The key provisions of the Stockholm Convention seek to control:

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1 Tanzania Case Study Introduction The Stockholm Convention on Persistent Organic Pollutants (the Stockholm Convention) aims to protect human health and the environment from persistent organic pollutants (POPs). The Convention seeks to achieve this by first identifying and listing these dangerous toxic chemicals in its Annexes, then restricting and eventually eliminating them from production, use, trade, storage and release. The key provisions of the Stockholm Convention seek to control: POPs that are produced and used intentionally; POPs that are produced and used unintentionally; and POPs stockpiles and wastes. Parties to the Stockholm Convention are engaged in the task of designing, establishing and implementing effective and efficient legal frameworks to ensure the environmentally sound management of chemicals. The United Republic of Tanzania signed the Stockholm Convention in May 2001 and ratified it in April 2004, the month before it entered into force. In June 2006, Tanzania met one of its obligations under the Convention in submitting its National Implementation Plan, and in July 2007 it also submitted its report as part of the first round of Party reports under Article 15 of the Convention. Background on Tanzania Profile of Tanzania Situated on the east coast of Africa, the United Republic of Tanzania covers an area of 945,234 square kilometres, including the Zanzibar archipelago. The population of Tanzania is currently over 41 million and has more than tripled in recent decades, from 12.3 million in Approximately one quarter of the population is located in urban areas. Tanzania s government is a union of the United Republic of Tanzania and the semiautonomous Revolutionary Government of Zanzibar. Tanzania s legal system is based on English common law. Tanzania s economy was heavily dependent on agriculture, which generated 26.4% of its gross domestic product (GDP) according to 2009 estimates, and employs approximately 80% of the country s work force. Tanzania is also rich in fish resources and one of the three African countries with the largest populations of livestock. Forestry is another important economic sector given that Tanzania s forest and woodland area cover about 33.5 million hectares, comprising approximately half of its total land area. The rich 1

2 diversity of wildlife in Tanzania is also important to its economy through game viewing and controlled hunting by both tourists and residents. Tourism is an emerging sector of the economy and shows potential for growth. It is estimated that the industrial sector in Tanzania contributed approximately 22.6% of the GDP in 2009, and is the largest source of employment in urban areas of the country. There is a growing mining sector extracting mineral resources such as gold, diamonds, gemstones and industrial minerals. The relatively small energy sector in Tanzania also has potential to grow. Transportation and communications sectors in the country comprise road, rail, air and maritime transport, and telecommunications that include telephone, mobile phone, internet and postal services as well as radio, television and newspapers. There are a number of significant environmental problems facing Tanzania. In 1997, the National Environment Policy identified six priority issues needing to be addressed: land degradation, due to removing woody vegetation at a higher rate than its rate of regeneration, which has caused a reduction in soil productivity; inadequate access to good quality water, with more than half of diseases resulting from water contamination or a lack of water for daily use; pollution of water, air and soil in the country due to solid waste, sewage, air emissions and noise in urban areas, and due to nutrient loading and agricultural chemicals in rural areas; loss of wildlife habitats and biodiversity resulting from poaching, increasing demand for agricultural land, pollution, invasive species and climate change; degradation of marine and freshwater aquatic ecosystems due to industrial and agricultural effluents, over-fishing and unregulated tourism in coastal areas; and high rates of deforestation as a result of small scale mining, bush fires, and the uncontrolled cutting of wood for cooking, sale, building and other uses. Presence of POPs in Tanzania As of 2006, when Tanzania s National Implementation Plan was submitted, the nine original POPs pesticides listed in the Stockholm Convention were no longer registered for any use and there was no production or importation of POPs pesticides in the country. DDT (1,1,1-trichloro-2,2-bis (4-chlorophenyl)ethane) had been used in Tanzania until 1997 for agricultural purposes, and was both imported and produced in the country. An inventory of POPs conducted in 2003 located approximately 17.4 metric tonnes of obsolete stocks of POPs pesticides, including aldrin, dieldrin and toxaphene, as well as metric tonnes of obsolete stocks of DDT stored in various areas of Tanzania. 2

