A Dissertation Submitted in Partial Fulfilment of the Requirements for the Award of Masters of Laws (International Laws) of Mzumbe University
Deforestation is one of the major global problems facing conservation of natural resources, forests in particular and has internationally, regionally and sub-regionally been addressed through instruments. The instruments are CITES, UNFCCC, UNCBD, ACCNNR, EAC and SADC. Tanzania is a Party to these instruments.
The objective of this research is to critically analyse the Tanzania legal framework on conservation of natural resources by combating deforestation in relation to international instruments. It strives to analyse and find out the weaknesses and challenges in the implementation of Tanzania legal framework in combating deforestation and making recommendation for the effective legal framework in combating deforestation.
In conducting the analysis the study has employed both doctrinal and empirical research. With doctrinal research the study examined various international, regional and sub-regional instruments, legislations both principal and subsidiary. With non-doctrinal research the researcher selected a sample of 34 respondents from MNRT, Bagamoyo and Handeni Council, Kibindu and Gole villages were interviewed, viz, Forest officers, legal officers, agriculture officers, land officers, environment, officers, village leaders, villagers and other persons interested.
The findings of this study are that principal legislations and by-laws providing for forests conservation and management does not directly address the problem of deforestation and the instructional set-up is not well coordinated as there are parallel structures all intended to address the natural resources conservation.
It is the conclusion of this study that the Tanzania legal framework in conservation and management by combating deforestation do not adequately address the problem of deforestation. It is recommended that the framework need to be reviewed by amending both principal legislation and by laws to directly address the problem of deforestation and institutional set up be properly coordinated.