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APPLICATION AND INSTITUTIONALIZATION OF ENVIRONMENTAL IMPACT

ASSESMENT AND ENVIRONMENTAL AUDIT IN THE EAST AFRICAN

COMMUNITY

BY

CAXTON GITONGA KAUA

Caxtonk2008@yahoo.com

WANGARI MAATHAI INSTITUTE FOR PEACE AND ENVIRONMENT STUDIES

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APPLICATION AND INSTITUTIONALIZATION OF ENVIRONMENTAL IMPACT

ASSESMENT AND ENVIRONMENTAL AUDIT IN THE EAST AFRICAN

COMMUNITY MEMBER COUNTRIES

Introduction

Environmental impact assessment is the systematic and critical examination of the effects of a

project on the environment so as to provide the information to relevant authorities for decision

making. Environmental audit on the other hand is the undertaken in order to ensure that the

provisions made under the environmental impact assessment for managing impacts emanating

from a project are adhered to, check for any new impacts and make recommendations for

improvement of the project activity.

The current development activities in East Africa call for adoption of environment impact

assessment and audit. This is so as to ensure that this development is done in a sustainable manner.

The fact that the East African partner states share many resources with each other also calls for a

concerted effort towards development of environment impact assessment and audit process. This

also calls for recognition of global developments with an aim of ensuring that environmental

management and assessment is carried out in manner that is in tandem with global trends.

This paper aims to study the application and institutionalization of environment impact assessment

and audit in the East African community partner states. It starts with a general description of the

environmental impact assessment and audit process. This is followed by an elaboration of its

history and evolution over time. The paper then goes on to look at the policy, legal and institutional

frameworks that guide environmental impact assessment and audit process in East Africa.

The legal and policy review begins at the global level. This looks at the various international

treaties relevant to environmental impact assessment and audit that the East African partner states

are party and the environmental assessment policies of key financial institutions operating in the

region. The paper then reviews the legal and policy framework at the regional level in order to

gain a deep understanding of the provisions for harmonization of environmental impact assessment

and audit in the East African region.

Policy and legal frameworks for environmental impact assessment and audit in individual East

African community countries including: Uganda, Tanzania, Rwanda, Burundi and Kenya are the

looked into. The institutional frameworks for the conduct of environmental impact assessment and

audit in these countries are also reviewed. The paper winds up by identifying some of the

challenges facing environmental impact assessment and audit process among the East African

community partner states.

Environmental Impact Assessment and Environmental Audit process

Environmental impact assessment is an effort to anticipate, measure and weigh the socioeconomic

and biophysical changes that may result from a proposed project (Schulter et al, 2005).

Environmental impact assessment encompasses a range of techniques including health impact

assessment, risk assessment and social impact assessment (EAC, 2005). EIA improves decision

making and ensures that development options under consideration are environmentally, socially

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and economically sound (Schulter et al, 2005). The process assists decision makers arrive at a

proper decision on whether to allow the implementation of a proposed project (Government of

Kenya, 2014).

EIA helps in: improving the credibility and corporate image of the organization, enabling

financiers of projects to assess the viability and legality of projects, ensuring the safety of both the

worker and the public and allowing public participation in projects (Kasimbazi, 2009). It also

enables weighing of the environmental effects of a project on a common yardstick as that of

economic benefits and costs, maintenance of ecosystem structure and function, enabling

sustainable development that optimizes resource use, identification of best project alternatives and

recommendation of appropriate modifications that integrate economic, social and environmental

concerns (Kasimbazi, 2009).

It does this by identifying, predicting and evaluating the foreseeable impacts of proposed

development activities and identifying their mitigation measures with an aim of minimizing the

negative impacts while optimizing the positive ones (EAC, 2005). In order for EIA to effectively

incorporate environmental concerns at the project level, it needs to be carried out as early as at the

project planning stage. This should be done as part of the project feasibility study with the aim of

ensuring its environmental feasibility (EIPL, 1999).

The typical EIA process starts with screening to check for those projects that actually require it.

This is then followed by scoping whereby the project is reviewed to identify its impacts (DANIDA,

2001). After this there is preparation of the terms of reference for the study, preparation of an EIA

process work plan and carrying out of the environmental impact assessment study. This is then

followed by EIA reporting, EIA review, EIA decision making and finally post EIA monitoring and

audit (DANIDA, 2001).

To achieve its end, EIA also needs to ensure stakeholder participation, multidisciplinarity and

focus on process rather than just the production of the environmental impact statement (EAC,

2005). Through participation, EIA provides an opportunity to improve transparency and

accountability by involving all stakeholders at the early planning phases of the project (Fitz-

Patrick, 2008). Public participation in EIA process also ensures that the process is open, utilizes

valuable information from the community as appertains to key impacts, potential mitigation

measures and project alternatives (COMESA, 2013).

It ensures that the proposed project meets the needs of the community, is legitimate, addresses

conflicts proactively, assists in informed decision making, promotes better project implementation

and enlightens the community on the positive and negative impacts arising from a proposed project

(COMESA, 2013). Public participation enables a better understanding of community perceptions

regarding the proposed activity in order to better resolve issues and attain consensus (Bond et al,

2004).

Public participation in EIA process therefore has the benefit of: avoiding future liabilities, learning

about the cost effectiveness and environmental soundness of the project from the local community

and building societal respect for environmental law (Kahangiriwe, 2012). It fosters moral and

social values for environmental quality and positive personal relationships (Kahangiriwe, 2012).

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History of Environmental Impact Assessment and Environmental Audit

EIA process has over the years emerged as a key policy instrument for environmental protection

(Pallangyo, 2010). The process started in the United States of America in 1969 with the enactment

of the national environmental protection act which came into law in 1970 (Schulter et al, 2005 ).

This was in response to the increasing public concern about the quality of the environment and the

greater impacts of new emerging technologies and larger development schemes (Kasimbazi,

2009). More so the then available economic appraisal techniques such as cost benefit analysis did

not take into account the environmental and social impacts of development projects. The crafters

of the NEPA, 1969 therefore aimed for the environmental impact statement to be an action forcing

mechanism which would change the way government decisions were made in the USA

(Kasimbazi, 2009).

Between 1970 and 1975 EIA was being used with a focus on sufficient description and prediction

of ecological and land use changes. During this time formal opportunities were established with

emphasis on accountability and control of project design and mitigation (Schulter et al, 2005).

Between 1975 and 1980 multidimensional EIA incorporating social impact assessment of changes

in services, community and lifestyles emerged. Public participation became an integral part of

project planning and EIA required risk analysis of facilities and new technologies to be undertaken

(Schulter et al, 2005). Between 1980 and 1992 there was establishment of better linkages between

EIA, policy planning and implementation. This period saw great emphasis being placed on

research and monitoring and evaluation procedures (Schulter et al, 2005 ).

