United Nations
Global Environment
Environment Programme
Facility
UNEP-GEF WIO-LaB PROJECT
ADDRESSING LAND BASED ACTIVITIES
IN THE WESTERN INDIAN OCEAN
REGIONAL TASK FORCE ON THE DEVELOPMENT OF REGIONAL
GUIDELINES FOR ENVIRONMENTAL IMPACT ASSESSMENT (EIA)
The Report of the Second Regional Workshop
Zanzibar, Tanzania 29th -30th January 2007
First published in Kenya in 2007 By the United Nations Environment Programme.
Copyright © 2007, United Nations Environment Programme
This publication may be reproduced in whole or in part and in any form for educational or
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UNEP/GEF WIO-LaB Project Management Unit
United Nations Environment Programme
United Nations Avenue, Gigiri,
P.O Box 47074, Nairobi, Kenya
Tel: +254 020 7621248/7621270
Email: wio-lab@unep.org
DISCLAIMER:
The contents of this report do not necessarily reflect the views and policies of UNEP or the
GEF. The designations employed and the presentations do not imply of any opinion
whatsoever on the part of the UNEP, or of the GEF, or of any cooperating organization
concerning the legal status of any country, territory, city or area, of its authorities, or of the
delineation of its territories or boundaries.
Cover illustration: Discharge of raw sewage
For citation purposes this document may be cited as:
UNEP, 2007. Addressing Land-based Activities in the Western Indian Ocean. Report of the Second
Meeting of the Regional Task Force on Environmental Impact Assessment (EIA). UNEP/GEF/WIO-
LaB/EIATF.2/07.
UNEP-GEF WIO-LaB Project
Addressing Land Based Activities in the Western Indian Ocean
TABLE OF CONTENTS
EXECUTIVE SUMMARY.....................................................................................................................ii
1. OPENING OF THE MEETING ...................................................................................................1
1.1 Remarks by the UNEP-GEF WIO-LaB Project Manager ...........................................................1
1.2 Remarks by the Director-General of NEMC ...............................................................................1
1.3 Official opening by the Minister of Environment, Zanzibar. ...................................................3
2. ORGANIZATION OF THE MEETING AND ELECTION OF OFFICERS ...........................4
3. CONSIDERATION AND ADOPTION OF THE AGENDA ...................................................5
4. CONSIDERATION AND DISCUSSIONS ON THE DRAFT REGIONAL EIA
GUIDELINES FOR THE ASSESSMENT OF TRANSBOUNDARY PROBLEMS...............5
5. CONSIDERATION AND DISCUSSIONS ON THE DRAFT REGIONAL REPORT ON
POLICY, REGULATORY AND INSTITUTIONAL FRAMEWORKS WITH REGARD
TO EIA IN THE WIO REGION ................................................................................................6
6. DISCUSSIONS ON STRATEGIES FOR THE DOMESTICATION OF THE REGIONAL
EIA GUIDELINES.......................................................................................................................7
7. REVISION OF ARTICLE 13 (ENVIRONMENTAL IMPACT ASSESSMENT) OF THE
NAIROBI CONVENTION, INCLUDING CLAUSES TO THE RELATED PROTOCOL
ON LAND-BASED SOURCES AND ACTIVITIES (LBS/A)................................................8
8. WORK PLAN FOR THE EIA TASK FORCE FOR THE YEAR 2007......................................8
9. ADOPTION OF THE DECISIONS AND RECOMMENDATIONS OF THE MEETING....9
10. ADMINISTRATIVE MATTERS AND ANY OTHER BUSINESS ........................................9
11. CLOSURE OF THE MEETING .................................................................................................9
ANNEX 1: AGENDA OF THE MEETING ......................................................................................10
ANNEX 2: LIST OF PARTICIPANTS ..............................................................................................11
ANNEX 3: LIST OF DOCUMENTS ..................................................................................................16
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EXECUTIVE SUMMARY
The 2nd Workshop of the Regional Task Force/Working Group on the Environmental Impact
Assessment (EIA) was held at Mazsons Hotel in Zanzibar, United Republic of Tanzania in
the period 29-30th January 2007. The meeting was attended by 24 Environmental Impact
Assessment (EIA) experts/practitioners in countries that are participating in the
implementation of the WIO-LaB Project, namely Kenya, Tanzania, Mozambique, South
Africa, Madagascar, Seychelles, Comoros and Mauritius. The meeting was officially opened
by the Minister of Environment, Zanzibar and was attended by senior officials of the
Department of Environment, Zanzibar including the National Environment Management
Council (NEMC).
The main goal of the meeting was to discuss the progress made in the implementation of the
EIA Component of the WIO-LaB Project, particularly with regard to the following;
(a) Drafting/finalization of the Regional Guidelines for EIA in the transboundary
context.
(b) Drafting/finalization of the Regional Reports on policy, regulatory and institutional
frameworks with regard to Environmental Impact Assessment (EIA) in the WIO
Region.
(c) Establishment of Strategies for the domestication of Regional EIA Guidelines in
participating countries.
(d) Drafting/finalization of the Revision of Article 13 (Environmental Impact
Assessment) of the Nairobi Convention, including Clauses to the related Protocol on
Land-Based Sources and Activities (LBS/A), and finally,
(e) Review of the Work plan for the EIA Task Force for the calendar year 2007.
The accomplishment of the above are in tandem with the requirements of UNEP/Nairobi
Convention that call for the contracting parties to establish appropriate approaches for the
assessment of environmental impacts. This call is further expounded in the new Land-based
Sources/Activities (LBS/A) protocol of the Nairobi Convention, that contains detailed
provisions on the application of environmental impact assessment within the convention
area.
The 2nd Regional meeting reviewed the outputs of the Regional EIA Consultant, in particular
the (a) Regional EIA Guidelines for transboundary environmental assessment; (b) Regional
Report on the commonalities and approaches in EIA in the WIO Region and (c) the draft
Article 13 on EIA of the Nairobi Convention.
The Task Force provided useful suggestions and recommendations for the finalization of the
Guidelines as well as the regional reports (see decisions and recommendations of the
meeting in the following section). The delegates also reviewed and endorsed the work plan
for the year 2007.