3 The inventory also documented sources and releases of polychlorinated dibenzo-pdioxins (PCDDs) and polychlorinated dibenzofurans (PCDFs) in Tanzania, and found that the country lacked capacity to monitor releases of these POPs. At this time, there was limited understanding of the effects of PCDDs and PCDFs, and best available techniques and environmental practices were not being applied in relation to their use. A 2004 survey of electrical equipment revealed equipment containing 273 metric tonnes of oil that was suspected to contain polychlorinated biphenyls (PCBs), although some of this equipment was out of use and the concentrations of PCBs were not determined. The survey also suggested that there was inadequate handling of oils thought to contain PCBs, resulting in spills. Tanzania has identified 33 sites that may be contaminated with PCBs and four storage sites contaminated with DDT, aldrin and toxaphene. In addition, 12 industrial and waste disposal sites were deemed to be potential sources of PCDDs and PCDFs. POPs in Tanzania POP Use When in use Status DDT Malaria control Used in the past in applications against various pests in agriculture Dieldrin, aldrin, endrin, lindane, toxaphene, heptachlor and chlordane Pest control in agriculture Used in the past in applications against various pests in agriculture and public health Use in agriculture banned in 1997; potential use for public health All currently banned as of 1996 PCBs Oil in transformers and capacitors Ongoing Electrical equipment contains PCBs but some equipment out of use and concentrations not determined PCDDs and PCDFs Released from production of chemicals and consumer goods, uncontrolled combustion processes, ferrous and non-ferrous metal production, waste incineration and power generation and heating Ongoing 12 industrial and waste disposal sites deemed potential sources 3

4 Chemicals Management Regime Prior to Stockholm Convention Existing Legislation and Policies Prior to the Stockholm Convention The Constitutions of the United Republic of Tanzania and of Zanzibar do not expressly provide for environmental rights, but do protect natural resources. Article 27 (1) of the Constitution of the United Republic of Tanzania states that every person is obliged to safeguard and protect the natural resources of the United Republic. This provision may be interpreted to include the environment. Although the Constitutions do not provide a right to a clean clause in the Bill of Rights that guarantees the right to life. In addition to constitutional law, there are many laws that address the use and management of natural resources. Generally, statutes govern natural resource use and management in Tanzania, and not customary law. However, the validity of customary law has been recognized in the courts, and it may be applied in communities where it is established and accepted. Prior to ratifying the Stockholm Convention, Tanzania already had in place a number of laws and policies directed to the management of chemicals broadly, although none were specifically directed at regulating POPs. Plant Protection Act The 1997 Plant Protection Act addresses the health and environmental impacts of pesticides when not properly managed and, in particular, the hazardous effects of toxic pesticides. This Act restricts the production, use and release of highly toxic plant protection substances, including POPs pesticides. The Act controls the registration, manufacturing, import, sale, transportation, use and disposal of plant protection substances. It also includes requirements for prior informed consent procedures. Part III of the Plant Protection Act requires that plant protection substances be registered and approved before they can be used in Tanzania. To register a new pesticide, technical data must be submitted along with a written declaration from the country of origin as to whether or not the pesticide has been banned or restricted in the country of origin. The pesticide must be tested for effectiveness and assessed before the decision is made to approve or reject the registration. It is an offence to manufacture or use pesticides that are not registered. Importers of pesticides into Tanzania must be registered under the Act to apply for an import permit, and may only seek import permits for registered and approved pesticides. Importers must provide information on the type, quantity and intended use of pesticides to be imported. Pesticides arriving in the country are inspected to ensure conformity with labelling and other requirements. Importers must keep records and report on the types and quantities of pesticides imported. 4