International instruments and national laws have now imposed EIA requirements that are

increasingly broad in scope and detailed in their requirements and provisions (Kasimbazi, 2009).

To date several countries have taken measures to implement EIA through binding national

legislation. Although EIA practices differ among countries, reference to EIA is being built into

international and national environmental laws and policies as a component of sustainable

development (Kasimbazi, 2009).

History of Environmental Impact Assessment and Environmental Audit in the East Africa

Community

In Kenya, the environmental management and coordination act, the legal framework responsible

for environmental management came into effect on 14th/January/2000 setting the stage for the start

of EIA practice. EIA regulations came into effect on 13th/June/2003 (Kasimbazi 2009). In Rwanda

the national environmental policy was established in 2002 also setting the stage for EIA practice

in Rwanda (EAC, 2011). In Uganda the legal framework for environmental management was put

in place in 1999. This paved the way for EIA legislation leading to EIA in guidelines in 1998

(EIPL, 1999).

Tanzania actually started undertaking EIA in the 1980s and the process has since evolved slowly.

The current environmental framework in Tanzania was passed in 2004 (Kasimbazi, 2009). In

Tanzania the environmental framework providing for conduct of EIA was passed in 1999 (EAC,

2014). In Burundi the environmental framework was passed in 2000 with the supplementary EIA

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implementing decree and ministerial decision being passed in 2010 and 2013 respectively (NEIR,

2015).

Ugandas, environmental governance frameworks have therefore been in place for a longer period

as compared to the other EAC states (Kimani, 2010). This is partly due to efforts of post war

reconstruction which gave leeway for expansion of opportunities for previously marginalized

groups. A vibrant civil society had emerged following years of struggle against authoritarianism

(Kimani, 2010). However some quarters have argued that this good image only appeared on paper

with the reality being a completely different scenario (Kimani, 2010).

East African Community Environmental Impact Assessment and Environmental Audit legal

and policy frameworks

In East Africa the provision for EIA is made through legislation and policy frameworks

(Kasimbazi, 2009). These frameworks are essential instruments in achieving sustainable

development in East African countries (EAC, 2014). This calls for increased commitment by East

African countries in the application and institutionalization of their environmental assessment legal

frameworks. Major gaps in these legal frameworks still exist in the East African region hence

affecting effectiveness of environmental assessments (EAC, 2014).

All the EAC partner states advocate for the passage of environmental laws and policies that

guarantee sound management of the environment and natural resources sustainably. These laws

and policies which cut across various sectors of the partner states generally speak in harmony with

principles advocated by both international and regional legal instruments (EAC, 2014). The

similarities between the environmental laws and policies in the EAC therefore override the

divergences (EAC, 2014). The partner states also try to some extent to incorporate environmental

issues albeit in the preambles of their constitutions with the more recent ones such as the new

Kenyan constitution being more progressive in articulating these issues (EAC, 2014).

Generally speaking the first founding members of the EAC, i.e. Kenya, Uganda and Tanzania,

differ much less in their environmental legislations. This is partly due to historical reasons and

also the memorandum of understanding on environment the three nations signed in 1998 (EAC,

2014). The environmental legislations of the three countries also borrow heavily from those of

Uganda which was the pioneer in enactment of framework environmental laws (EAC, 2014).

Given the fact that the EAC partner states share various resources, there is actually need for

common environmental frameworks in addition to the individual partner states (EAC, 2005). This

is based on the fact that currently important developments are occurring in some of East African

communitys’ shared ecosystems which have environmental impacts (EAC, 2005) whereas the life

of East Africans is intimately connected to their environment (Kahangirwe, 2012). It is based on

these facts that the East African community has developed various regional legislations that guide

EIA process especially of a transboundary nature (EAC, 2005).

Various international environmental treaties that are applicable or binding to East African states

are also very relevant to EIA process (EAC, 2014). More so various financial institutions have

EIA requirements hence regulations that are also relevant to East African countries (Kasimbazi,

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2009). The operational policies of the financial institutions although different in certain respects

do follow a relatively standard procedure for the preparation and approval of EIA reports. Their

policies and arrangements are especially important in countries that have weak or nonexistent

domestic arrangement (Kasimbazi, 2009).

International environmental treaties related to Environmental Impact Assessment and

Environmental Audit and binding to the East African Community partner states

The 1991 Espoo convention on environmental assessment in a transboundary context aims at

preventing, reducing and controlling all the adverse transboundary environmental impacts from

proposed activities (United Nations, 1991). This is by establishment of an EIA procedure that

permits public participation. The convention requires parties to individually or jointly take all

appropriate and effective measures to prevent, reduce and control significant adverse

transboundary environmental impacts from proposed activities; apply the principles of EIA to

policies, plans and programs (article 2) and submit the EIA documentation to the competent

authority of the party of origin (United Nations, 1991).

In addition to this, the Espoo convention requires the party of origin to furnish the affected party

as appropriate through a joint body where one exists with the environmental impact assessment

documentation (article 4); the party of origin to make consultation on the potential transboundary

impact of the proposed activity and measures to reduce or eliminate its impacts through an

appropriate joint body where one exists (article 6) and lastly carry out a post project analysis taking

into account the likely significant adverse transboundary impact of the activity for which an

environmental impact assessment is required (United Nations, 1991).

The convention on the protection and use of transboundary and international lakes of 1992 on the

other hand is intended to strengthen national measures for protection and ecologically sound

management of transboundary surface and ground waters. It obliges parties to prevent, control and

reduce pollution from point and nonpoint sources (United Nations, 1992). It also includes

provisions for monitoring, research and development, consultations, warnings and alarm systems,

mutual assistance, institutional arrangements and the exchange and protection of information.

Article 3 of the convention calls for the application of EIA and other means of assessment for the

prevention, control and reduction of transboundary water courses and international lakes (United

Nations, 1992).

The convention on biological biodiversity has three objectives which have implications for EIA.

These include: to conserve biological resources fairly and equitably (article 1). The CBD requires

parties to use EIA effectively to avoid or minimize significant adverse impacts on biodiversity

(article 14) and to promote consultation on activities that are likely to adversely affect areas beyond

the limits of national jurisdiction by encouraging the conclusion of bilateral, regional or

multilateral agreements as appropriate (United Nations, 1992b).

The I971 RAMSAR convention and the protocols thereunder also has provisions for EIA on

activities to be conducted on wetlands. Article 3.1 requires contracting parties to formulate and

implement their planning so as to promote the conservation of wetlands included in the list and as

far as possible the wise use of wetlands in their territory (United Nations, 1971). Article 3.2

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requires parties to arrange to be informed at the earliest possible time if the ecological character of

any wetland in its territory and included in the list i.e. wetland of international importance has

changed, is changing or is likely to change due to technological developments, pollution or other

human interference (United Nations, 1971).

