Human Rights and
Governance of Natural
Resources in the Context of
Zanzibar
Human Rights in The Governance of Natural Recourses – Training Workshop Programme 23 –
27th February, 2015. Department of Geography, University of Dar Es Salaam
Dr. Moh’d Makame Haji
[email protected]
 Zanzibar located off the coast of East Africa is
comprised of two main islands of Unguja and Pemba
which lie 40 km and 60 km respectively off the eastern
coast of mainland Tanzania. The two main islands have
land areas of 1, 658 km2 (Unguja) and 985 km2 (Pemba)
including numerous small islands.
 Zanzibar is blessed with number of natural resources that
humans can use to make more human-made products
out of these resources.
 These are useful raw materials from the Earth. They occur
naturally, which means that humans cannot make these
natural resources. Instead, use and modify natural them
in ways that are beneficial.
Some examples of natural resources and the ways the are used
Natural Resource
Products or Services
Air
Wind energy, tires
Animals
Foods, skins
Plants
Wood, paper, cotton clothing, fruits,
vegetables, energy
Sunlight
Solar power, photosynthesis
Water
Hydroelectric energy, drinking, cleaning
Natural features
Scenic sites: e.g. Misali Island and the Ngezi
Forest that are considered of great tourist
attraction
 Because it is Island, Zanzibar is characterized with both
Biotic or Abiotic Natural Resources.
 Biotic natural resources come from living things or
organic materials. Biotic resources include:
 Plants like Spices and Fruits, Coconut Palm Trees.
 Animals like Terrestrial Wildlife, Colobus Monkeys, Underwater
Marine Life.
 Abiotic natural resources originate from nonliving and
inorganic materials. For example, air, sunlight, and
water. Land and Mines are also considered as abiotic.
Why HR in natural resources
 Natural resources support life
 In Zanzibar, the right to life is safeguarded by the
Zanzibar Constitution of 1984 as given under 13 (1) that
“every person has the right to the preservation of his
life.”
 In addition to that, the Constitution guarantees further
protection as stated by section 13(2), that every person
has the right to live and to the protection of his life by
the society in accordance with the law.
 It implies that every human being has the inherent right
to life and has inherent right to natural resources.
 This right must be protected by law and every citizen is
under duty to protect this right.
 It has to be well governed
 Uses of natural resources in Jozani-Chwaka Bay: seaweed farming, octopus
harvesting, tourism and wood exploitation
Concerns of HR in Governance of Natural Resources
Ownership and Enjoyment
Empowerment
Transparency
Accountability
Equality
Accessibility
Governance of Natural Resources
 Some efforts has been made to improve accessibility, equality and
empowerment of the people with respect to enjoyment of and protection
of natural recourses, however transparency and accountability is still
questionable.
 The government, companies, organizations and individuals do not divulge
relevant information, nor any rules, plans, processes and actions are made
public.
 In this case, it is very rare to see actors held responsible for their actions.
Individuals, agencies and organizations (public, private and civil society)
are not held responsible for executing their plans even though the same
may be contrary to a certain standard.
Property Rights in Natural Resources
 Constitution guarantees suggest that people are
connected with the natural resources through the
system of property rights.
 The laws should therefore control natural resources
because if they are open to everyone the users will
compete with one another to use a greater share,
which eventually will cause resource degradation and
deprive one another their to natural share.
 The laws therefore, classify property rights regimes in:
1. Open access: denotes lack of ownership and control but protected
from destruction e.g. air.
2. State property: e.g. protected areas and reserves, national forests
and military reservations.
3. Common property: e.g. fisheries in national waters, common wells,
pasture grounds held by an identifiable group of users who can
exclude others and regulate the resource use.
4. Private property: (exclusion of the other) all attributes of property
maintained.
Mnemba Islets is leased to private owners
Marine protected areas
 Property rights are an important factor for resource
management but unlike other resources, natural
resource are characterized by unclear property rights
and subjected multiple claims.
 All this is the source of the challenge to governance that
gives rise to monopoly claims made by rich and
politically powerful at the expense of the poor.
 Recognizing this fact, the government had to take over
the control of natural resources.
 The role of the government is not to create property
rights but only to recognize and preserve the existence
of such natural rights.
 But surprisingly, government’s priorities are often more
related to economic growth than to protect natural
resources.
 It often forgets that the livelihood of local users living
close to the resources depends on the natural
endowment that surrounds them.
Legal framework of protection of NR
 Protection of natural is constitutional guaranteed.
 Section 23 of the Constitution of Zanzibar, 1984 provides
duty to safeguard public property:
 Section 23(2) (2) Every person has the duty to protect the
natural resources of Zanzibar, the property of the state
Authority, all property collectively owned by the people
and also to respect another person's property.
Constitution also guarantees the protection of
environet.
Section 23(3) of the Constitution of Zanzibar
provides “All persons shall be required by law to
safeguard the property of Zanzibar and
collectively to combat all forms of waste and
squander, and to manage the economy of
Zanzibar assiduously with the attitude of people
who are masters of the destiny of their nation.”