5 Those who handle and sell pesticides must be assessed and certified to ensure that they are competent and that their facilities meet requirements for the storage and sale of pesticides. Only registered and approved pesticides may be sold. Inspectors are appointed under the Act to enforce compliance with measures to control the import and use of pesticides, and the Act provides for regular training for inspectors. As of April 2005, there were 165 inspectors under the Plant Protection Act 15 pesticide inspectors and 150 plant health inspectors of which 60 had received training aimed at improving their inspection skills. At that time, the number of inspectors was not sufficient to meet the demands of inspection in Tanzania, resulting in inadequate enforcement and the existence of illegal products in the market. The Plant Protection Regulations, made under the Plant Protection Act, provide further detail on registration requirements for plant protection substances. These include conditions that restrict the registration of pesticides with the characteristics of POPs in s. 27 of the Regulations. The Plant Protection Regulations provide for prompt clean up of sites contaminated by pesticides. The Regulations also permit empty pesticide containers to be disposed of in appropriate disposal facilities, only after authorization from a competent authority. The Plant Protection Act and its Regulations govern the management of DDT used as a pesticide. The use of DDT in agriculture has been banned since However, there are no specific legal provisions on the management of DDT use in public health, or on the management of DDT wastes and empty DDT containers. Other Legislation In addition to the Plant Protection Act, a number of other laws addressed some aspects of chemicals management prior to ratification of the Stockholm Convention in 2004, such as hazardous wastes, emissions to air and water, and environmental monitoring. These laws included the following: Public Health Ordinance (1954); Water Utilization (Control and Regulations) Act (1974), and amendments of 1981, 1988 and 2000; Tropical Pesticides Research Institute Act (1979); Forest Act (1982); Urban Authorities Act (1982); Local Government (District and Urban Authorities) Acts (1982), and amendments of 2000; National Environment Management Act (1983); and Sustainable Environmental Management Act (1996) of Zanzibar. 5

6 Policies While not legally binding, a number of government policies are also relevant to management of chemicals in Tanzania. These are described in brief here: Health Policy (1991) This policy is intended to protect public health, cure diseases and promote human well-being. It addresses the reduction and elimination of POPs by promoting research into safe alternatives to DDT for malaria vector control. DDT has not been used in disease vector control in Tanzania since the 1980s. National Environmental Policy (1997) This policy provides a framework for environmental management in various sectors with an objective of achieving sustainable development. The policy seeks to achieve the mainstreaming of environmental matters into sectoral policies, and sets out specific environmental objectives for addressing pollution issues in different sectors. These objectives include: o the promotion of technology for efficient and safe water use, especially water and waste water treatment, and recycling; o the promotion of health related programmes such as the separation of toxic and hazardous wastes and pollution control at the household level; o the development of environmentally sound waste management systems particularly in urban areas; and o the introduction of resource saving and waste recycling facilities and the use of cleaner technologies. The National Environmental Policy promotes the development and application of environmentally friendly pest control methods but does not make specific reference to POPs. It also highlights the importance of international cooperation on environmental transboundary issues, and promotes meaningful public participation in environmental management. Agricultural and Livestock Policy (1997) This policy recognizes the importance of the environment in relation to agriculture, and attempts to provide guidance on the balanced use of natural resources. Although the policy does not specifically address POPs pesticides due to limited awareness of this issue at the time, it does promote the implementation of Integrated Pest Management through plant protection and agricultural extension services, and agrochemicals registration and monitoring. Tanzania s Integrated Pest Management programme has resulted in reduced use of pesticides since its introduction in Sustainable Industrial Development Policy ( ) This policy provides a framework to guide the direction of Tanzania s industrialization process over a period of 25 years. The national goals for the industrial sector include: human development; the creation of employment 6

7 opportunities; economic transformation that achieves sustainable growth; external balance of payments; environmental sustainability; and equitable development. The policy promotes sound environmental management, including the development of cleaner production technologies to allow for the reduction and eventual elimination of discharges and emissions of toxic chemicals such as PCBs, PCDD and PCDF from industrial processes. National Energy Policy (2003) This policy attempts to ensure availability of reliable and affordable energy supplies for use in a sustainable manner to support national development goals. The policy aims to establish efficient energy production, procurement, transportation, distribution and end-use systems in an environmentally sound manner. These measures may result in decreased releases of PCDD and PCDF and restricted use of PCBs. Institutions Involved in the Management of Chemicals The President, the Vice President, the President of Zanzibar, the Prime Minister and the Cabinet Ministers make up the Executive of the United Republic of Tanzania. The Vice President is the principal assistant to the President and has specific responsibilities in relation to environmental management. The United Republic of Tanzania is divided into 26 administrative regions, each headed by a Regional Commissioner. As well, Local Government Authorities have been created to give more power to the people to participate in the planning and implementation of development programmes in their areas. Local Government Authorities have some environmental responsibilities and functions. National environmental agencies in Tanzania include the Division of Environment and the National Environmental Management Council, and a Minister Responsible for the Environment within the Vice President s Office, as well as the Department of Environment of Zanzibar, under the Ministry of Agriculture, Natural Resources, Environment and Cooperatives. Division of Environment The Division of Environment under the Vice President s Office is the national lead agency in relation to and the designated Official Contact Point to the Stockholm Convention. The Division of Environment is headed by a Director of Environment and charged with overseeing and coordinating environmental management activities in the country. The Division of Environment is responsible for: policy development, advocacy and implementation; monitoring and evaluation; environmental planning; development of 7

