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Eastern Arc Mountains and Coastal Forests of Tanzania and Kenya ...

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(b) manage the use <strong>and</strong> conservation <strong>of</strong> all indigenous state forests;(c) monitor <strong>and</strong> enforce compliance with the provisions <strong>of</strong> this act in respect <strong>of</strong> all forests in<strong>Kenya</strong>; <strong>and</strong>(d) advise the government on all matters pertaining to the establishment, development,conservation <strong>and</strong> utilization <strong>of</strong> forests in <strong>Kenya</strong>.In addition to the Forest Act, there are about 77 statutes that deal with environmental legislation.Until 1999, there was no environmental legislation framework. Parliament passed theEnvironmental Management <strong>and</strong> Coordination Bill, 1999, into law on 15 December 1999. TheEnvironmental Management <strong>and</strong> Coordination Act (EMCA) came into force on 14 th January2000 <strong>and</strong> takes priority over all pre-existing legislation. The EMCA establishes nationalenvironmental principles <strong>and</strong> provides guidance <strong>and</strong> coherence to good environmentalmanagement. It also deals with cross-sectional issues such as overall environmental policyformulation, environmental planning, protection <strong>and</strong> conservation <strong>of</strong> the environment,environmental impact assessment, environmental audit <strong>and</strong> monitoring, environmental qualityst<strong>and</strong>ards, environmental protection orders, institutional coordination <strong>and</strong> conflict resolution.Owing to financial <strong>and</strong> bureaucratic constraints, the act has taken several years to becomeoperational. Once fully operational, the act will have impacts on other legislation dealing withenvironment such as l<strong>and</strong> tenure <strong>and</strong> l<strong>and</strong> use legislation, forestry legislation, wildlife legislation,water laws <strong>and</strong> agriculture legislation. The act provides a good avenue for environmentalprotection <strong>and</strong> the establishment <strong>of</strong> an operational framework under the National EnvironmentManagement Authority (NEMA).<strong>Tanzania</strong>PolicyThe Forest Policy <strong>of</strong> <strong>Tanzania</strong> (United Republic <strong>of</strong> <strong>Tanzania</strong> 1998) gives the responsibility <strong>of</strong>managing forest resources to the forest sector in collaboration with key stakeholders. Among themain features <strong>of</strong> the policy are participatory forest management, decentralization <strong>and</strong>privatization. These are radical divergences from the earlier policy <strong>and</strong> legislation, whichrestricted management to the state authorities <strong>and</strong> had a different approach to preservation <strong>and</strong>controlled utilization. These reforms are a result <strong>of</strong> emerging macroeconomic policies <strong>and</strong> local<strong>and</strong> global environmental management trends. They also recognize the rights <strong>of</strong> the communities<strong>and</strong> roles <strong>of</strong> the private sector in managing these resources. The overall goal <strong>and</strong> objectives arepresented in Box 1.The Forest Policy is implemented through the National Forest Programme (Ministry <strong>of</strong> NaturalResources <strong>and</strong> Tourism, 2001). The key challenges for this program are ensuring sustainableutilization <strong>of</strong> forest produce <strong>and</strong> meeting the national dem<strong>and</strong> for forest produce such as woodfuel, sawn timber, non-timber forest products <strong>and</strong> other forest produce. The dependence on forestproducts by the majority <strong>of</strong> the rural communities for their livelihoods enables forests tocontribute to poverty reduction.31

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