraced incorrect insights regarding investment decisions which affected the nature and availability of capital for exploitation of mineral resources.