8 legislation; and international cooperation. The Division is also responsible for coordinating implementation of Tanzania s National Implementation Plan. Environmental Pollution Section One of the three sections established under the Division of Environment is the Environmental Pollution Section. Among its responsibilities, this Section: develops and reviews policy and legislative measures for pollution control and management; develops, reviews and monitors programmes to achieve environmental pollution control and management; develops strategies for effective participation of civil society in environmental protection and management, and provides technical assistance to groups undertaking environmental pollution control activities; creates and supervises environmental education and awareness raising programmes; reviews research and extension activities related to environmental pollution control in different sectors; develops national positions on international and regional conventions addressing pollution control, and oversees their implementation; and liaises with international organizations dealing with pollution control and management. National Environmental Management Council The National Environment Management Council, also under the Vice President s Office, consists of a Director General and five Directorates with responsibility for: Environmental Information, Communication and Outreach; Environmental Planning and Research; Environmental Impact Assessment, Environmental Compliance and Enforcement; and Finance and Administration. The National Environment Management Council is responsible for: enforcement; compliance; environmental impact assessment review and monitoring; environmental research; and environmental education and awareness. Ministry of Agriculture and Food Security The Ministry of Agriculture and Food Security has responsibility for agricultural matters and therefore is responsible for the management of POPs pesticides in Tanzania. The Ministry has powers to implement and enforce the Plant Protection Act. 8

9 Tropical Pesticides Research Institute The Tropical Pesticides Research Institute registers all pesticides used in Tanzania, and monitors their import and use. The Institute exercises powers and duties under the Plant Protection Act. Other International Instruments Governing Chemicals to which Tanzania is a Party Tanzania is Party to a number of other regional and international environmental agreements that relate to the management and control of chemicals, including POPs. These include: the Vienna Convention for Protection of the Ozone Layer (1985) and the Montreal Protocol on Substances that Deplete the Ozone Layer (1987); the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (1989); the Bamako Convention on the Ban of the Import into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes within Africa (1991); and the Rotterdam Convention on the Prior Informed Consent Procedure for certain Hazardous Chemicals and Pesticides in International Trade (1998). The provisions of existing laws in Tanzania are being reviewed to incorporate the obligations of these Conventions, as well as those of the Stockholm Convention. The provisions of both the Stockholm and Rotterdam Conventions must be considered in revising pesticide registration and import processes. Tanzania s National Implementation Plan for the Stockholm Convention looked at synergies between that Convention and other environmental agreements at the regional and international levels, and addressed cross-cutting concerns such as: capacity building in pollution prevention and control; monitoring evidence of health risks and research on feasible alternatives to POPs; and advancing technologies and practices with less impact on the environment and human health. Identified Gaps in POPs Management Current laws, policies and management practices in Tanzania do not meet all of the obligations of the Stockholm Convention. The laws governing different sectors of chemical management are not well coordinated and have conflicting functions. There is a 9