Resolution VII.16 of the RAMSAR convention adopted at the seventh conference of the

contracting parties also calls upon contracting parties to ensure that projects, plans, programs and

policies with the potential to alter the ecological character of wetlands are subjected to rigorous

EIA process including public involvement of local communities (United Nations, 1971). The

convention provides further that contracting parties with shared wetlands and rivers encourage

cooperative approaches to EIA with neighboring countries. The EIA in this case should address

both the site (wetland) of the proposed development and other external elements such as upstream-

downstream influences having regard to interactions between all components of water systems at

the catchment level (United Nations, 1971).

The UNEP principles on shared resources, 1978 in principle require states to undertake

environmental assessments before engaging in any activity with respect to natural resources which

may create a risk or significantly affect the environment (United Nations, 1978). The convention

concerning the protection of the world cultural and natural heritage (United Nations, 1972) in

article 5 requires effective measures to be taken. This should include assessments of the feasible

project alternatives to prevent or minimize or compensate for adverse impacts and assess the nature

and extent of potential impacts on these resources and the designing of mitigation plans (United

Nations, 1972).

The Basel convention, 1989 on transboundary movement of hazardous wastes overall goal is to

protect, by strictly controlling human health and the environment against the adverse effects which

may result from the generation of transboundary movement and management of other waste

(United Nations 1989). More so the Bamako convention on the ban of the import into Africa and

control of the transboundary movement of hazardous wastes within Africa of 1991 aims to protect

human health and environment from dangers posed by hazardous wastes by reducing their

generation to a minimum in terms quantity and/or hazardous potential (African Union, 1991)

The convention on migratory species, 1979 in article 3.4 requires parties to undertake appropriate

actions to prevent the endangering of migratory species. In this regard EIA serves as an important

tool for implementation of article 3.4 on the protection of migratory species specified in appendix

1 of the convention (United Nations, 1979).

The UNFCCC requires parties to avoid adverse effects on the environment and adapt measures

and policies to control carbon dioxide emissions in technologies. They are required to take climate

change considerations into account to the extent feasible in their relevant social, economic and

environmental policies and actions (United Nations, 1992c). They should employ appropriate

methods such as impact assessment formulated and determined nationally with a view of

minimizing adverse effects on the economy, public health and quality by projects. This includes

the adverse impacts of measures incorporated in projects aimed at mitigating or adapting to climate

change (United Nations, 1992c).

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Principle 17 of the Rio declaration to which the East African community states subscribe to states

that EIA as a national instrument shall be undertaken for proposed activities that are likely to have

significant adverse impacts on the environment and are subject to a decision of a competent

national authority (principle 17) (United Nations, 1992d). Chapter 8 of agenda 21 requires

comprehensive analytical procedures and simultaneous assessments of the impacts of decisions

including impacts within and among economic, social and environmental spheres. The procedures

used should extend beyond the project level to policies, plans and programs (United Nations,

1992c).

Financial institutions Environmental Impact Assessment and Environmental Audit policies

relevant to the East African Community partner states

The world banks environmental assessment policy includes the operational policy 4.01 and the

banks procedures 4.01 also known as the (OP/BP 4.01). This policy applies to all World Bank

lending operations (World Bank, 2013). The policy is seen as the backbone of the banks safeguard

policy corpus. The world bank environmental assessment policy is designed as a tool for making

sure that projects proposed for the banks financing are environmentally sound, improve project

performance and enhance their overall quality and sustainability. Environmental assessment is

applied as one of the ten environmental safeguard policies of the bank. According to the bank

environmental assessment should be a process rather than a specific product. It is seen as a tool for

improving the quality and sustainability of proposed projects (World Bank, 2013).

The African development banks policy on environmentally sustainable development in Africa is

the 2004 bank group policy on the environment. It acknowledges the need to preserve and enhance

ecological capital to sustain and enrich economic growth in Africa 9AfDB, 2004). The main goals

of the policy include to: promote longterm view and perspective of social and economic

development; stop impoverishment process in Africa by enhancing access of the poor to

environmental resources; sensitize policy makers on environmental issues; to bring about

institutional changes to achieve sustainable development; to reinforce international and regional

partnerships and to coordinate interventions on sustainable development (AfDB, 2004).

Two procedural guidelines that are key to the African development bank policy on

environmentally sustainable development in Africa are the strategic impact assessment guidelines

and the integrated environmental and social assessment guidelines. The strategic impact

assessment guidelines assist in evaluating the environmental consequences of any proposed policy

or program. It is also a tool for assessing the social and environmental sustainability of policy

based lending, structural adjustments and sector investment lending (AfDB, 2003). The integrated

environmental and social assessment guidelines on the other hand are designed to ensure the

inclusion of environmental and social issues in bank projects throughout the project cycle. They

provide guidelines for sector specific issues and impacts that should be taken into account during

the preparation and assessment phases of a project (AfDB, 2003b).

The Equator principles are a set of environmental and social benchmarks for managing

environmental and social issues in development projects finance globally. The principles requires

that for all medium and high risk projects i.e. category A and B projects, sponsors should complete

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an environmental impact assessment the preparation of which must meet certain requirements and

satisfactorily address key environmental and social issues (principle 2) (EPFI, 2013). Principle 3

requires that for risky projects, the borrower has to consult with stakeholders and provide them

with information on the risks of the project (EPFI, 2013).

East African Community regional Environmental Impact Assessment and Environmental

Audit legal and policy frameworks

The East African community treaty, 1999 call for the establishment of common EIA guidelines

for the member states. Article 112 of the treaty endears all the partner states to cooperate in all

issues of environment and natural resources management through integration of their

environmental management and conservation measures in all their national development plans and

activities. (EAC, 1999) The treaty requires the partner states to cooperate in preserving, protecting

and enhancing the quality of the environment and ensure sustainable utilization of shared natural

resources. Article 151(1) of the treaty mandates the partner states to conclude such protocols as

may be necessary in each area of cooperation and integration. It is on the basis of this directive

that the EAC treaty therefore provides for the setting up of regional environmental assessment

guidelines for the management of Transboundary ecosystems in East Africa (EAC, 1999).

The protocol for the establishment of the East African community customs union under article 38

takes cognizance of the need to enter into a protocol on environment and natural resource

management (EAC, 1999b). It spells out the objectives and scope of cooperation and institutional

mechanisms recognizing the fact that the environment and natural resources form the backbone of

the communitys’ sustainable development (EAC 1999b).

