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Browsing Law by Author "Mwanga, Elia"

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    Legal and institutional framework on decommissioning of upstream petroleum installations and protecting of marine ecosystem in Tanzania
    (University of Dar es Salaam School of Law, 2023) Mziray , Amina; Longopa, Evaristo; Mwanga, Elia
    This article examines the effectiveness of Tanzania's legislative and institutional framework governing decommissioning of petroleum projects in protecting marine ecosystems. The data used in this article were collected using semi-structured interviews and content analysis of laws, reports, and academic works. The findings show that Tanzania's legal and institutional frameworks are inadequate and ineffective in addressing decommissioning as a whole. The article unveils that the law and practice in Tanzania lack effective mechanisms to ensure that decommissioning in petroleum projects results in positive outcomes for the protection of marine ecosystems. The legal regime imposes no mandatory obligation to the license holder to conduct an assessment to guide on the choice of decommissioning alternative. The article, therefore, suggests reform in the legal regime governing decommissioning of petroleum projects with a special focus on the protection of marine ecosystems.
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    Legal and Institutional Framework on Decommissioning of Upstream Petroleum Installations and Protection of Marine Ecosystems in Tanzania
    (2024) Mziray, Amina; Mwanga, Elia; Longopa, Evaristo
    This article examines the effectiveness of Tanzania's legislative and institutional framework governing decommissioning of petroleum projects in protecting marine ecosystems. The data used in this article were collected using semi-structured interviews and content analysis of laws, reports, and academic works. The findings show that Tanzania's legal and institutional frameworks are inadequate and ineffective in addressing decommissioning as a whole. The article unveils that the law and practice in Tanzania lack effective mechanisms to ensure that decommissioning in petroleum projects results in positive outcomes for the protection of marine ecosystems. The legal regime imposes no mandatory obligation to the license holder to conduct an assessment to guide on the choice of decommissioning alternative. The article, therefore, suggests reform in the legal regime governing decommissioning of petroleum projects with a special focus on the protection of marine ecosystems.
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    The Role of By-Laws in Enhancing the Integration of Indigenous Knowledge
    (Lexxion Verlagsgesellschaft, 2019) Mwanga, Elia
    To address the problem of climate change, all countries must join together in implementing climate change mitigation and adaptation strategies. Further measures, including community-based projects, should be integrated into climate change responses. Studies show that indigenous knowledge can also contribute significantly to climate change mitigation and adaptation. The Paris Agreement that was adopted in 2015 also recognises that indigenous knowledge has a role to play in addressing the problem of climate change. Effective use of indigenous knowledge entails the existence of appropriate legal regimes, to back up its application. Most principal legislation provides only a framework for the use of indigenous knowledge, however, it is often the case that comprehensive and detailed provisions for the use of indigenous knowledge can be found in subsidiary legislation/municipal by-laws. This study therefore attempts to examine the extent these by-laws enhance the integration of indigenous knowledge into climate change strategies
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    Tanzanian Environmental Impact Assessment Laws and Practice for Projects in World Heritage Sites
    (SAGE, 2022) Mwanga, Elia
    Environmental impact assessment (EIA) is an integral component of sound decisionmaking. Environmental impact assessment helps to prevent or reduce environmental harms by informing the decision-makers the likely environmental impacts of intended project, its alternatives and/or mitigation measures before the implementation starts. This study examines the effectiveness of Tanzania EIA laws and related practice on the protection of Outstanding Universal Value (OUV) of the world heritage sites during implementation of development projects. The study used data obtained from government officials, policies, laws and reports; United Nations Educational, Scientific and Cultural Organization and World Heritage Committee reports; and scholarly works. The study demonstrates that Tanzania EIA laws are inadequate to ensure effective protection of OUV of world heritage sites against harms caused by development projects. The laws do not guarantee effective and broader participation of stakeholders and inclusion of heritage impact assessment in EIA study. The study, therefore, recommends for reform of EIA laws and institutions responsible for supervising EIA.
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    Who votes in Tanzania? An overview of the law and practices relating to parliamentary elections
    (Pretoria University Law Press in South Africa, 2022) Mwanga, Elia
    The right to vote is among the pillars of a representative democracy. The right promotes democracy by ensuring that citizens participate indirectly in the affairs of the government of their country by freely electing the leaders they want. This article examines the theoretical and practical aspects of the right to vote in Tanzania. In particular, the article provides a critical examination of the laws and practices relating to parliamentary elections in Tanzania and their implications for the right to vote. The article argues that the right to vote is not effectively guaranteed in Tanzania, in law or in practice. In particular, the article demonstrates that the electoral laws as well as practices in Tanzania deny the citizens the right to freely elect their representatives/members of parliament. The electoral law and related practices give a mandate to few people who make decisions for the majority. The electoral laws and practices make citizens the rubberstamp of decisions taken by the few instead of their being the key decision makers.