10 need to review, harmonize and streamline these provisions. Improved enforcement processes are also needed, including coordinated action plans and enforcement programs. For example, the management of pesticides wastes, including DDT, is not inadequately regulated and enforced through existing legislation such as the Plant Protection Act, the Local Government Act and the National Environment Management Act. There are no guidelines to ensure the proper disposal of empty containers or waste containing DDT or other pesticides. As a result they often are not adequately disposed of, and may end up reused as containers for the storage of food, water and other consumable household products, posing a risk to human health. In relation to PCBs, an inventory showed that there is equipment suspected to contain PCBs across the country. It is not practical and too expensive to replace all of this equipment given Tanzania s financial resources. Tanzania lacks destruction facilities to deal with PCBs, however it is challenging to transport PCBs for treatment and there are risks that leaks will compound the problem of pollution. Special technology is needed to ensure the safe destruction of PCBs. Tanzania s National Implementation Plan noted a number of other gaps in the country s management of POPs, including: insufficient policies and legislation to address all aspects of managing and monitoring POPs, alternatives to POPs and liability for improper disposal of POPs waste and remediation of sites contaminated with POPs; inadequate enforcement of existing legislation on management of POPs; lack of guidelines on managing POPs waste and remediating sites contaminated with POPs; weak capacity to document and monitor the impacts of POPs on human health and the environment; lack of research on alternatives to intentionally produced POPs; inadequate capacity to facilitate coordination and reporting on issues concerning POPs; and lack of public information dissemination, education and awareness. 10

11 Commitments in National Implementation Plan to Strengthen Legal and Institutional frameworks The main priorities for implementing the Stockholm Convention, as identified in Tanzania s National Implementation Plan, are: the strengthening of legal and institutional frameworks for managing POPs and chemical pollutants; the establishment of mechanisms to monitor POPs and other chemical pollutants; the enhanced transfer of appropriate technologies to control POPs releases; and the improvement of public information, awareness and education. Tanzania s National Implementation Plan commits to measures intended to strengthen legislative and regulatory control of POPs in a number of areas, along with other measures to strengthen capacity for implementing obligations. POPs Pesticides Tanzania has committed to reviewing its existing legislation to ensure that it is consistent with the requirements of the Stockholm Convention in relation to the management of production, use, stockpiles and wastes of POPs pesticides. In particular, it will review the Plant Protection Act to identify gaps in relation to the identification and quantification of stockpiles. Tanzania has committed to strengthening and introducing: legal provisions governing POPs pesticides in relation to their production, screening, import, use and disposal; legal provisions on the identification, liability, and management of contaminated sites; enforcement mechanisms to promote safe handling and disposal of POPs pesticides, including liability for wastes and contaminated sites; and legal provisions to require efforts to promote public awareness about health and environmental risks of POPs pesticides. Tanzania will also introduce legal requirements to ensure monitoring of POPs pesticide releases and their effects to human and environment, as well as provisions to regulate the transport, fate and transformation of POPs pesticides in the environment. 11

12 The government also intends to develop guidelines and mechanisms to promote proper management and control of stocks and stockpiles of POPs pesticides, wastes and contaminated sites. Tanzania will also take measures to prevent unnecessary stockpiling of pesticides and illegal trafficking, and to improve the identification of pesticides with POPs characteristics, screening of candidate POPs pesticides, and research and development of alternatives to POPs pesticides. PCBs and Equipment Containing PCBs The National Implementation Plan makes a commitment to establish a legal and institutional framework to assist in addressing the problem of PCBs and equipment containing PCBs in Tanzania. The country intends to establish legislation and enforcement regimes to deal with PCBs, and to strengthen institutional capacity to manage PCBs in an environmentally sound manner. Tanzania will also establish: mechanisms for monitoring, control and management of releases of PCBs and sites contaminated with PCBs; schemes for cleanup and remediation; an updated inventory of stockpiles, products and wastes containing or contaminated with PCBs; and programmes for raising awareness on PCBs. Use of DDT Tanzania makes a commitment in its National Implementation Plan to review its legislation and guidelines for DDT management, acknowledging that it currently has inadequate legal provisions to control the production, import, use and screening of DDT. It plans to review the Plant Protection Act and its regulations in order to: strengthen enforcement mechanisms to ensure that DDT is properly managed; address issues of responsibility and liability for DDT in wastes and contaminated sites; increase monitoring of imports by appropriate institutions to prevent unnecessary stockpiling of DDT; develop guidelines for the management of DDT and DDT wastes; build awareness of the impacts of DDT on human health and then environment, and of government measures to eliminate DDT; and 12