The East African protocol on environment and natural resources management, 2006 also provides

the basis for the institution of regional guidelines for Transboundary EIA in partner states. It seeks

to promote sustainable development and utilization of the EAC environment and natural resources

in a manner that is not detrimental thereto (EAC, 2006). It promotes development and

harmonization of policies, laws and strategies for environment and natural resource management

to support sustainable development. It espouses various principles on the basis of which the EAC

states should manage their environment and of which are relevant to EIA including the principal

of public participation, prior informed consent, the polluter pays principle, the user pays principle,

the precautionary principle and the principle of EIA and audit (EAC, 2006).

The East African community Transboundary act, 2000 requires in article 12 that every person

intending to use a shared Transboundary ecosystem within their territory for purposes other than

domestic use or who intends to set up a project in such an ecosystem to obtain a permit from the

relevant competent authority within the partner state (EAC 2000). If such an activity or project is

determined as likely to have a significant impact on the Transboundary ecosystem it shall be

subjected to an EIA. The EIA must provide means of dealing with the impacts of the project in

accordance with the EIA guidelines adopted by the partner states (EAC, 2000).

The Nile basin initiative environmental and social policy, 2013 aims to compliment existing

national efforts by covering the transboundary dimension of environmental and social management

in the Nile Basin (NBI, 2013). Its overarching goal is to ensure social and environmental

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sustainability of the Nile basin initiative program; provide guidance for managing transboundary

environmental and social impacts of national activities; provide support to the Nile basin countries

for protection and conservation of critical Nile environmental resources and to demonstrate

commitment of the Nile Basin initiative and Nile countries to international best practices with

regard to environmental and social management of development activities (NBI, 2013)

The Nile basin initiative environmental and social policy, 2013 espouses the principles of

subsidiarity, public participation, precautionary principle, transparency and accountability. It also

espouses the principles of social equality, gender equity, compatibility and complementarity, basin

wide cooperation and sustainable socioeconomic development (NBI, 2013). The key policy areas

of this policy includes the assessment and management of environmental and social risks and

impacts (NBI, 2013).

The protocol for sustainable development of the Lake Victoria basin, 2003 also has provisions that

are directly relevant to the management of the environment and natural resources of the community

(EAC, 2003b). In article 2 it directs partner states to cooperate in the sustainable development of

Lake Victoria. It requires partner states to develop national laws and regulations requiring

developers of projects to undertake EIA of planned activities which are likely to have significant

impacts on the natural resources of the basin (EAC, 2003b). If a project is deemed to have

significant environmental impacts, the responsible partner state is required to avail to the other

states and the secretariat the environmental impact statement for comments (EAC, 2003b). A

partner state whose such comments are not acted upon may invoke the dispute settlement

procedure stipulated in article 46 of the protocol by notifying the responsible state and secretariat

of its intention as required in article 12 (EAC, 2003b).

Based on this the East African community countries have therefore developed their environmental

assessment guidelines for shared ecosystems. These guidelines define the modus operandi for all

activities carried out in or near shared ecosystems that are likely to cause significant

environmental, health and social impacts (EAC, 2005). The guidelines also apply to all activities

carried out at cross border areas or even outside such shared areas but likely to affect indirect or

direct effects on partner states. They will also act to compliment the partner states national

frameworks for environmental assessments and also depend on their national systems for

implementation (EAC, 2005).

According to the guidelines criteria for determining whether a project has transboundary impacts

include: an activity falling within the area or area of immediate impact, activity falling outside the

core or the immediate impact area but having Transboundary effects and a policy, plan, program

or an activity whose objective is to promote regional integration (EAC, 2005). More so an activity

whose objective or impact may promote regional integration or affect valuable or vulnerable areas

including landscapes with a recognized national or international status (EAC, 2005).

The strategies for conducting a transboundary impact assessment according to the guidelines

include: preparation of a project brief i.e. screening and scoping; conducting of an environmental

impact study; conducting of an environmental impact statement review; holding of a public

hearing; decision making and monitoring and auditing (EAC, 2005). The guidelines also define

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the impact areas into three levels including the core area, the immediate impact area and the area

of influence. The cost of the transboundary EIA in the partner states are to be met by the developer.

This could be a local or foreign private sector. It could also be any two or all the governments

through the concerned agencies, ministries or departments (EAC, 2005).

East African Community country specific Environmental Impact Assessment and

Environmental Audit legal and policy frameworks

Uganda

The constitution of Uganda, 1995 has provisions for environmental management. Principle xxvii

of the constitution stipulates that the state will promote sustainable development and public

awareness on the need to manage land, air and water resources in a balanced and sustainable

manner for the present and future generations (Government of Uganda, 1995). Article 39 states

that every Ugandan citizen has a right to a clean and healthy environment. This is further

complimented by article 50 which gives any person the right to seek legal redress if his/her

fundamental rights or that of other persons are breached (Government of Uganda, 1995). Article

237(2) also requires the government to enact laws that protect and preserve the environment from

degradation (Government of Uganda, 1995).

The Uganda national environmental policy, 1994 overall goal is sustainable social and economic

development which maintains or enhances environmental quality and sustainable resource

productivity (Government of Uganda, 1994). The policy provides for the integration of

environmental concerns in national socioeconomic development planning process, avenues for

inter sectoral cooperation and comprehensive and coordinated environmental management

(Government of Uganda, 1994). It provides the framework for development of other sectoral

environmental policies. The policy considers EIA as one of the tools towards environmental

quality and sustainable resource productivity. It thus requires projects and policies likely to have

to have significant effects on the environment to be subjected to EIA (Government of Uganda,

1994).

The Uganda national environment act, 1995 is the framework law on environment. It provides for

the sustainable management of the environment and establishes the national environmental

management authority as the principal government agency for environmental management

(Government of Uganda, 1995b). The national environmental act, 1995 is based on various

principles that are key to the conduct of EIA including: the polluter pays principle,

intergenerational and intragenerational equity, public participation, precautionary principle,

international cooperation in environmental management and the need for prior informed consent

(Government of Uganda, 1995b). The act provides the Uganda environmental impact assessment

and audit regulations, 1998 to guide the conduct of EIA processes (Government of Uganda,

1995b).

The national environmental act, 1995 stipulates that an EIA be undertaken by the developer where

the lead agency in consultation with is of the view that the project may have a significant impact

on the environment (Government of Uganda, 1995b). This is imposed as an obligation in section

19 of the act. It also provides for formulation of EIA guidelines and regulations (Government of

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Uganda, 1995b). Part v(1) further provides for the establishment of environmental standards. The

act requires a proponent of a development project to pay a sum of money amounting to 0.1% of its

cost in order to get clearance by the authority through EIA process (Government of Uganda,

1995b).

