7.1 Background

Environmental issues have no political boundaries. Air and water pollution do often have transfrontier effects, a phenomenon that makes a definite case for collaborative and co-operative efforts in the search for mechanisms to
manage them.

Besides, Kenya, Tanzania and Uganda share the largest fresh-water lake in Africa, Lake Victoria, whose water quality depends on regional initiatives that must complement the disparate national ones aimed at the management of the polluting riparian activities. National policies, legislation and institutions are by themselves incapable of achieving the best results in air and water quality management, in the absence of co-operative Sub- regional or regional initiatives.

It is therefore important to take into account the existing scope for Sub-regional collaboration in the Eastern African region, in relation to the issues of environmental standards in any endeavour to present a comprehensive picture of the "environmental pollution" problem. The Eastern African region does not only have a common history, but it has also, more recently, been the subject of major initiative with significant environmental implications.

In 1974, the UNEP initiated the Regional Seas Programme which treats 'Oceans" as fundamental units for the protection and development of environmental resources.

Under this programme, the Eastern Africa Action Plan was established, which formed one package with the 1985 Convention on Protection, Management and Development of the Marine and Coastal Environment of the Eastern African Region, the Protocol Concerning Protected Areas and Wild Fauna and Flora in the Eastern African Region, and the Protocol Concerning Co-operation in Combating Marine Pollution in cases of Emergency in the Eastern African region.

This framework of co-operation provided especially through the Convention and the second Protocol, a basis for regional initiatives in issues pertaining to water and air pollution. Articles 7 and 9 of the Convention state thus:

Article 7:

"The contacting parties shall..... take all appropriate measures to prevent, reduce and combat pollution of the Convention Area caused by coastal disposal or by discharges emanating from rivers, estuaries, coastal establishments, outfall structures, or any other sources within their territories."

Article 9

"The Contracting Parties shall take all appropriate measures to prevent, reduce and combat pollution of the Convention Area resulting from discharges into the atmosphere from activities under this jurisdiction."

In addition, Article 11 requires the Contracting Parties to co-operate in taking all the necessary measures to respond to pollution emergencies and to reduce or eliminate pollution or the threat of pollution resulting therefrom. To this end they are required individually or jointly, to develop and promote contingency plans for responding to incidents of pollution or threats thereof.
The general obligation with respect to co-operation is provided for in Article 3 of the second Protocol which requires the Contracting Parties to co-operate in taking all measures both preventive and remedial, for the protection of the marine and coastal environment of then Eastern African region from marine pollution incidents.

Apart from these arrangements, a new framework for co- operation has been put in place with the establishment of the Tripartite Commission for Co- operation between Kenya, Tanzania and Uganda. The common text on Identified Areas of Co-operation among these states includes the subject of environmental management. As the agreement is thus concerned with the environment as a sphere of regional co-operation, it will be found quite appropriate to incorporate strategies relating to collaborative research
and training in environmental standards within the initiatives of environmental management.

It is therefore, to be noted that while the question of environmental management and standards relates more centrally to the domain of national policy and legislation, the logistics of its operationalisation will be found to be
substantially dependent on the existence of regional institutions and mechanisms of collaboration.

Although regional institutions and mechanisms of collaboration are not yet in existence, the current regional initiatives for co-operation in various spheres will ultimately ensure their being put in operation in specific sectors.HAPTER