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RESUME ANALYTIQUE
Le 2ème Atelier de travail du Groupe de travail sur l'Evaluation de l'impact
environnemental (EIE) s'est tenu dans l'hôtel Mazsons à Zanzibar en République-Unie de
Tanzanie les 29 et 30 janvier 2007. Vingt-quatre experts/praticiens EIE provenant de pays
participant à la mise en oeuvre du Projet WIO-LaB y ont assisté, à savoir le Kenya, la
Tanzanie, le Mozambique, l'Afrique du Sud, Madagascar, les Seychelles, les Comores et
Maurice. La réunion a été officiellement ouverte par le Ministre de l'Environnement de
Zanzibar et des responsables du Département de l'Environnement de Zanzibar, qui
comprend le Conseil national de gestion de l'environnement (NEMC), y ont également
assisté.
L'objectif majeur de cette réunion était de débattre de l'état d'avancement de la mise en
oeuvre de la composante EIE du Projet WIO-LaB et plus particulièrement en ce qui concerne
les points suivants :
(a) Rédaction/finalisation des lignes directrices régionales pour l'EIE dans le contexte
transfrontalier.
(b) Rédaction/finalisation des rapports régionaux sur les cadres politiques,
réglementaires et institutionnels en matière d'EIE dans la région de l'océan Indien
Occidental.
(c) Etablissement de stratégies pour la transposition nationale des lignes directrices EIE
régionales dans les pays participants.
(d) Rédaction/finalisation de la Révision de l'Article 13 (EIE) de la Convention de
Nairobi, y compris les clauses relatives au Protocole sur les Activités et sources de
pollution terrestres (LBS/A).
(e) Révision du Plan de travail pour le Groupe de travail EIE pour l'année calendaire
2007.
La réalisation de ce qui précède répond aux conditions de la Convention de Nairobi/PNUE
qui requiert des parties contractantes qu'elles établissent des approches appropriées pour
l'évaluation de l'impact environnemental. Cette requête est davantage appuyée par le
Protocole sur les Activités et sources de pollution terrestres (LBS/A) qui prévoit des
dispositions détaillées en matière d'application de l'évaluation de l'impact environnemental
au sein de la région couverte par la Convention.
La Deuxième réunion régionale a examiné les produits apportés par le Consultant EIE
régional et plus particulièrement (a) les Lignes directrices EIE régionales pour l'évaluation
environnementale transfrontalière ; (b) le Rapport régional sur les points communs et
approches en matière d'EIE dans la région de l'OIO ; et (c) l'avant-projet de l'Article 13 de la
Convention de Nairobi portant sur l'EIE.
Le Groupe de travail a émis des suggestions et émis des recommandations utiles pour la
finalisation des lignes directrices et des rapports régionaux (voir les décisions et
recommandations de la réunion au point suivant). Les délégués ont également passé en
revue et approuvé le Plan de travail pour l'année 2007.
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DECISIONS AND RECOMMENDATIONS OF THE SECOND MEETING OF THE
REGIONAL TASK FORCE ON ENVIRONMENTAL IMPACT ASSESSMENT 1
The Second meeting of the Environmental Impact Assessment Regional Working
Group/Task Force meeting held in Zanzibar, Tanzania in the period 29th-30th January 2007,
elected Tanzania as the Chair of the meeting and Kenya as the Rapporteur and made the
following decisions and recommendations:
1. The Regional Task Force reviewed and endorsed the draft EA Guidelines for the
assessment of transboundary environmental problems in the WIO region, and made
specific recommendations for the finalization of the same.
2. The Regional Task Force reviewed policy, regulatory and institutional frameworks with
regard to EA in the WIO region and highlighted strengths and weaknesses in each of the
participating countries, to guide in the finalization of the Regional Report.
3. The Regional Task Force noted that there was a major weakness in the understanding
and application of Strategic Environmental Assessment (SEA) processes and called for
the building of capacity in participating countries.
4. The Regional Task Force deliberated on the various strategies and approaches for the
domestication of EA Regional Guidelines for the assessment of transboundary
environmental problems in the WIO region and recommended that lead National
institutions put in place mechanisms for the initiation of the domestication processes.
5. The Regional Task Force reviewed the revised Article 13 (Environmental Assessment
and Audit) of the UNEP/ Nairobi Convention and made specific recommendations for
its finalization by the Legal Task Force.
6. The Regional Task Force reviewed and endorsed the EIA Task Force work plan for the
calendar year 2007 and called for expeditious implementation and finalization of
pending activities.
7. The Regional Task Force commended the WIO-LaB Project and the Regional EIA
Consultant for the draft outputs presented at the Zanzibar meeting and called for
expeditious finalization of the outputs.
8. The Regional Task Force recommended that the Regional Report and EA Guidelines
documents be submitted to participating countries in order to facilitate national level
validation. It was suggested that the National level validation process be facilitated by
the National Focal Points using the appropriate national mechanisms.
9. The Regional Task Force recommended that the participating countries initiate the
process of exploring mechanisms for the long-term domestication of the EIA Guidelines
using appropriate national mechanisms and within the framework of UNEP/Nairobi
Convention.
1 EIA in this context refers both project and strategic level assessment
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DECISIONS ET RECOMMANDATIONS DE LA DEUXIEME REUNION DU GROUPE
DE TRAVAIL REGIONAL SUR L'EVALUATION DE L'IMPACT ENVIRONNEMENTAL
La Deuxième réunion du Groupe de travail sur l'Evaluation de l'impact environnemental,
tenue à Zanzibar en Tanzanie les 29 et 30 janvier 2007, a élu la Tanzanie en tant que
Présidente de la réunion et le Kenya comme Rapporteur. Elle a pris les décisions et émis les
recommandations suivantes :
1. Le Groupe de travail régional a examiné et approuvé l'avant-projet des Lignes
directrices EIE dans le cadre de l'évaluation des problèmes environnementaux
transfrontaliers dans la région de l'OIO et a émis des recommandations particulières en
ce qui concerne la finalisation dudit avant-projet.
