PREFACE

Environmental law is an essential tool for the governance and management of the environment and natural resources. It is the foundation of national and regional policies and actions to ensure that the use of natural resources is done equitably and sustainably.

In the East African sub-regional countries of Kenya, Tanzania and Uganda have, since 1995, been developing and harmonizing various environmental laws in selected sectors within their region. The process of developing and harmonizing environmental laws is intended to lead to the enactment or amendment of the internal legislative, regulatory and administrative framework of each country. Such change has been harmonized at a sub-regional level where the three countries have agreed on legal principles, definitions and substantive legal provisions to govern a segment or matter of the environment or natural resource sector.

The volumes produced by the UNEP/UNDP/Joint Project on Environmental Law and Institutions in Africa, East African Sub-regional Project, are intended to build capacity in Kenya, Tanzania and Uganda in environmental law. The underlying presupposition is that the three countries share similar historical and legal heritage and that the physical and historical situation in East Africa offered an opportunity to initiate and encourage dealing with environmental issues according to problem-sheds. The historical facts are that
(a) there is a history of regional cooperation among the countries from colonial times; and
(b) there is shared legal tradition which derives from common law origins.

The UNEP/UNDP Joint Project on Environmental Law and Institutions in Africa is funded by The Royal Dutch Government, the purpose is to enhance the capacity of the countries to develop and enforce laws relating to environment and natural resources. Phase I of the Project which commenced at the end of 1994, and is scheduled to end in December, 1999, involves seven countries, namely: Burkina Faso, Malawi, Mozambique, Sao Tome and Principe, Kenya, Tanzania and Uganda. While activities in the first four countries focus on entirely national activities, the work in the three East African countries are focused on issues which are essentially of sub-regional character. The management of the Joint Project is based at UNEP within its environmental law activities and is directed by a Task Manager, who works under guidance of a Steering Committee. Members of the Steering Committee are UNEP, UNDP, FAO, The World Bank, IUCN Environmental Law Centre and The Dutch Government.

The six topics which were selected for the Project's activities are:

(i) Development and harmonization of EIA Regulations;
(ii) Development and harmonization of laws relating to transboundary movement of hazardous wastes;
(iii) Development and harmonization of the methodologies for the development of environmental standards;
(iv) Development and harmonization of forestry laws;
(v) Development and harmonization of wildlife laws; and
(vi) Recommendation for legal and institutional framework for the protection of the environment of Lake Victoria.
(vii) The seventh topic, development and harmonization of laws relating to toxic and hazardous chemicals was taken up in 1998 when the work on the first six was virtually complete. The three countries considered this as one of the critical issues in environmental protection in the sub-region.

For each of the topics, the governments jointly worked out generic terms of reference. However, each national team subsequently worked out country-specific terms of reference to reflect national legal and institutional situations, existing initiatives on the same task as well as existing priorities. The respective national consultants were also selected by the National Coordinating Committees (NCC), working in consultation with an officer at the UNDP country office.

At the end, a workshop to finally harmonize the reports was held in 1998 in Kisumu, Kenya and was attended by the consultants for each topic for substantive discussions of their reports and to agree on recommendations to their governments. The objectives of the workshop were to;
(a) ensure that recommendations for policies and law for the
respective topics as far as possible, are in harmony;
(b) promote the development of legal and institutional machineries which are comparable in all the three East African countries in the absence of an over-arching sub-regional framework;
(c) harmonize the normative prescriptions and institutional machineries and therefore create an opportunity for harmonized enforcement procedures; and
(d) create an opportunity for dealing with the respective environmental problems according to the problem-sheds, which are essentially sub-regional.

Thereafter, a meeting for Permanent Secretaries responsible for environment from the three countries was held and attended by the national coordinators. They resolved that the stage was well-set for development of a sub-regional binding instrument on environmental management. Their debate recognized that a legally binding instrument in the form of a protocol within the framework of the Treaty of East African Co-operation would take time to evolve and could involve a broad cross-section of ministries. For these reasons, they resolved that as an interim measure, they would sign a memorandum of understanding.

Subsequently, a Memorandum of Understanding on Cooperation in Environmental Management was entered into by the three governments on 22 October 1998 covering all the themes of the project and also covering other aspects which had not been envisaged in the project. One of the main features of the Memorandum of Understanding is a commitment to develop a protocol on environment management under the auspices of the proposed East African Treaty.

The governments of Kenya, Tanzania and Uganda are expected to take up the recommendations and the Memorandum of Understanding and implement the recommendations. In fact, the Permanent Secretaries specifically requested UNEP and its cooperating agencies in the Joint Project to assist in the development of the Memorandum of Understanding.

Meanwhile, the Joint Project has undertaken to produce the reports on the seven topics as stand-alone publications and as bases for national legislation. In addition, a report on the review of national projects related to environmental law and institutions has been prepared as part of the publications. The national reports were prepared by the National Coordinators in the three countries. This report is intended to assist in avoiding duplication of efforts and create a coherent synergy in reviewing and developing environmental laws.

This Volume comprises three reports prepared by the national consultants, harmonized at the joint workshop and finally accepted by the Permanent Secretaries. Its theme is the development and harmonisation of environmental standards in the East African sub-region. The report identifies priority areas requiring environmental standards and proposes that such standards be regulated. Uganda has done the most work on this subject; some of its draft standards will be adopted into law soon. The report also presents criteria and methodologies for the measurement of the standards and areas of possible capacity building. The critical areas which need harmonisation at the East African sub-regional level are presented.

UNEP and its partners in this project were delighted to support the development of this initiative. However, the report has no official standing as such.

Address any comments or enquiries about these reports to:

Task Manager
UNEP/UNDP/Dutch Joint Project
Technical Cooperation Unit
Division of Policy Implementation
United Nations Environment Programme
P.O. Box 30552
NAIROBI, KENYA
Tel: 254 2 623815/624256/623480/623923
Fax: 254 2 623859/230198
email: charles.okidi@unep.org