The act led to amendment of various sectoral laws to make sure that they made requirements for

EIA. Most of the sectoral laws that have been enacted after 1995 in Uganda therefore have

provisions for EIA (Government of Uganda, 1995b). This has been followed by formulation of

sector EIA guidelines. Such sectors include the: energy, fisheries and water and mining sectors

(Government of Uganda, 1995b). The Uganda EIA regulations give details and guidelines on how

EIA is to be conducted in Uganda (Government of Uganda, 1998). The national environmental

audit guidelines on the other hand give details and guidelines on how environmental audits are to

be done in Uganda (Government of Uganda, 2006).

In Uganda various gaps however still exist in the EIA legal framework. These include the fact that

there are no adequate provisions for transboundary EIA and strategic environmental assessment.

There are also no provisions for regulating EIA at the local levels (Kasimbazi, 2009).

Tanzania

The constitution of Tanzania was amended in 1984 to include the bill of rights. Article 14 of the

bill of rights states that every citizen has the right to life and protection of life by society

(Government of Tanzania, 1984). The high court in the case of Festo Balegele versus Daresalam

city council interpreted this article to mean that people are entitled to a healthy environment in its

ruling (Kasimbazi, 2009). In addition to this, article 9 of the constitution requires the government

to ensure that national resources are harnessed, preserved and applied towards the common good

(Government of Tanzania, 1984).

The United republic of Tanzania national environmental policy, 1997 recognizes that development

is sustainable if it takes place within natures tolerance limits, both in the short term and long term

perspective (Government of Tanzania, 1997). It seeks to provide the framework for making

fundamental changes that are needed to bring environmental considerations into the mainstream

of decision making processes (Government of Tanzania, 1997). It calls for a coherent policy where

priorities can be defined for the promotion of long term economic growth, creating incentives for

sustainable utilization of natural resources, disincentives for environmental pollution and

degradation and for effective management of the overall environment (Government of Tanzania,

1997).

The policy realizes the fact that in order to achieve sustainable development, environmental goals

and actions have to be mainstreamed into sectoral policies and programs (Government of

Tanzania, 1997). It seeks to provide policy guidelines and plans and gives guidance for the

determination of priority actions for monitoring and regular review of policies, plans and programs

(Government of Tanzania, 1997). It further provides for sectoral and cross-sectoral policy analysis

thus exploiting synergies among sectors and interested groups (Government of Tanzania, 1997).

Chapter 4, section 64 of the policy states that it is in the context of an EIA regime that policy

guidance and choices to maximize longterm benefits of development and environmental objectives

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can be revealed and decided upon (Government of Tanzania, 1997). It further states that EIA as a

planning tool shall be used to ensure unnecessary damage to the environment is avoided. The

policy also advocates for public consultation and public hearings in EIA procedures (Government

of Tanzania, 1997.

The Tanzania environmental act, 2004 is the overarching framework for environmental

management in Tanzania (Government of Tanzania, 2004). The act through article 4 introduces a

concept of the right to a clean, safe and healthy environment for Tanzanians. It imposes an

obligation on developers to conduct EIA prior to commencement of a project to determine if it has

any negative effects on the environment (Government of Tanzania, 2004). Article 81 of the act

makes EIA mandatory for all development projects that fall under the EIA mandatory list

contained in schedule 3 of the act. Developers are also required to undertake regular audits of their

facilities (Government of Tanzania, 2004). The act also provides for the formulation of the

environmental impact assessment and audit regulations, which provide the procedure as to how

EIA will be conducted (Government of Tanzania, 2004b).

The act is comprehensive and includes provisions for institutional roles and responsibilities for

environmental management, principles of management, impact and risk assessments, strategic

environmental assessment, prevention and control of pollution, environmental quality standards,

public participation and compliance and enforcement (Government of Tanzania, 2004). It also

addresses implementation of international instruments for environmental management, state of the

environment reporting, implementation of the national environmental policy, establishment of the

national environmental trust fund and other related matters (Government of Tanzania, 2004).

The environmental management act confers the task of overall coordination of environmental

management and central support functions to the ministry of environment. This ministry is

anchored under the office of the vice president. This role is performed by the directorate of

environment within the ministry (Government of Tanzania, 2004). The environmental

management act, 2004 also establishes the national environmental advisory committee as an

advisory body to the minister on environmental issues (Government of Tanzania, 2004). The act

also provides for the continuation of the national environmental management council (Government

of Tanzania, 2004). It further provides for the establishment of the environmental regulatory body

which oversees environmental units at the district and sectoral levels (Government of Tanzania,

2004). The act therefore promotes and provides for the institutionalization of EIA in national,

sectoral, district and community levels despite there being extremely limited capacities in the latter

levels (Government of Tanzania, 2004).

The Tanzania investment act, 1997 stipulates that one of the functions of the investment promotion

center is to liaise with the appropriate agencies so as to ensure that investment projects undertaken

use environmentally friendly technologies and restore, preserve and protect the environment

(Government of Tanzania, 1997b). This thwarts unscrupulous dealers who may want to turn a

profit at the expense of the environment.

Various sectoral laws in Tanzania also provide for EIA in projects. These include the forest act

2002 and the fisheries act 2003

14

In Tanzania, various gaps still exist in the EIA legal framework. These includes the fact that there

are no adequate provisions for transboundary EIA and strategic environmental assessment. There

are also no provisions for regulating EIA at local levels. The bill of rights in the constitution does

not adequately address environmental matters. This is because it does not adequately spell out the

environmental rights that could provide for formulation of environmental laws (Kasimbazi, 2009).

Although Zanzibar is part of the mainland Tanzania under the united republic of Tanzania. It also

boasts of its own environmental legislations.

The Zanzibar environmental management for sustainable development act, 1999 is the overall

environmental framework in Zanzibar. Part 2, section 6 of the act states that every person has the

right to a clean and healthy environment and the duty to maintain it (Government of Zanzibar,

1999). In section 5 the act states that in implementing the purposes of the act, government

institutions in particular shall ensure that public works are implemented in an environmentally

sound manner and their plans must include works geared towards overall protection and

improvement of the environment (Government of Zanzibar, 1999).

Part 5 of the act under section 38 states that no person can undertake any activity which is likely

to have significant impacts on the environment without an EIA certificate issued under the act

(Government of Zanzibar, 1999). More so no licensing institution under the act shall issue a

license, permit, certificate or other form of approval to an activity which is likely to have a

significant impact on the environment unless an EIA certificate has been issued for the activity

(Government of Zanzibar, 1999). The act goes on issue general guidelines for conduct of EIA and

directs the minister to issue detailed regulations to govern EIA procedure. It further directs the

minister to invite public opinion while determining an appeal in EIA process. The act goes on to

issue a list of activities that are exempt from EIA process in Zanzibar (Government of Zanzibar,

1999).