2. Le Groupe de travail régional a examiné les cadres politiques, réglementaires et
institutionnels en matière d'EIE dans la région de l'OIO et a souligné les avantages et les
inconvénients en la matière dans chacun des pays participants afin d'appuyer et de
faciliter le travail de finalisation du Rapport régional.
3. Le Groupe de travail régional a pris bonne note du fait qu'il y a une lacune majeure au
niveau de la compréhension et l'application des processus d'Evaluation
environnementale stratégique (EES) et a demandé le renforcement des capacités dans les
pays participants.
4. Le Groupe de travail régional a délibéré sur les diverses stratégies et approches de
transposition nationale des Lignes directrices EIE régionales pour l'évaluation des
problèmes environnementaux transfrontaliers dans la région de l'OIO. Il a aussi
recommandé que les institutions nationales chefs de file mettent en place des
mécanismes pour le lancement des processus de transposition nationale.
5. Le Groupe de travail régional a examiné l'Article 13 (Evaluation et audit
environnemental) révisé de la Convention de Nairobi/PNUE et a émis des
recommandations spécifiques pour sa finalisation par le Groupe de révision juridique et
technique.
6. Le Groupe de travail régional a examiné et approuvé le Plan de travail du Groupe de
travail EIE pour l'année calendaire 2007 et a demandé la mise en oeuvre et la finalisation
rapides des activités en cours.
7. Le Groupe de travail régional a loué le Projet WIO-LaB et le Consultant EIE régional
pour l'avant-projet des produits présentés lors de la réunion à Zanzibar et en a demandé
la finalisation rapide.
8. Le Groupe de travail régional a recommandé que les documents du Rapport régional et
des Lignes directrices EIE soient soumises aux pays participants afin d'en faciliter la
validation au niveau national. Il a été suggéré que le processus de validation au niveau
national soit facilité par les points focaux nationaux à travers des mécanismes nationaux
adéquats.
9. Le Groupe de travail régional a recommandé que les pays participants lancent le
processus d'exploration des mécanismes pour la transposition nationale à long terme
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des Lignes directrices EIE à travers des mécanismes nationaux appropriés et dans le
cadre de la Convention de Nairobi/PNUE.
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Addressing Land Based Activities in the Western Indian Ocean
1.
OPENING OF THE MEETING
1.1
The meeting was called to order by Ms. Melania Sangeu who is a Senior Environment
Management Officer at the National Environment Management Council (NEMC) of
Tanzania. Ms. Sangeu also welcomed the participants (see List of Participants in Annex
2/document UNEP/GEF/WIO-LaB/EIA.2/2) to Tanzania.
1.1 Remarks by the UNEP-GEF WIO-LaB Project Manager
1.1.1 Dr. Peter Scheren, the UNEP-GEF WIO-LaB Project Manager, after welcoming the
delegates to the 2nd meeting of the EIA Regional Task Force, highlighted the common
problems and key threats to the marine and coastal environment in the WIO Region such as
water pollution and human modifications/alterations of coastal habitats that are crucial for
supporting the marine fisheries.
1.1.2 Dr. Scheren briefed the Task Force on the three objectives of the WIO-LaB project
including the main components, namely (1) Water and Sediment Quality, (2) Municipal
Wastewater Management (MWWM), (3) Physical Alteration and Destruction of Habits
(PADH), (4) Legal and Technical Review, (5) Environmental Impact Assessment (EIA), (6)
National Programmes of Action (NPAs), (7) Integrated Coastal Area and River Basin
Management (ICARM), (8) Regional Coordination, (9) Training and Education Programmes
focused on Land-based activities, (10) Stakeholder Involvement, (11) Transboundary
Diagnostic Analysis (TDA)/Strategic Action Programme (SAP) and (12) Small Grants
Programme.
1.1.3 Dr. Scheren also briefed the meeting on the activities that the UNEP-GEF WIO-LaB
Project was undertaking in Tanzania. These included (1) the National water and sediment
quality monitoring programme coordinated by the Institute of Marine Sciences (IMS); (2)
Wastewater management demonstration project in Pemba coordinated by the Department of
Environment and (3) the demonstration project on the application of vetiver grass to control
leaching and erosion from a landfill in Msimbazi Creek, Dar es Salaam coordinated by
NEMC.
1.1.4 Dr. Scheren also briefed the meeting on the status of implementation of the
Environmental Impact Assessment (EIA) Task Force activities that were agreed during the
inception meeting held in Maputo, Mozambique in 2006.
1.2 Remarks by the Director-General of NEMC
1.2.1 Mr. Frederick Rugiga who is the Principal Environmental Management Officer at the
National Environment Management Council of Tanzania (NEMC), read an official speech on
behalf the Director General of the NEMC, Eng. Bonventure Baya who could not officiate the
opening ceremony due to other obligations (Eng. Baya joined the Task Force during the
second day).
1.2.2 Eng. Baya in his speech welcomed all the delegates to the second meeting of the
Regional Task Force on Environmental Impact Assessment. He noted that resources of the
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marine and coastal environment in the WIO Region have high ecological and economical
values and they need to be conserved through sustainable use. Eng. Baya further observed
that EIA is an important tool for sustainable development since it ensures that the benefit
associated with the use of natural resources are achieved without compromising their
potential to meet future needs and the carrying capacity of the environment.
1.2.3 Eng. Baya further noted that EIA policies and procedures in the WIO countries vary
in terms of their objectives, range of application, scoping techniques, impact assessment
criteria, accuracy of evaluation, validity of prediction, post-project monitoring capabilities,
and enforcement. He noted that a country with a more stringent environmental regime may
suffer economically, as foreign investment and some of the domestic industries move to
countries with less stringent environmental requirements. In this regard, he observed that
the harmonization of EIA policies across the WIO region was crucial.
1.2.4 Eng. Baya further noted that regional ecological interdependency calls for
cooperation in the management of shared ecosystems including harmonization of policies
and regulations for sustainable and integrated management of shared natural resources and
ecosystems. He observed that it was in view of this recognition that the second regional
meeting of EIA Task Force would thoroughly consider and discuss the draft regional report
on existing EIA policy, regulatory and institutional frameworks in the WIO-LaB Region.