 The government of Zanzibar has made some efforts to ensure that
natural recourses are sustainably utilized for present and future
generations. For this purpose the following legislation has been
floated:
 The Animal Resources Management Act, No.11 of 1999
 The Environmental Management for Sustainable Management Act,
1996,
 The Establishment of Zanzibar
Management Unit Act, 1999,
Nature
Conservation
Areas
 The Forest Resources Management and Conservation Act, 1996.
 The Special Fund for Preservation of Historical Heritage of
Zanzibar Act No 8 of 2003
 The Zanzibar Forest Resources Management and
Conservation Act No. 10 of 1996
 The Fisheries Act, No. 8 of 1988
 The Zanzibar Free Economic Zones Act No.16 of 1992
 The Zanzibar Free Economic Zones Authority Act No.17 of
1992
 The Freeport Authority Act, No.9 of 1998
 Land use
 Land Adjudication Act No. 8 of 1990
 Land Survey Act No. 9 of 1990
 Registered Land Act No. 10 of 1990
 Land Tenure Act No. 12 of 1992
 Land Tribunal Act No. 7 of 1994
 Land Transfer Act No. 8 of 1994
 Land Tenure (Amendment) Act No. 15 of 2003
 Land Transfer (Amendment) Act No. 10 of 2007
 Land Tribunal (Amendment) Act No. 1 of 2008
Institutional Framework
 The Ministry of Agriculture and Natural Resource is responsible in
management and coordination of all activities related to
agricultural and natural resources development in the islands.
 The Ministry comprises of six (6) Departments, two (2) Institutes.
 Department of Planning, Policy and Research;
 Department of Administration and Human Resources;
 Department of Agriculture;
 Department of Forest and Non Renewable Natural Resources;
 Department of Irrigation;
 Department of Food Security and Nutrition;
 Kizimbani Agricultural Training Institute (KATI) and
 the Institute of Agricultural Research (IAR).
Department of Forest and Non Renewable
Natural Resources
 The Department of Forest and Non Renewable Natural Resources
has aim to protect, conserve and develop forest resources for
social, economic and environmental benefit of present and future
generations of the people of Zanzibar.
 This is done through Zanzibar National Forest Resources
Management Plan (2010 – 2020) in following progammes:
1. Capacity Development
2. Biodiversity and Integrated Conservation
3. Sustainable Forest Production and Utilization
The Department of Environment (DoE)
 The Department of Environment (DoE), Zanzibar is the institution responsible
for overseeing the integrity of Zanzibar's environment for sustainable
development. This Department was established in 1989 and is in charge of
Environmental affairs in Zanzibar. At that time, the department was under
the Commission for Land and Environment (COLE) of the Ministry of Water,
Energy, Land and Environment. However from 2006, the Department has
been under the Ministry of Agriculture, livestock and Environment (MALE).
 Since 2010 the DoE is moved to office of the First President of Zanzibar.
 The process is now going on to develop DoE AUTHORITY
 The Functions Of The Department
 To maintain a well organized environmental bank
 To provide environmental input into the planning process, based on the
national environmental policy
 To monitor the state of the environment and organize research.
 To tackle immediate environmental problems and stimulate others to
action for environmental protection.
 To promote Environmental impact assessment (EIA)
 To promote awareness and provide training on environmental issues.
 DoE units
1. Climate Change
2. Environment education
3. Environment Impact Assessment
4. Pollution Control
5. Environmental Law
6. Policy and Planning
7. Non-renewable Management
 The DoE has a key role in achieving the national goal of
sustainable development set out in the National
Development Vision 2020.
 It is responsible for assessing and monitoring the quality
of the Environment, as well as providing technical
assistance in the course of significant environmental
impact on the society and enforcing the environmental
legislation.
Community Participation in Natural
Resource Management
 In order to ensure benefit to poor from the natural
resources, they should be meaningfully made to
participate in the governance of natural resources.
 The poor depend very much on natural resources for
their livelihood therefore poor performance in the
agricultural sector usually promotes the exploitation of
natural resources for firewood and charcoal etc, which
in turn increases the destruction of environment.
 Zanzibar has undergone some type of decentralisation reform
in the management of natural resources.
 Interest particularly developed in agriculture, water
management, and forestry, centering on promoting the
participation and enhancement of the power and decisionmaking role of local communities.
 Community approach is further developed in reserved areas
and protected area management, with many believing the
combined effects of ecological insularization and chronic
conflict with local peoples jeopardize the long-term
sustainability of protected areas.
 In an attempt to promote sustainable utilization of natural resources
the government is encouraging and facilitating community
participation in natural resource management.
 Promotion of moral economy (populism)
 Communities have been empowered to set up their natural
resources management committees.
 The Ministry responsible for environment is taking measures to
create awareness and educating communities on the
importance of environmental conservation. In order to
reduce pressure on the unplanned use of natural resources
the government is introducing and promoting alternative
income generation activities such as ecotourism, beekeeping
and crafting.
 Coastal communities are educated on conservation of
marine resources and associated environment, while the
fishermen are provided with fishing gears and fishing skills.
Benefits of decentralization
 Equity
 The shift from state to more community-based
management of natural resources sometimes assisted
marginalized and neglected groups in obtaining a
greater role and stake in the allocation and proprietary
control of local natural resources.