Rwanda

The constitution of Rwanda under article 49 states that every citizen is entitled to a healthy and

satisfying environment (Government of Rwanda, 2003). The state and all citizens are charged with

the role of protecting and promoting the environment. The constitution goes on to determine the

modalities under which this duty is to be done (Government of Rwanda, 2003).

The Rwanda vision 2020 has as one of its pillars the protection and management of the

environment (Government of Rwanda, 2000). It envisages a nation where pressure on the

environment and natural resources is substantially reduced and calls for environmental protection

to meet the needs of future generations (Government of Rwanda, 2000). It gives strategic and inter

alia institutes the principles of community participation, the precautionary principle and the

polluter pays principle as well as a preventive measures to ensure that the environment is

safeguarded (Government of Rwanda, 2000). It ensures that environmental issues are integrated

into development and decision making. The vision 2020 requires EIA to be conducted for all

development projects (Government of Rwanda, 2000).

15

The Rwanda environmental policy aims to improve man’s wellbeing through proper utilization

and management of the environment and natural resources for sustainable and fair development

(Government of Rwanda, 2003b). This is to be achieved through among others the integration of

environmental aspects into all development policies and activities carried out at the national,

provincial and local levels (Government of Rwanda, 2003b). This is to be done with the full

participation of the population. It also aims to create environmental awareness among the public

and ensure community participation in environmental management (Government of Rwanda,

2003b).

The Rwanda organic law on environment, 2005 is the general legal framework for environmental

management in Rwanda. It determines the modalities for the protection, conservation and

promotion of the environment in Rwanda. The law is constituted based on the principles of the

right to live in a healthy and balanced environment, the precautionary principle, the polluter pays

principle, the prior informed consent principle and public participation (Government of Rwanda,

2005). The law provides for establishment of the Rwanda Environmental Management Authority

(Government of Rwanda, 2005).

This organic law regulates EIA in Rwanda Article 67 of the law states that every project will be

subjected to an EIA before authorization for its implementation. This requirement also applies to

all programs and policies that may affect the environment (Government of Rwanda, 2005). Article

68 of the law notes the main points that an EIA must encompass. In article 69 it stipulates that an

EIA should be examined by the Rwanda Environment Management Authority or any other person

who has the authority to do so from the agency (Government of Rwanda, 2005).

According to the organic law on environment, an EIA is to be conducted at the expense of the

proponent (Government of Rwanda, 2005). The cost of an EIA process is to be determined as a

percentage of the total cost of the development project (Government of Rwanda, 2005). The law

also gives a list of those activities for which an EIA must be carried out. More so it states activities

that are prohibited due to their deleterious effect on the environment (Government of Rwanda,

2005). The Rwanda ministerial order No. 03/2008 also establishes the list of works, projects and

activities for which an EIA is required (Government of Rwanda, 2008).

In addition to this, the organic law provides for formulation of EIA and audit regulations, 2007.

The Rwanda environmental impact assessment and audit regulations that guide the conduct of the

EIA process in Rwanda (Government of Rwanda, 2006). Article 1 of these regulations requires all

projects listed under schedule 1 of the act to be subjected to a full EIA study without which no

authorization will be granted (Government of Rwanda, 2006). Article 47 directs that the authority

on receipt of the EIA report should arrange for a public hearing within a 20 days period from the

first day of notification (Government of Rwanda, 2006). In the hearing members of the public are

to express their views and comments appertaining to the project and report. This is to be done at

the authorities cost (Government of Rwanda, 2006). These regulations are meant to ensure that all

stakeholders have a clear understanding of their roles and that laws and regulations are interpreted

correctly and consistently.

16

The Rwanda national policy on EIA, 2003 ensures the protection and sustainable management of

the environment and encourages the rational use of natural resources (Government of Rwanda,

2003c). According to the policy EIA is supposed to achieve set benchmarks and embrace

commitment to international conventions to which Rwanda is a signatory to (Government of

Rwanda, 2003c). The policy recognizes EIA as a valuable tool in the transboundary context and

provides a pretext and basis for future international cooperation and conflict resolution concerning

environmental impacts at the regional level (Government of Rwanda, 2003c).

The legal and policy framework for EIA in Rwanda however has various gaps. These include that

there is no provision for transboundary EIA (Government of Rwanda, n.d.). There is also lack of

a national association to act as a civil organization to monitor the implementation of EIA laws

(Kasimbazi, 2009).

Burundi

The current constitution of Burundi which was amended in March 2005 in article 107 recognizes

the protection of the environment and conservation of natural resources (Government of Burundi,

2005). Article 166 forbids matters that are likely to gravely affect the environment (Government

of Burundi, 2005). In article 35 it states that the state shall ensure the proper management and

rational exploitation of the countrys natural resources while preserving the environment and

conserving the natural resources for future generations (Government of Burundi, 2005). This paves

the way for formulation of laws and regulations in the field of environment.

The environmental code, 2000 of Burundi is the national framework for environmental

management in Burundi. It is a fairly comprehensive framework that covers all aspects on the

conservation of the environment and natural resources in Burundi. The law addresses the issue of

EIA among other issues. The laws calls for a participatory approach in environmental management

(Government of Burundi, 2000). Being the principle legislation on the environment, the

environmental code empowers either the minister or the president to make regulations in the form

of ministerial ordinances or presidential decrees respectively (Government of Burundi, 2005). In

article 17 and 18 it empowers the president to establish a coordination unit responsible for

environmental protection and management (Government of Burundi, 2005). Article 30 mandates

the president or minister to come up with regulations for environmental management (Government

of Burundi, 2005).

The environmental code makes EIA mandatory for new public works and land management

activities among others. Article 21 requires projects to be subjected to an EIA in order to address

their environmental impacts (Government of Burundi, 2005). Article 22 of the law states that every

proponent must prepare and submit an EIS to assess the direct and indirect impacts of their project

on the ecological balance and the quality of life of the population and impacts on the environment

in general (Government of Burundi, 2005).

The environmental code requires the EIS to include: an analysis of the initial state of the project

site and its environment; assessment of potential environmental impacts; statement and description

of mitigation measures; presentation of other possible project alternatives and the reason why the

current version was preferred (Government of Burundi, 2000). The conduct of an EIA is the

17

responsibility of the proponent with the relevant ministry playing the oversight role (Government

of Burundi, 2005). It is important to note here that EIA in Burundi is compartmentalized with the

sector under which a project falls taking the oversight role.

