Dissertations (Masters)

Permanent URI for this collectionhttp://192.168.30.20:4000/handle/123456789/237

Browse

Subject: search.filters.subject.Legal Regime

Search Results

Now showing 1 - 2 of 2
  • No Thumbnail Available
    Item
    The assessment of international conventions and municipal laws in relation to the protection of coastal environment: A case of Dar es Salaam Tanzania
    (Mzumbe University, 2013) Nsemwa, Christopher E
    This research deals with the assessment of international instruments and municipal laws present in Tanzania, to determine the extent of their contribution to protection of the coastal zone environment. The rationale behind this study came from the fact that the Constitution of United Republic of Tanzania 1977 (as amended) has not addressed enough the aspect of environment, likewise the Environment Management Act of 2004 has not addressed in precise terms the coastal zone management despite making it an offence for anyone to pollute environment. The study involved both, the library and field research. The researcher employed two techniques namely purposive and snowball sampling whereby the former type of sampling procedure enabled the researcher to get data from prominent respondents. While the later were applied to few selected experts as well as those with sufficient experience. The targeted population included 2 legal officers from the Office of Vice President, Environmental Division; 2 Officials from The National Environmental Council: 7 Lawyers from various NGOs: 10 Fishermen: and 5 different people: The work has five chapters and each chapter deals with a specific topic. The first chapter introduces the research and it deals with the background, statement of the problem and literature review among others. The second chapter is conceptual framework, in which some concepts regarding coastal environment have been covered. Chapter three looks into the legal and institutional framework. Findings are under chapter four. The last chapter is about the summary, conclusion and recommendations. The study shows that there are various causes of destruction of the coastal environment. The notable are poverty, lack of environment education: corruptions, and poor planning on the part of the government. Also the study shows that the present legal regime in Tanzania has not addressed in precise terms the management of the coastal zone environment, therefore the researcher proposes, the establishment of national and international law specifically to address and protect the coastal zone environment.
  • No Thumbnail Available
    Item
    Protecting forests against illegal logging in Tanzania: Examining the law and practice
    (Mzumbe University, 2023) Kilonzo, Claudi Christopher
    This study examined the law and practice on forests protection against illegal logging in mainland Tanzania. It proceeded from the view that despite the country’s seemingly strong legal framework deterring, criminalizing and sanctioning illegal logging practices, studies show that, its forest cover declines at an alarming rate. Studies show that, 70 percent of the country’s forest loss is due to illegal logging. This necessitated a study to examine the law and practices in protection of forests with a view to exploring legal and practical challenges in curbing illegal logging of forests in Tanzania. This study was limited to Mainland Tanzania, with a specific focus on Morogoro Region. It adopted exploratory research design to collect data through documentary review and in-depth interviews. A sample of thirty-five (35) respondents was involved. The data obtained was qualitatively analyzed and interpreted through content and thematic analyses. The study found some legal and practical challenges with regard to protecting forests from illegal logging. In relation to legal challenges, it was found that, the existing legal regime on forests protection is inadequate. Some of the provisions enacted in the Forest Act are vague while sanctions are relatively lenient. On the practical aspect, it was found that, the absence of qualified officials and limited resources for forest patrols at the Tanzania Forest Service Agency (TFS), interference with efforts to deal with illegal loggers, corruption among some forest protection authorities, excessive forest dependence by citizens living adjacent to forests and mid-night illegal forest operations are among the factors that hinder protection of forests from illegal logging. Consequently, the study recommends amendment of the Forest Act to address its unclear construction and, impose severe sanctions to illegal loggers. Again, the study recommends transformation of the TFS to a military agency to strengthen its performance. In addition, the government should encourage the use and facilitate availability of alternative sources of energy to reduce excessive dependence on forests. Further, the study recommends a deliberate fight against corruption in the forest sector and, along the chain of detection, investigation and prosecution of illegal logging.