1.2.5 Eng. Baya informed the meeting that according to the principles of EIA, a national
regulatory regime for EIA would constitute several elements. The first element is the
requirement of EIA in respect of activities likely to have a significant impact on natural
resources and the environment. Another is the criteria and procedure for determining which
activities require EIA. Important also are the institutional arrangements through which a
designated authority to administer the EIA process is established and empowered at national
level. He further observed that it would be necessary for the Task Force to consider and
discuss appropriate regional institutional arrangements for the WIO Region. Mr. Baya noted
that other elements in the EIA regime that need to be discussed include communication
procedures, format and requirement of EIA reports, review of EIA, public participation,
decision making process, appeals from decisions made by authorized bodies, transboundary
impacts and continuing monitoring.
1.2.6 Eng. Baya further noted that potential transboundary environmental effect caused by
a an activity, originating totally or partially, within the borders of another country should be
dealt with through transboundary environmental impact assessments rather than each
country implementing its EIA policy according to its own national frameworks.
1.2.7 Eng. Baya noted that the process of securing a harmonized EIA should start with a
general review of the national EIA philosophy, legal and administrative frameworks, set of
environmental regulations, standards and guidelines; human, technical and financial
capacities; economic tools and measures; and the practical aspects of implementing EIAs in
each country. He observed that the groundwork to this effect had been set under the
auspices of the WIO-LaB Project and the draft Regional EIA Guidelines on the assessment of
transboundary problems that was ready for consideration and discussion in this meeting,
attested to the fact.
1.2.8 Eng. Baya noted that there were many benefits of having harmonized EIA
Guidelines. However, he noted that there were also some challenges. He also noted that once
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agreed, the Regional EIA Guidelines should work within the context of each country's
existing EIA system. He also suggested that strategies for domestication of the Regional
Guidelines must be critically looked into for smooth and harmonized implementation of the
regional guidelines at national levels.
1.2.9 Eng. Baya finally thanked UNEP and GEF for their financial support through the
WIO-LaB Project. He also thanked WIO-LaB Project for organizing the meeting. He also
expressed sincere thanks to the Government of Zanzibar for accepting to host the meeting.
1.3 Official opening by the Minister of Environment, Zanzibar.
1.3.1 The Guest of honour, Mr. Burhani Saadat, the Minister of Environment, Zanzibar, on
behalf of the Government and the people of Tanzania, welcomed delegates to Tanzania and
particularly to Zanzibar and hoped that their stay in Zanzibar Island would be enjoyable.
1.3.2 Mr. Saadat noted that countries in the WIO Region had common endowments and
opportunities including important marine fisheries resources, which were traditionally
exploited by artisanal fisheries. He observed that these resources were the mainstay of the
coastal people and continue to be essential resource for their livelihood. He also observed
that coastal tourism was increasingly becoming popular and was one of the major foreign
exchange earners in the region.
1.3.3 Mr. Saadat noted that the WIO region also experienced similar environmental
challenges that were related to land-based activities. Noting that most of the coastal zone
was arid and supported a large and growing population, he observed that human related
pressures were a result of over-fishing and fishery activities related damage including
urbanization, pollution from agriculture and industry, and tourism developments. Noting
further that tourism developments tend to be poorly controlled in the WIO Region, he
observed that this had contributed to reef deterioration, pollution, inappropriate
construction of sea defenses and a consequent loss of natural aesthetic value of the coast. He
observed that loss of biodiversity, habitat degradation and modification of mangroves and
coral reef ecosystems are major concerns in the WIO Region, in addition to physical shoreline
change caused by natural as well as human pressures.
1.3.4 Mr. Saadat noted that EIA was a sustainable development tool for making
environmentally sensitive decisions that balanced between short term economic
development and the long term environmental sustainability. He commended the UNEP-
GEF WIO-LaB Project initiative noting that its focus on addressing major environmental
problems related to land-based activities in the WIO Region was important.
1.3.5 Mr. Saadat noted the fact that WIO countries had similar challenges with regard to
environmental management called for common approaches in addressing them. He
observed that most countries also had environmental impacts that did not respect
administrative boundaries and that could not be addressed adequately through the varied
EIA approaches and/or regulations that were applied in individual countries. He observed
that there was a need for common approaches for dealing with specific transboundary
environmental problems. He also further noted that land-based activities impacting the
coastal and marine resources called for development of regional framework and mechanisms
for dealing with transboundary environmental impacts in the WIO Region.
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1.3.6 Mr. Saadat recalled that the inception meeting of the EIA Task Force that was held in
Maputo in 2006 called for development of regional framework and mechanisms for dealing
with transboundary environmental problems in order to ensure better protection and
management of the coastal and marine environment in the Western Indian Ocean Region.
Noting that it was a good beginning, he was glad to hear that the Regional EIA Guidelines
for the assessment of transboundary problems had been drafted and would be presented in
the meeting for consideration and discussion.
1.3.7 Mr. Saadat advised that good guidelines that cannot be implemented are as good as
not having them. He noted that there must be appropriate policy, legal and institutional
frameworks that were conducive for implementation of the guidelines. Noting that he was
informed that a regional report on the EIA policy, regulatory and institutional frameworks in
the WIO Region had also been drafted for consideration in the meeting, he noted that it was
quite important because common guidelines and approaches require common frameworks
for smooth implementation.
1.3.8 Mr. Saadat noted that domestication of the Regional EIA Guidelines was necessary if
they were to serve useful purpose in the individual countries that were party to the Nairobi
Convention.
1.3.9 Mr. Saadat concluded his speech by thanking UNEP-GEF for the financial support in
the implementation of the WIO-LaB project as well as the facilitation of the meeting. He also
thanked WIO-LaB Project management for choosing Zanzibar as a venue for second meeting
of the EIA Task Force. Mr. Saadat finally, wished the delegates successful and fruitful
deliberations in the meeting and declared the meeting officially opened.