13 provide for adequate control and management of DDT for public health use. Tanzania indicated in its report submitted in the first round of Party reports that it intends to reintroduce DDT for use in indoor residual spraying for epidemic prone diseases, in accordance with World Health Organization guidelines. It has registered for an exemption, pursuant to Article 4 of the Stockholm Convention. Reduction of Releases from Unintentional Production of PCDDs and PCDFs Tanzania has committed to adopting laws and policies to achieve reduction of the formation and release of PCDDs and PCDFs. It identified that its policies and legislation did address issues related to PCDDs and PCDFs, and that it also lacked the human resources and infrastructure needed to manage PCDD and PCDF releases. Tanzania intends to review and update policies and laws in order to include provisions on the management of PCDDs and PCDFs. This will include developing emission standards, monitoring schemes and a mandatory mechanism for communications about PCDD and PCDF releases. The government will take steps to create public awareness on sources of PCDDs and PCDFs and their effects on human health and the environment. Tanzania plans to incorporate into law the public s right to know, and right to a clean and safe environment. To improve its institutional framework for managing PCDD and PCDF releases, Tanzania will take the following measures: streamline the jurisdictions and mandates of regulatory authorities in different departments to eliminate overlap and duplication; establish a mechanism to coordinate the management of releases among departments; and develop and deliver training programmes on the management of PCDDs and PCDFs. Releases From Stockpiles and Wastes In its National Implementation Plan, Tanzania recognizes that its legal framework is not adequate to manage sites that are contaminated with POPs. As a result, contaminated sites lead to the release of POPs pesticides into the environment. There are also problems with enforcing existing applicable legislation, especially the requirement to dispose properly of wastes after receiving approval from the authorities. Tanzania also identified that it has no process for registering contaminated sites. 13

14 Tanzania has committed to address these deficiencies by amending its laws to provide a framework for the identification and registration of contaminated sites and sites likely to become contaminated. After these sites have been registered, the owners could be required to monitor the condition of the sites and submit periodic reports. It is anticipated that the register of contaminated sites will: create a comprehensive inventory of contaminated sites across Tanzania; allow for the preparation of risk assessment plans to determine health and environmental risks related to the contaminated sites; allow for the preparation of appropriate contingency plans for the contaminated sites; provide a source of information on procedures to remediate contaminated sites in an environmentally sound manner; and provide information to guide future development, such as the location of new projects and activities. In addition to the establishment of the register of contaminated sites, Tanzania intends to strengthen enforcement regimes in relation to sites contaminated with POPs, and institutional capacity to deal with those sites. The country will also establish mechanisms for clean up and remediation of sites. Monitoring Levels and Elimination of POPs Tanzania makes a commitment in its National Implementation Plan to improve laws and regulations to support the monitoring of POPs in the country. It recognizes that it has limited legal requirements for monitoring the levels and impacts of POPs in stockpiles, wastes, equipment and the environment. There is also limited institutional capacity for monitoring POPs due to a lack of skills, equipment and financial resources. Tanzania intends to develop a comprehensive program for monitoring POPs, including regulations to establish standards, procedures and guidelines and to govern monitoring. It also plans to strengthen institutional capacity to undertake and coordinate monitoring for POPs releases. 14

15 Strengthening Legal and Institutional Frameworks since signing the Stockholm Convention Legislative and Policy Reform Environmental Management Act, 2004 The Environmental Management Act, enacted in November 2004, sets out a broad legal and institutional framework for sustainable environmental management, and introduces principles to guide environmental management, impact and risk assessments, prevention and control of pollution, waste management, environmental quality standards, public participation, compliance and enforcement. The Environmental Management Act requires each relevant ministry to carry out the legal and administrative measures needed to reduce or eliminate releases of intentionally produced POPs through production, use, import, export and disposal, to fulfill the obligations of the Stockholm Convention. The Act specifically provides for the control and management of current and future POPs to fulfill the obligations of the Stockholm Convention to eliminate releases of POPs. The Act also provides for implementation of the National Implementation Plan by various sector ministries and for annual reporting on progress. The Act provides the authority to make regulations on the management of POPs releases, to achieve: compliance with international obligations; promotion of alternatives to POPs; disposal of obsolete stocks of POPs; and imports and exports of POPs chemicals. The Environmental Management Act puts in place a process for the development of environmental standards and limits for the discharge and release of pollutants to the receiving ecosystem. The Act requires safe transportation of POPs and other toxic chemicals, and provides for compensation, clean-up and emergency response to address spills and accidents, along with the development of national, city, municipal, town and village contingency plans. The Environmental Management Act has also attempted to address gaps and deficiencies in Tanzania s contaminated sites regime, by setting out requirements for the management and remediation of contaminated sites. Authority is provided to make regulations governing the clean up of contaminated sites and inactive hazardous waste disposal sites. The Act provides the public with the right to be given timely notice and to participate in decisions on the development of environmental laws, regulations, policies, strategies, plans and programmes. The Act also provides a mechanism for implementation of the 15