The environmental code has been supplemented by an implementing decree 100/22 of October

2010 on the enforcement of the environmental code in relation to the EIA procedure (Government

of Burundi, 2010). It has also been supplemented by the ministerial decision of 9/January/2013

following decree No. 770/083 on scoping in EIA process in Burundi (Government of Burundi,

2013).

Various gaps exist in the legal and policy framework for EIA in Burundi. Firstly, as afore

mentioned the conduct of EIA practice is compartmentalized with the oversight role being done

by the sector under which a proposed project falls. The constitution of Burundi also lacks adequate

provisions for environmental management e.g. the inexistence of provisions for environmental

rights. There is lack of EIA regulations to operationalize the provisions provided for EIA under

the environmental code (Kasimbazi, 2009). There are also no provisions for strategic

environmental assessment in the environmental laws. Most of the articles spelt out in the

environmental code also conflict with preexisting sectoral legislations due to lack of harmonization

(Kasimbazi, 2009)

Kenya

The constitution of Kenya provides for environmental management. Article 42 of the constitution

states that every citizen has the right to a clean and healthy environment (Government of Kenya,

2010). Article 10 and 69 recognize public participation as a principle in environmental

management and calls for the establishment of systems for EIA, environmental audit and

monitoring. The constitution also makes the protection of the environment a responsibility of every

citizen (Government of Kenya, 2010). Article 232 further outlines transparency and provision of

timely information to the public as some of its values and further binds the state agencies at

national and county levels to these values (Government of Kenya, 2010).

The Kenya environmental management and coordination act is the overall legislation on

environment in Kenya. The act in section 4 establishes the national environment management

authority as the principle organ for environmental management in Kenya (Government of Kenya,

2015). In section 58 the act sets out the need for an EIA for all project activities listed in the second

schedule (Government of Kenya, 2015).

The act also provides for the formulation of the environmental impact assessment and audit

regulations to guide the conduct of EIA in Kenya (Government of Kenya, 2015). The provision in

the act for EIA is also recognized in various sectoral laws and policies that also provide for the

conduct of EIA with some of the sectors developing their own EIA guidelines but guided by the

EMCA.

The environmental impact assessment and audit regulations operationalize the provisions of the

EMCA regarding EIA and environmental audits. The regulations provide details regarding the EIA

process, audit, monitoring and also provisions for strategic environmental impact assessment

18

(Government of Kenya, 2003). The regulations also require that where a project is likely to have

impacts of a transboundary nature then the proponent shall in consultation with NEMA ensure that

appropriate measures are put in place to mitigate any adverse impacts taking into account any

treaties and agreements that exist between Kenya and the other affected country (Government of

Kenya, 2003). The fee for EIA is to be borne by a proponent with the cost being 0.05% of the cost

of the project. This fee however must not exceed KShs 1,000,000 nor fall below KShs 10,000

(Government of Kenya, 2003).

East African Community country specific Environmental Impact Assessment and

Environmental Audit institutional frameworks

Uganda

In Uganda, the national environment management authority is charged with the role of overseeing,

coordinating and supervising environmental management. The overall goal of NEMA is to

promote sound environmental management and prudent use of natural resources in Uganda (EIPL,

1999) The authority is established under the national environment act of 1995. NEMA is

responsible for coming up with policies, laws and guidelines for environmental management in

Uganda (EIPL, 1999).

It also enforces environmental law through the department of monitoring and compliance. NEMA

therefore is the oversight authority as far as the conduct of EIA is concerned in Uganda (EIPL,

1999). Various other sectors also help oversee the conduct of EIA within their jurisdiction although

this done under the coordination and oversight of NEMA (Kasimbazi, 2009).

Tanzania

In Tanzania various institutions are involved in environmental management (NBI, 2013). The

directorate of environment under the ministry of environment based in the office of the president

is the core agency for environmental management (Pallangyo, 2007). It is responsible for

formulation of environmental policies and legislations (Mokiwa & Mwamukonda, 2015). The

national environmental advisory committee is also created to advice the minister for environment

on any environmental matters referred to it (EAC, 2014).

Thirdly we have the national environment management council established through the national

environment act, 2004. The council reviews and recommends for approval EIAs and enforces

compliance of the environmental quality standards among other functions (NBI, 2013). It’s a body

corporate entrusted to undertake enforcement, compliance and monitoring of EIA (EAC, 2014).

Under the act we also have the environmental regulatory board which oversees environmental

units at the district and sectoral levels (Pallangyo, 2007). These two are responsible for screening

projects and reviewing reports in EIA process (Pallangyo, 2007).

The Zanzibar environmental management for sustainable development act, 1999 establishes

various institutions for environment management including the revolutionary council on

environment and the department of environment under the ministry In addition to these we have

the commission of the environment and the special advisory committee all under the ministry

(Government of Zanzibar, 1999).

19

Rwanda

In Rwanda the ministry of environment is responsible for the development of policies, laws and

regulations as well coordination of all activities in the management of the environment and natural

resources and their follow up (Government of Rwanda, 2012). The Rwanda environment

management authority established under the organic law on environment, 2005 on the other hand

acts as the implementation organ for environmental projects, policies and laws in Rwanda

(Government of Rwanda, 2012). It is charged with the role of oversight over EIA process in

Rwanda (Kasimbazi, 2009). The Rwanda development board is the body charged with the follow

up of environmental impact assessment studies (Government of Rwanda, 2012).

Burundi

In Burundi the overall responsibility for environmental management and protection lies with the

ministere de l’ amenagement du territoire et de l’ environment (MINATE) (COMEASA, 2013).

The ministry is charged with the role of formulating environmental policy (COMESA, 2013). The

oversight of environmental impact assessment in Burundi lies under the jurisdiction of the

particular sector in which a proposed project lies (COMESA, 2013). The association for

environmental impact assessment (ABEIE) has also been established to enhance EIA practice in

Burundi (Kasimbazi, 2009).

Kenya

In Kenya the national environment management authority is the apex agency for environmental

management and regulation (Government of Kenya, 2014). The authority provides general

supervision and coordination over all matters relating to the environment and is the principal

instrument of the government in the implementation of all policies related to the environment

(Government of Kenya, 2003). Other sectoral agencies also play a role in supporting EIA processes

that fall under their jurisdictions but under the coordination of NEMA (Kasimbazi, 2009).

Challenges facing environmental impact assessment and audit in the East African

Community

The East African community partner states are faced with various challenges in the conduct of

environmental impact assessment and audit. These include the challenge of ensuring effective

monitoring and compliance with set standards (Pallangyo, 2007). Lack of adequate follow up of

EIA leads to reports that are not useful nor strategically significant (Kakonge, 2013).

There is also the challenge of monitoring the many industries that were in place before the current

environmental frameworks came into force. Bringing these industries to comply with

environmental law has been cumbersome due to the issue of cleaning up operations and adopting

new technologies (Kakonge, 2013).