1.3.10 Following the speech made by the Minister, Mr. Juma Alawi of the Department of
Environment, Zanzibar, gave a vote of thanks on behalf of the participants. He thanked the
Minister for finding time to officially open the meeting. He also expressed appreciation to the
opportunity given to Zanzibar to host the present WIO-LaB Project meeting.
2.
ORGANIZATION OF THE MEETING AND ELECTION OF OFFICERS
2.1
Ms. Melania Sangeu brought to the attention of the delegates the need for the EIA
Task Force to elect a Chairperson and the Rapporteur of the meeting. The delegates were
requested to propose names for the two positions.
2.2
Kenya nominated Tanzania, the host country for the post of the Chairperson. This
nomination was seconded by Mauritius and was unanimously accepted by the delegates.
The proposal was finally duly accepted by Tanzania and Mr. Hamza Z. Rijal, who is a Senior
Ecologist at the Department of Environment, Zanzibar and also the Focal Point of Land and
Environment Management Project in Zanzibar, accepted to Chair the meeting on behalf of
the United Republic of Tanzania.
2.3
For the position of the Rapporteur, Kenya was nominated and unanimously accepted
by the delegates. The representatives of Kenya accepted the election on behalf of the
Republic of Kenya. The Rapporteur took note of the key decisions and recommendations of
the meeting and worked in close liaison with the UNEP/WIO-LaB Project Secretariat that
prepared this detailed report of the meeting.
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2.4
The Chair, Mr. Hamza Z. Rijal in his acceptance speech, briefed the delegates on the
history of the Department of Environment, Zanzibar. He noted that the Department was the
first in Tanzania to prepare a National Environmental Policy in 1995. He also hinted that
main environmental concern in Zanzibar at present was solid waste management.
3.
CONSIDERATION AND ADOPTION OF THE AGENDA
3.1
The elected Chairperson of the Regional Task Force on Environmental Impact
Assessment, Mr. Hamza Z. Rijal introduced the provisional agenda that was prepared by the
WIO-LaB Project Management Unit. He took the delegates through each of the agenda items
and requested the members of the Task Force to suggest any amendments where necessary.
3.2
Following deliberations, the provisional agenda was accepted without amendments
and the same is presented in this report as background document UNEP/GEF/WIO-
LaB/EIA.2/1.
4.
CONSIDERATION AND DISCUSSIONS ON THE DRAFT REGIONAL EIA
GUIDELINES FOR THE ASSESSMENT OF TRANSBOUNDARY PROBLEMS
4.1
The Chair introduced the above mentioned agenda item and invited the Regional EIA
Consultant, Dr. Peter Tarr to lead the discussions on the preparation of the EIA Regional
Guidelines for transboundary assessment. Dr. Peter Tarr, recalling the objectives of the WIO-
LaB Project, presented the draft EIA Regional Guidelines for the assessment of
transboundary problems. He highlighted in particular the contents of the draft report that
had also been circulated to the delegates in advance for their information.
4.2
Dr. Tarr reminded the delegates about the tasks he was supposed to accomplish. He
also briefed the meeting on the process to be followed during group discussions. With
regard to his obligations, he noted that he was supposed to; (1) Guide the EIA Task Force in
the review of policies, regulations, procedures, institutions, (2) Review EIA frameworks in
participating countries with the assistance of the members of the EIA Task Force, (3) Review
literature about WIO region and finally (4) Review international literature with regard to
EIA.
4.3
Dr. Tarr also briefed the meeting on the products he was supposed to deliver,
namely; (a) Regional report on existing EIA approaches and frameworks in the WIO region
(30% done); (b) Regional EIA Guidelines (2nd draft done) and (c) revision of Article 13 on
EIA (1st draft done).
4.4
Dr. Tarr requested the delegates to critically review the draft Regional EIA Guidelines
and provide their honest opinion on their suitability in both form and content.
4.5
Following the above briefing by the Regional Consultant and short preliminary
general discussions, the delegates broke into four groups to discuss/review the Regional EIA
Guidelines. The reviews focussed on the four main sections/chapters of the Regional EIA
Guidelines. Group 1 reviewed Section B; Group 2 reviewed Section C; Group 3
reviewed Section D; and Group 4 reviewed Section E. During Group discussions the
delegates were requested to accomplish the following tasks;
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a. Identify major gaps in the draft Regional Guidelines.
b. Identify unnecessary information in the draft Regional Guidelines, and,
c. Highlight any mistakes/incorrect statements in the draft Regional Guidelines.
4.6
The Group discussions lasted about one (1) hour after which, during the plenary
session, the Rapporteurs of each Group made detailed presentations on the outcomes of their
group discussions.
4.7
Following the presentations of the outcomes of Group discussions and following
extensive deliberations of the draft EIA Guidelines during the plenary session, the EIA Task
Force endorsed the draft and recommended further updating of the EIA Guidelines based on
the detailed reviews made by the EIA Task Force during the meeting.
4.8
It was further agreed that the Final version of the EIA Regional Guidelines would
further be reviewed by the EIA Regional Task Force during its next meeting.
5.
CONSIDERATION AND DISCUSSIONS ON THE DRAFT REGIONAL REPORT
ON POLICY, REGULATORY AND INSTITUTIONAL FRAMEWORKS WITH
REGARD TO EIA IN THE WIO REGION
5.1
The Chair introduced the above mentioned agenda item and requested Dr. Peter Tarr,
the Regional EIA Consultant to lead the Task Force in discussing the above agenda item.
5.2
Dr. Peter Tarr reminded the Task Force on the Terms of Reference related to the
preparation of the Regional Report on existing policy, regulatory and institutional
frameworks. He also reminded the members of the Task Force on the specific tasks he was
expected to accomplish with regard to the preparation of this Regional Report. These
included preparation of an overview on (a) the existing procedures, policies, laws and
institutions; (b) identification of weaknesses and (c) recommended changes both for local
issues and transboundary considerations.
5.3
Dr. Tarr presented the structure of the regional report highlighting the key sections,
namely; (a) National visions per country; (b) Overview of EIA legislation per country; (c)
Recommendations for improvements of EIA laws; (d) Overview of institutional capacity to
implement EIA in each country; (e) Overview of private and civil society capacity per
country; and (f) Conclusion per country.