16 National Environmental Policy, requiring relevant sectors to submit annual reports on their actions in relation to the National Implementation Plan. Industrial and Consumer Chemicals (Management and Control) Act The 2003 Industrial and Consumer Chemicals (Management and Control) Act governs the management and control of the production, import, transport, export, storage, sale and disposal of industrial and consumer chemicals in Tanzania. The Act includes provisions on the registration, restriction, prohibition and inspection of chemicals, and establishes the Chemicals Management and Control Board to manage and control industrial and consumer chemicals in Tanzania. The Act requires listed chemicals to be registered, with the exception of new chemicals that may be authorized for limited uses relating to science and education. Before being imported into Tanzania, chemicals must be assessed by the Chief Government Chemist. The producer, marketer, importer or exporter of a chemical may apply for registration, and must provide information about the composition of the chemical, its intended use, packaging materials, potential dangers to human health and the environment, instructions for safe handling and the process for proper disposal or treatment. A chemical must conform to the requirements of the Act to be approved for registration. Once registered, chemicals are subject to record-keeping and reporting provisions. The Act also includes a range of provisions on the management of industrial and consumer chemicals that address safe handling, chemical wastes, accidents, spills, the clean up of contaminated sites and the decommissioning of plants. Under the Industrial and Consumer Chemicals (Management and Control) Act, Tanzania s Chemicals Management and Control Board must restrict, severely restrict, ban or phase out chemicals that are: dangerous to humans or the environment; highly toxic, highly hazardous, persistent or biologically accumulative; poisonous to humans or animals with no effective antidote; severely restricted by a national or international convention or treaty; and subject to action under an international convention or treaty ratified by Tanzania. Some of these chemicals may be registered with restrictive conditions. These chemicals are listed in the Eighth Schedule of the Act and include PCBs. Therefore, the Industrial and Consumer Chemicals (Management and Control) Act does address some aspects of the management of PCBs through conditions to reduce the risk of exposure. However, the Act does not include specific provisions for the elimination of PCBs in accordance with the requirements of the Stockholm Convention. 16

17 The Act regulates DDT as a consumer chemical, but does not limit DDT use to public health. PCBs are listed as one of the chemicals to be restricted, banned or phased out in the Eighth Schedule under the Act. National Strategy for Growth and Reduction of Poverty Tanzania s 2004 National Strategy for Growth and Reduction of Poverty is a framework policy that seeks to achieve the country s vision for development. It is committed to the Millennium Development Goals of reducing poverty, hunger, disease, illiteracy, discrimination against women, and environmental degradation. The Strategy sets out goals, targets and strategies in three areas, including improvement of quality of life and social wellbeing, within which the issue of management of POPs falls. Institutional Reform Institutions under the Environmental Management Act The Environmental Management Act sets out the duties and functions of various institutions in relation to the management of chemicals, including POPs. Many of these institutions are charged with coordinating work on environmental policy broadly, and chemicals management in particular. For example, the Director of Environment is responsible for coordinating environmental management activities undertaken by a variety of other agencies. The Director also advises the government on legislative and other measures to manage the environment and implement international environmental agreements. The National Environment Management Council has responsibility for, among other duties: undertaking and coordinating research and investigation on the environment, and collecting and disseminating information about their findings; and enforcing compliance of the national environmental quality standards. An environmental section has been established within each government sector Ministry to: ensure compliance by that Ministry with the requirements of the Environmental Management Act; ensure that environmental requirements in all laws administered by that Ministry are implemented and reported on to the Director of Environment; ensure that environmental concerns are integrated into the Ministry or departmental development planning and project implementation to achieve protection of the environment; 17