 It also helps to promote the distribution and allocation of
socioeconomic benefits and resources
 Empowerment
 It involves the distribution of power and status, particularly among local
peoples, including authority devolved from central governments to local
peoples and institutions; as well as participation in decision making, sharing
of control, and/or democratization.
 Local communities were frequently only marginally more empowered than
prior to the implementation of CPNRM, with considerable control still
residing in national and state authorities.
 It also promotes gender empowerment by encouraging women to
participate in the management of natural resources.
 Conflict Resolution
 This refers to the handling and resolving of conflicts and disputes over
resources among local peoples and among local, state, and national
entities and interests. e.g. Chwaka – Marumbi conflict
 Conflict resolution increases conservation and development objectives,
and diffusing decision making authority among a wide array of interest
groups and stakeholders.
 Knowledge and Awareness
 CPNRM is often promoted as a way to better connect traditional with
modern ecological knowledge, as well as more effectively utilize local
understanding developed over generations of extended environmental
relationship.
.
 Community members collectively create maps to be used in developing
locally driven reforestation plans for Zanzibar’s forests
Environmental protection
 The law governs the environmental issues is:
 The Zanzibar Environmental Management for Sustainable Development
Act, 1996
 The Act reflects the principle of state sovereignty of environmental
recourses.
 It protects the Island’s environmental resources against Bio-piracy.
 COMMUNITY INVOLVEMENT
 S.33.(1) The institution responsible for the environment through the Director
shall prepare a local environmental action plan when environmental
problems which require special localized planning are identified, especially
those which threaten likely harm to: (a) Zanzibar's biological diversity; or
 (b) an ecosystem such as a coastal area or water catchment.
 (2) Any person has the right to petition the Director, identifying a problem
which requires the preparation of a local environmental action plan.
 (3) A local environmental action plan shall be approved by the Minister.
 The Act provides right to clean and healthy environment and duty
to maintain it.
 S.6.(1) Every person has a right to a clean and healthy environment.
 (2) Every person has a duty to maintain and .enhance that
environment.
 It also provides right to legal proceedings to any stake holder.
 S.109.(1) Any person, whether or not assisted by an advocate or wakil, shall
have the right to petition the appropriate enforcing institution or any court of
law, subject to that court's rules, to enforce any provision of this Act.
 (2) Any person who institutes a proceeding under this section and who prevails
in court shall have the right to recover the costs of the legal proceeding from
the other party.
 (3) At the request of the prevailing party, the court acting upon a proceeding
instituted under this section shall include in the judgment any costs of the
prevailing party.
 (4) For the avoidance of doubt, "person" specifically includes any individual or
group of individuals whether formally registered for environmental purposes or
not and any community which has prepared a community environmental
management plan under section 35 of this Act.
 The Act creates number of offences and any one contravenes the Act shall
be fined
 S.91. Offences related to National Environmental Standards. - 500,000.00 TZS
 S.92. Hazardous waste offence. - 2,000,000 TZS fine
 S.93. Marine dumping offence. - 2,000,000 USD
 S.94. Hazardous substance offences. - 1,500,000 TZS
 S.95. EIA offences. - 1,500,000TZS
 S.96. Sustainable development offences. - 1,500,000 TZS
 S.97. Biological diversity offences. - 1,500,000 TZS
 S.98. Nonrenewable natural resource offences. - 2,000,000 TZS
 S.99. Offences regarding environmental officers. – fine or imprisonment
 S.100. Failure to observe stop order offence.
 S.101. Remedies for offences. – restoring the environment/ pay the costs
 S.102. Offence includes attempt to commit offence.
 S.103. Repeat and continuing offences. – double penalty
 S.104. Duty to mitigate.
 S.105. Compounding of offences. – as Director may direct
Environmental Challenges
 Despite of all those efforts, Zanzibar is still suffering from number of
environmental problems.
 This ranges from land alienation, loss of fishing areas and agricultural land,
sea pollutions and over-exploitation of marine resources.
Promotion of Accountability, Transparency,
Rule of Law and Respect of Human Rights
 Despite the achievements, there are still numerous challenges to be
addressed, these include:
i.
Further promotion of Transparency and a sense of accountability
has to be inculcated;
ii.
Need for removing the apparent conflict of interest between
personal priorities vis a vis those of the society, as currently shown
by some members of House of Representative when exercising
their powers is very much needed;
iii.
Further involvement of local communities in the House of
Representative, particularly on gender issues should be ensured.
iv. Creation of Zanzibar environmental court is the need of hours
v.
A commitment to involve community members and local
institutions in the management and conservation of natural
resources should be ensured.
vi. There should be Increased interest in devolving power and
authority from central and/or state government to more local and
often indigenous institutions and peoples.
vii. A desire to link and reconcile the objectives of socioeconomic
development and environmental conservation and protection.
viii. A tendency to defend and legitimize local and/or indigenous
resource and property rights should be encouraged.
ix.
A belief in the desirability of including traditional values and
ecological knowledge in modern resource management shold
not be lost a sight of.
Thank you very much
Ahsante sana