5.4
In order to facilitate deliberations on the draft Regional Report and provide
information that would enable the Regional Consultant to prepare the updated version of the
report, it was decided that the Task Force break into small country interrogation groups in
order to facilitate detailed discussions. The country interrogation groups were set as follows:
(1) Comoros-Seychelles; (2) Mauritius-Madagascar; (3) Kenya-Tanzania; and (4)
Mozambique-South Africa. The representatives of each of the participating countries were
requested to interrogate their colleagues with a view of identifying the following:
a. Major strengths and weaknesses of policy and legal framework in the country.
b. Major strengths and weaknesses of government, private sector and civil society
institutions in the country.
c. Five (5) most serious challenges regarding EIA practice in the country.
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d. List of three (3) capacity building priorities in the country.
5.5
Following above mentioned Group Discussions, the representatives of each of the
participating countries made presentation on the outcomes of their interrogation of their
partner country EIA processes with special focus on the issues highlighted above.
6.
DISCUSSIONS ON STRATEGIES FOR THE DOMESTICATION OF THE
REGIONAL EIA GUIDELINES
6.1
The Chair introduced the above mentioned agenda item and requested the WIO-LaB
Project Manager to provide a short brief on the key issues that were to be deliberated under
this agenda item. The purpose of these discussions was to propose ways that WIO countries
can better implement EIA so as to reduce transboundary impacts.
6.2
Dr. Peter Scheren led the Task Force in discussing the following: (a) National review
processes, (b) presentation of the final Regional Report (appearance/package), (c)
domestication process/strategies, (d) planning and (e) capacity building needs.
6.3
With regard to National review, it was agreed that the Regional Report as well as the
EIA Regional Guidelines should be submitted to the participating countries in order to
facilitate national level consultations and validation of the document. This process would be
coordinated by the National Focal Points who would also be expected to collate opinions and
provide feedback to UNEP-GEF WIO-LaB Project and the EIA Consultant.
6.4
With regard to the packaging of the Regional Report and the EIA Regional
Guidelines, it was agreed that the documents should be neatly presented in both hardcopy as
well as electronic forms. The documents would also need to contain good photographs and
be printed on glossy paper. It was also agreed that the documents be distributed as widely as
possible through CD ROMS as well as through the Internet. It was also noted that it would
be important to produce French and Portuguese versions of the documents in order to serve
the interests of French and Portuguese speaking countries that are participating in the WIO-
LaB Project.
6.5
With regard to domestication of the EIA Guidelines, it was noted that it would
eventually involve adjustment of the legal and institutional frameworks in the participating
countries. However, this was noted to be a long-term venture that could not be accomplished
within the life of the WIO-LaB Project and in that regard, the activity should be undertaken
within the framework of the future Work Programme of Nairobi Convention. However, the
importance of sharing the documents with key stakeholders in the WIO Region was
emphasised in order to create awareness on the existence of the Guidelines.
6.6
It was noted that there will be a need to establish the compatibility of the Regional
EIA Guidelines with the existing EIA laws and institutional frameworks in participating
countries. It was also noted that it would be important to ensure that these plans were
embedded into the long-term Work programme of UNEP Nairobi Convention.
6.7
With regard to capacity-building, it was agreed that the participating countries
should come up with their own capacity-building plans and request UNEP WIO-LaB Project
to assist them in looking for funds for the implementation of those plans.
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7.
REVISION OF ARTICLE 13 (ENVIRONMENTAL IMPACT ASSESSMENT) OF
THE NAIROBI CONVENTION, INCLUDING CLAUSES TO THE RELATED
PROTOCOL ON LAND-BASED SOURCES AND ACTIVITIES (LBS/A)
7.1
The Chair introduced the above mentioned agenda item and requested Dr. Peter Tarr,
the Regional EIA Consultant to lead the Task Force in discussing the agenda item.
7.2
Dr. Peter Tarr presented the draft revised Article 13 of Nairobi Convention that deals
with Environmental Assessment and Audit and subsequently requested the Task Force
members to critically review each and every section and make suggestions for further
improvement of the document.
7.3
The discussions that emanated focused on the use of consistent terminologies in the
Nairobi Convention, LBS/A Protocol and EIA Guidelines and Article 13. It was suggested
that definitions of the key terms used in the document need to be provided.
7.4
During discussions, there was also a suggestion that EIA and SEA (Strategic
Environmental Assessment) should not be regarded to be same since while the output of EIA
is an Environmental Management Plan that of Strategic Environmental Assessment (SEA) is
normally different. It was also suggested that there was a need to state institutions that
would be responsible for implementation of SEA.
7.5
Further discussions with regard to the above led to an agreement that SEA was not a
responsibility of governments only, but various actors at national level were also involved.
In this regard, it would not be appropriate to assign SEA responsibility to one institution.
8.
WORK PLAN FOR THE EIA TASK FORCE FOR THE YEAR 2007
8.1
The Chair introduced the above mentioned agenda item and requested Dr. Peter
Scheren, the WIO-LaB Project Manager and Dr. Peter Tarr, the Regional EIA Consultant to
lead the Task Force in discussing the agenda item.
8.2
During discussions, it was agreed that there was a need for an official launch of the
Regional EIA Guidelines once the same were finalized and approved by the Task Force. It
was agreed that the official launch be done either during the forthcoming Conference of the
International Association for Impact Assessment (IAIA) or the 5th Conference of Parties to
Nairobi Convention (COP-5) that will be held in Cape Town, South Africa in August 2007.
8.3
However, it was noted that before the official launch of the Regional Guidelines,
feedback (i.e. Outcome of country level review/validation from participating countries)
should be collated by the WIO-LaB Project Management and shared with all the
participating countries.
8.4
It was agreed that based on the outcomes of the national validation process, a
decision would be made as to whether there will be a need for the Task Force to hold a third
Regional Workshop to address pending issues and finalize the Regional EIA Guidelines
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before the same is presented to the COP-5 of Nairobi Convention for final adoption by the
participating countries.