18 collaborate with other institutions or agencies, evaluate existing and proposed policies and legislation, and recommend measures to ensure that policies and legislation take account of impacts on the environment; and ensure compliance with regulations, guidelines and procedures issued by the Minister. In addition, the Act requires that each Local Government Authority appoint an Environmental Management Officer to ensure enforcement of the Environmental Management Act within every local government region. Institutions under the Industrial and Consumer Chemicals (Management and Control) Act The Industrial and Consumer Chemicals (Management and Control) Act establishes the Chemicals Management and Control Board, which is responsible for the management and control of all industrial and consumer chemicals in Tanzania. The Chief Government Chemist acts as Registrar and has responsibility under the Act for scrutinize applications to introduce chemicals into the country. 18

19 Capacity Building for Implementation of the Stockholm Convention Tanzania s National Implementation Plan identifies a number of challenges to its capacity to manage and control POPs. Some of these challenges have been noted above, and may be summed up here as including: an inadequate legislative and policy regime; weak institutions in relation to both human resources and technical infrastructure; low capacity among end users of pesticides; a lack of facilities capable of the proper disposal of wastes and stockpiles consisting of, containing or contaminated with POPs; limited financial and technical resources for the remediation of contaminated sites; a lack of monitoring ability for POPs releases; limited capacity to assess the impacts of POPs on human health and the environment; inadequate enforcement of laws regulating POPs, due to a lack of trained staff and tools; insufficient use of Best Environmental Practices and Best Available Techniques for the reduction of unintentional releases of POPs; and low awareness in the general public of the issue of POPs. Tanzania has received capacity-building assistance in relation to its obligations under the Stockholm Convention from a number of sources. The Global Environment Facility provided Tanzania with financial and technical support through the United Nations Industrial Development Organization (UNIDO) to assist in the preparation of its National Implementation Plan. UNIDO provided support for training to develop Tanzania s Action Plan under the Convention, and for review of the National Implementation Plan at different stages. The United Nations Environment Programme (UNEP) also provided training assistance for Tanzania s inventory of POPs chemicals and Action Plan development through workshops. The United States Environmental Protection Agency and the Environmental Council of Zambia both shared expertise concerning PCB inventories and management. 19

20 Tanzania has also received support in capacity building on chemicals management that has not been directly related to the Stockholm Convention. Tanzania is engaged in the African Stockpiles Programme, supported by the World Bank and other partners, which is endeavouring to dispose of approximately 1000 metric tonnes of obsolete pesticides and support the development of measures to prevent the accumulation of stockpiles in the future. In another example, UNITAR and the International Programme on Chemical Safety provided training and workshop on chemical safety to stakeholders involved in chemicals management in

21 Summary Prior to the Stockholm Convention, Tanzania had in place several laws and policies directed to the management of chemicals broadly, although none were specifically directed at regulating POPs. The primary piece of legislation, which addressed the regulation of pesticides, was the Plant Protection Act. Tanzania recognized that its laws and policies do not meet all of the obligations of the Stockholm Convention. The laws governing different sectors of chemical management were not well coordinated and had conflicting functions. Tanzania saw the need to review, harmonize and streamline these laws and establish improved enforcement programs. Tanzania identified the importance of strengthening its legal framework for managing POPs and chemical pollutants, as well as its institutional capacity for implementing its obligations. Since signing the Stockholm Convention, Tanzania has enacted significant new legislation with specific provisions aimed at governing POPs, including the Environmental Management Act and the Industrial and Consumer Chemicals (Management and Control) Act. Tanzania has benefited from capacity building assistance to support its efforts to comply with the obligations of the Stockholm Convention thus far. 21

22 References Environmental Management Act, 2004 Industrial and Consumer Chemicals (Management and Control) Act, 2003 Plant Protection Act, 1997 Stockholm Convention On Persistent Organic Pollutants National Report Pursuant To Article 15, submitted July 31, 2007 UNEP, Compendium of Environmental Laws relating to Chemicals and Waste Legislation of Selected Countries of Africa, (Advance copy), The United Republic of Tanzania, National Implementation Plan (NIP) for the Stockholm Convention on Persistent Organic Pollutants (POPs), December 2005 The United Republic of Tanzania, National Profile to Assess the National Infrastructure for Managing Chemicals, September