Lack of uniformity in the level of advancement in environmental legislation and divergences in

their provisions is also an issue. The legislations exhibit some divergence as they appear to pursue

national agendas that differ from the regional initiatives. This makes development of harmonized

20

environmental laws and policies on a regional basis a challenge (Kimani, 2010). Weak partnerships

at local, national, regional and international levels are also an obstacle (Kimani, 2010).

Ambiguity in some countries as to which particular authorities are responsible for EIA including

compartmentalization of the processes is another challenge (Kakonge, 2013). This leads to

jurisdictional overlap especially where mandate created by previous laws remain relevant even as

new laws create new agencies to handle them. This can be seen in the case of Tanzania where the

ministry of environment has not devolved the function of environmental management fully to the

national environmental management council (Kimani, 2010).

Judicial enforcement of environmental law is very low with very few cases having been

adjudicated through the courts of law (Mokwa & Mwamukonda, 2015). Most environmental

disputes are resolved through administrative mechanisms (Mokwa & Mwamukonda, 2015).

Fragmentation of environmental enforcement by many pieces of legislation also makes it difficult

to know exactly which institution is responsible for a certain environmental action (Mokwa &

Mwamulonda, 2015).

There is also the problem of lack of transparency and accountability in enforcement of EIA

requirements due to corruption and interference with powerful interested parties and sometimes

government (Sosevele, 2011). This often leads to abuse of power in environmental decision

making (d). In some cases especially in Kenya officials of the coordinating authorities are involved

in writing the EIA reports themselves (Kakonge, 2015). These officials often use existing

templates without engaging in any research hence yielding misleading reports. Such practices kill

the incentive for professionalism in EIA process (Kakonge, 2015). Corruption in EIA process,

both civil and corporate has therefore hindered success of the EIA process (Kakonge, 2013).

There is also a tendency of governance structures in East Africa to assume a top-bottom approach

which frustrates public involvement in environmental management (Government of Rwanda,

n.d.)). Public involvement in EIA process is thus often not taken seriously but is mostly seen as a

way of gaining public consent rather than information sharing. The communities are thus not often

involved throughout the EIA process and project cycle but rather mainly at the scoping stage

(Kahangirwe, 2012).

Various barriers to public participation in EIA also exist. These include: lack of societal respect

for the law, lack of public support for environmental concerns, lack of internal accountability for

compliance and lack of management systems for compliance (Kahangirwe, 2012). Lack of

awareness and understanding by local communities of EIA process and environmental legislation

also hinders meaningful participation.

Public participation is also hindered by inaccessibility to information either in terms of readability

or physical access (Okello et al, 2012). This is also hindered by use of incomprehensible language

and poor enforcement of environmental laws (Okello et al, 2012).

Misconceptions of EIA by developers who see it as an impediment without understanding the

many benefits that come about when projects are subjected to EIA process is also a challenge

(EAC, 2005). This negative perceptions of EIA by developers are usually due to among other

21

things the: fear of change, ignorance towards environmental requirements and how to meet them,

misconceptions of the benefits of EIA among developers, fear of cancellation of proposed projects,

fear that the public might raise difficult questions, the financial burden of compensating affected

communities and perception of EIA as being a waste of project financial resources (Kahangirwe,

2012).

Major gaps in environmental legal and policy frameworks in the East African community partner

states also still exist (Kasimbazi, 2009). Firstly this is due to the fact that most national

constitutions don’t adequately the issue of environmental management and thus EIA. Provisions

for environment, if there, are mainly provided through the preamble meaning they are hardly

litigable (Government of Zanzibar, 2005).

There is also lack of adequate capacity to enforce environmental legislations in terms of personnel,

equipment and financial capacity. The law enforcers often lack enough sufficient capacity in terms

of environmental law, management expertise, equipment and facilitation (Pallangyo, 2007). This

is also due to the fact that the experts and officials involved in EIA process often lack the necessary

practical experience (Kakonge, 2013).

There is often low quality of EIA and audit reports and inconsistency. This means that EIA quality

often varies from project to project (Kakonge, 2013). This is driven in part by lack of adequate

research in the conduct of EIA (Kakonge, 2015). The EIA studies therefore don’t mostly meet the

stipulated international standards (Kakonge, 2015)

There also exists a challenge in poor dissemination of EIA study results to all stakeholders (NEIR,

2015). This poor communication of results therefore makes the conduct of EIA exercise a futile

endeavor (Kakonge, 2013). This challenge could be fueled by poor presentation of EIA results,

language barriers and illiteracy (Kakonge, 2013).

Subjectivism whereby the results of the EIA study are influenced by the interests of one or more

parties involved is another impediment (Kakonge, 2015). Subjectivity kills space for democratic

participation in EIA process. It also leads to a situation where various important aspects and

impacts are overlooked in the EIA process (Kakonge, 2015)

There is also lack of political will to adopt and recognize EIA. This is because it is often seen as

an impediment to political ends in development process (Kakonge, 2015). Inconsistent political

statements especially to appease the electorate also pose a main challenge (Pallangyo, 2007).

Further to this, parliament continues to show little interest in environmental issues a situation

which has resulted in low budgetary allocations being accorded to environmental issues and

agencies (Kakonge, 2015)

EIA in the East African community has mainly been at the project level in individual countries.

Development towards strategic environmental assessment for policies, plans and program has been

slow (EAC, 2005). Development of transboundary environmental impact assessment has also been

slow. Huge gaps continue to exist in terms of legal and policy frameworks provisions for

transboundary and strategic environmental assessments (Kasimbazi, 2009). The exercise of EIA

at the local levels is also majorly poor (Kasimbazi 2009)

22

Conclusion

Given the fact that the East African community partner states are developing and thus causing

changes in their environments. There is need to espouse strategies that will make sure that their

development process is sustainable and does not negatively harm their environment. This calls for

espousal of strategies such as environmental impact assessment and audit processes with an aim

of making sure that environmental considerations are inculcated in development process.

More so based on the fact that the East African states share many ecosystems and thus resources.

There is also need for concerted efforts to ensure harmonization of environmental impact

assessment and audit processes. There is also need to emulate the provisions of international

agreements the states are party to so as to ensure consistency with global trends.

In the backdrop of these realities. The East African states have made great strides towards adoption

of environment impact assessment and audit processes and crafting of relevant legal, policy and

institutional frameworks. There have also been efforts aimed not only at regional integration of

these efforts but also at inculcating related international obligations. However gaps and challenges

still exist towards this end of which need to be addressed. This will make the application and

institutionalization of environmental impact assessment and audit more effective in East Africa.

23

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