8.5
There was also an agreement that the national validation process should not take
more than forty five (45) days once the updated version of the Regional EIA Guidelines were
sent to the participating countries by the WIO-LaB Project Management Unit. The National
Focal Points in close liaison with the members of the EIA Task Force will be expected to
spearhead the national validation process and report back to the Project Management Unit.
9.
ADOPTION OF THE DECISIONS AND RECOMMENDATIONS OF THE
MEETING
9.1
The Chair introduced the above agenda item and invited the Rapporteur to present
the decisions and recommendations of the Regional EIA Task Force.
9.2
The Rapporteur, Ms. Salome Machua, Environment Management Officer at the
Kenya National Environment Management Authority (NEMA), Coastal, Marine and
Freshwater sub-Department, took the members of the Task Force through the draft decisions
and recommendations of the Task Force prepared by the Secretariat (WIO-LaB Project
Management Unit) in close liaison with the Rapporteur.
9.2
The Task Force deliberated on the draft decisions and recommendations and adopted
them with amendments. The final updated versions of the decisions and recommendations
are presented in this Report (see appropriate section on the Decisions and Recommendations
of the second EIA Regional meeting).
9.3
The Secretariat furnished the electronic versions of the Decisions and
Recommendations of the meeting to the members of the Task Force, who requested them in
order to facilitate reporting in their countries.
10.
ADMINISTRATIVE MATTERS AND ANY OTHER BUSINESS
10.1
Mr. Hamza Z. Rijal, the Chair thanked the WIO-LaB Project Management for the
efficient organization of the meeting. He also thanked the local secretariat led by the
National Environment Management Council (NEMC) of Tanzania.
10.2
On behalf of the Department of Environment, Zanzibar, the Chair expressed
appreciation of the Department of Environment, Zanzibar for having been given the
opportunity of chairing and hosting the meeting in Zanzibar.
11.
CLOSURE OF THE MEETING
11.1
There being no other business, the Chair declared the meeting officially closed at 3.25
p.m. on Tuesday 30th January 2007.
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ANNEX 1: AGENDA OF THE MEETING
WIO-LaB Project Regional Task Force on the Development of Regional Guidelines for
Environmental Impact Assessment (EIA)
Zanzibar, Tanzania 29th -30th January 2007
AGENDA
1. Opening of the meeting.
· Welcome remarks by the Project Manager, UNEP-GEF WIO-LaB Project.
· Welcome remarks by the officials of the host institution
· Official opening by the representative of the Government of the host country.
2. Organization of the meeting and election of officers (Chair and Rapporteur).
3. Consideration and adoption of the provisional Agenda.
4. Consideration and discussions on the draft EIA Regional Guidelines for the assessment of
transboundary problems.
5. Consideration and discussions on the draft regional report on policy, regulatory and institutional
frameworks with regard to EIA in the WIO Region.
6. Discussions on the strategies for the domestication of EIA Regional Guidelines.
7. Revision of Article 13 (Environmental Impact Assessment) of the Nairobi Convention, including
Clauses to the related Protocol on Land-Based Sources and Activities.
8. Work plan for the EIA Task Force for the calendar year 2007.
9. Adoption of the Decisions and Recommendations of the meeting.
10. Administrative matters and Any Other Business.
11. Closure of the meeting.
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ANNEX 2: LIST OF PARTICIPANTS
Country
Participant
COMOROS
1. Mr. Farid Anasse
Chef de département
Geographic Information System (SIG)
Moroni, Comoros
Tel (269)736388
Mobile:(269)327068
E-mail: farid_anasse@yahoo.fr
2. Mrs. Fatouma Ali Abdallah
Deputy Director
Institut National de Recherches pour l'Agriculture, la Pêche et
l'Environnement (INRAPE)
BP 860, Moroni,
The Comoros
Tel: +269 756029
Fax: +269 736388
Email : Fatouma_ay@yahoo.fr; alfa@comorestelecom.km
3. Mr. Abderemane Ben Ousseine
Directeur General Adjoint de l'environment
Ministerie du l'Environment
BP. 41 Moroni, Comoros
Tel : 756029
Email : abdoubousseine@yahoo.fr
KENYA
4. Mr. Maurice Mbegera
Director -Compliance and Enforcement Department
National Environment Management Authority
P.O. Box 67839-00200
Nairobi, Kenya
Tel: +254 20 605522/7
Email: comenforce@nema.go.ke; dgnema@swiftkenya.com
5. Mr. Zephania Ouma
Senior EIA officer
National Environment Management Authority
P.O. Box 67839-00200
Nairobi, Kenya
Tel: +254 20 605522/7
Email: oumaozeph@yahoo.com
6. Ms. Salome Machua
National Environment Management Authority (NEMA)
Kapiti Road, off Mombasa Road
P.O Box 67839-00200
City Square, Nairobi, Kenya
Tel: (254) 20 605531
Email: salmach2002@yahoo.ca
UNEP-GEF WIO-LaB Project
Country
Participant
MADAGASCAR
7. Mr. Heritiana Randriamiarana
Office National pour l'Environnement,
Plan National d'Action Environnemental (PNAE)
BP 822 Antaninarenina
101 Antananarivo, Madagascar
Tel : +261 20 22 259 99
Fax : +261 20 22 306 93
E mail: heritiana@pnae.mg
8. Ms. Andrianarivo Chantal
NFP for the Nairobi Convention
Chef de Cellule Recherche et Biodiversité
Association Nationale pour la Gestion
