Protecting forests against illegal logging in Tanzania: Examining the law and practice

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Date
2023
Journal Title
Journal ISSN
Volume Title
Publisher
Mzumbe University
Abstract
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.
Description
A dissertation submitted in partial fulfillment of the requirements for award of the Master Degree in International Law (LLM-IL) of Mzumbe University
Keywords
forests illegal logging, Legal Regime, forests protection, Stockholm, Rio Declarations
Citation
Chicago