Des Aires Protéges
B.P. 1424 Antananarivo 101, Madagascar
Tel: +261 20 22415
Fax: +261 20 22439
Email: val@dts.mg; val@angap.mg;
andrianarivo_chantal@mel.wanadoo.mg
MAURITIUS
9. Mr. Keshore Kumar Heeramun
Ministry of Environment and National Development Unit
Port Louis, Mauritius
Tel : +230 2113556
Mobile : +230 9189252
Fax: +230 2126671
Email: keheeramun@mail.gov.mu
10. Mrs. Doolaree Boodhun
Ministry of Environment and National Development Unit
Port Louis, Mauritius
Tel: +230 212 43 85
Fax: +230 212 66 71
Email: dboodhun@mail.gov.mu
11. Mr. Jogeeswar Seewoobaduth
Ag. Divisional Environment Officer
Ministry of Environment and National Development Unit
3rd Floor, Barracks Street
Port Louis
Mauritius
Tel: +230 212 4385, 212 3363
Fax: +230 212 6671
Mobile: +230 9189251
Email : jseewoobaduth@mail.gov.mu
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Country
Participant
MOZAMBIQUE
12. Mr. Inacio Bucuane
National Directorate for Environmental Impact
Assessment
Ministry for Coordination of Environmental Affairs (MICOA)
P.O Box 2020
Rue de Kassuende, 167
Maputo, Mozambique
Tel: +258 1 9258 21 465 141
Mobile: +258 82 4336640
Fax: +258 1 9258 21 466245
Email: inacio.bucuane@micoa.gov.mz
13. Mr. Policarpo Napica
National Director of Environment
Ministry of the Coordination of Environmental Affairs
(MICOA)
P.O Box 2020
Rue de Kassuende, 167
Maputo, Mozambique
Tel: +258 1 466407
Fax: +258 1 465849
E-mail: p.napica@micoa.gov.mz
SEYCHELLES
14. Ms. Joanna Adeline
Environmental Impact Assessment Section
Pollution Control and Environmental Impacts Division
Department of Environment
Ministry of Environment and Natural Resources
P.O. Box 445
Botanical Gardens
Mahe, Seychelles
Tel: +248 67 05 00
Fax: +248 61 06 48
Email: j.adeline@env.gov.sc
15. Mr. Jason Jacqueline
Policy, Planning and Services Division
Ministry of Environment
P.O. Box 1145, Promenade House
Mahe, Seychelles
Tel: +248 670421-670400
Fax: +248 384078/670647
Email: j.jac@pps.gov.sc
TANZANIA
16. Eng. Bonventure Baya
Director-General (Ag)
National Environment Management Council
(NEMC)
P.O. Box 63154
Dar es Salaam, Tanzania
Tel: 255 713 421397(office)
Mobile: 255-713 421 397
Fax: 255-22-2111597
Email: bbaya@hotmail.com
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Country
Participant
17. Mr. Fredrick Rugiga
Principal Environmental Management Officer
National Environment Management Council (NEMC)
Directorate of Environmental Impact Assessment (DEIA),
P.O. Box 63154
Dar es Salaam, Tanzania
Tel: +255 22 2125245
Mob: +255 713622421
18. Mr. Danford Mwaipopo
Senior Environmental Officer
National Environment Management Council
(NEMC)
P.O. Box 63154
Dar es Salaam, Tanzania
Tel: 255 713 421397(office)
Mobile: 255-713 421 397
Fax: 255-22-2111597
Email: dmwaipopo@yahoo.co.uk
19. Mrs. Melania Sangeu
Senior Environment Management Officer
National Environment Management Council (NEMC)
P.O. Box 63154
Dar es Salaam, Tanzania
Tel: +255 22 3124603
Mob: +255 744753179
E-mail: melania_sangeu@yahoo.com
21. Mr. Juma B. Alawi
Head, Pollution Control
Department of Environment
P.O. Box 811, Zanzibar, Tanzania
Fax No. 255-024-2236790
E-mail: jbalawi@yahoo.com
22. Mr. Hamza Z. Rijal
Senior Ecologist
Focal Point of Land and Environment Management Project
Department of Environment
P.O. Box 1008, Zanzibar, Tanzania
Fax No. 255-024-2237008
E-mail: hamza.rijal@smaole.or.tz
IUCN
23. Ms. Maureen A Babu
Project Officer
IUCN-EARO
P.O. Box 68200-00200
Nairobi, Kenya
Tel: +254 20 890605-12
Fax: +254 20 8906159
Email: Maureen.babu@iucn.com, babu_maureen@yahoo.com
EIA Expert/Consultant
24. Dr Peter Tarr
Regional EIA Consultant
Southern African Institute for Environmental Assessment
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14
Country
Participant
P.O. Box 6322
Ausspannplatz
Windhoek, Namibia
Tel: +264 61 220579
Fax: +264 61 259183
Email address: peter.tarr@saiea.com
UNEP-GEF WIO-LaB
25. Dr. Peter Scheren
Project
Project Manager
Management Unit
WIO-LaB Project Management Unit
United Nations Environment Programme (UNEP)
P.O Box 47074
Nairobi, Kenya
Tel: +254 20 7621270
Fax: +254 20 7623928
Email: Peter.scheren@unep.org
26. Dr. Johnson U. Kitheka
Project Scientist/Environmental Scientist
WIO-LaB Project Management Unit
United Nations Environment Programme (UNEP)
P.O Box 47074
Nairobi, Kenya
Tel: +254 20 7621248
Mobile: +254 733777293
Fax: +254 20 7623928
Email: johnson.kitheka@unep.org
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ANNEX 3: LIST OF DOCUMENTS
LIST OF DOCUMENTS DISTRIBUTED TO THE PARTICIPANTS
Working Documents
UNEP/GEF/WIOLAB/EIA.2/1
Provisional Agenda
UNEP/GEF/WIOLAB/EIA.2/2
Provisional List of Participants
UNEP/GEF/WIOLAB/EIA.2/3
List of Documents
UNEP/GEF/WIOLAB/EIA.2/4
Draft Regional Review Report on EIA approaches in the WIO
Region
UNEP/GEF/WIOLAB/EIA.2/5
Draft Regional Guidelines for EIA in the
transboundary/cumulative context
UNEP/GEF/WIOLAB/EIA.2/6
Draft revision of Article 13 (Environmental Impact
Assessment) of the Nairobi Convention, including Clauses to
the related Protocol on Land-Based Sources and Activities
UNEP/GEF/WIOLAB/EIA.2/7
Decisions and recommendations of the inception meeting
Information Documents
UNEP/GEF/WIOLAB/EIA.2/INF.1
News article "Lamu Oil Drilling Worries Marine Bodies"
UNEP-GEF WIO-LaB Project