The United Republic of Tanzania

December 2007

Capacity Assessment for the Sound Management of Chemicals, Tanzania

Tanzania SAICM Pilot Project

The 2006-2009 pilot project in support of National SAICM implementation to “Strengthen Governance, Civil Society Participation and Partnerships within an Integrated National Chemicals and Waste Management Programme” in Tanzania has been supported by the United Nations Institute for Training and Research (UNITAR) with the financial support of the Swiss Agency for Development and Cooperation.

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EXECUTIVE SUMMARY The Capacity Self-Assessment is an activity that was conducted as an initial step towards preparing a national SAICM implementation plan. This study aimed at setting a baseline and focus towards identification of activities that address the national needs and priorities. The capacity assessment for national SAICM implementation in Tanzania has revealed important areas that will form a base on which sound chemicals and wastes management strategies can be formulated. Using questionnaires, a total of 67 institutions, which in one way of the other perform activities related to chemicals management, were visited and/or asked to fill the questionnaires. The results from this survey revealed the following; there is low level of participation of private sector/civil society in government decision making as far as management of chemicals and wastes is concerned; most regulations provided for in the existing legislation are not in place; there is inadequate enforcement of the existing legislation; there is lack of coordination among stakeholders during project planning and implementation; and lack of awareness on issues related to chemicals management. The study identified some initiatives that are taken by different institutions towards chemicals and wastes management. However, these initiatives have registered limited success. This has been attributed to limited financial and human resources. The majority of the surveyed institutions do not set aside resources for chemicals and waste management reflecting that chemicals management has not been a priority. It was also revealed that, most of the institutions do not have in place adequate data/information storage, retrieval and sharing mechanisms on chemicals management. The study also found that meetings, workshops and seminars are the major mechanisms for information sharing. However, the level of Information sharing among institutions was considered to be low. Majority of the respondents proposed for the establishment of an information system and databases on chemicals and wastes management, which can be accessed by institutions and other stakeholders for sound chemicals and waste management. It was also established that there exists a certain level of awareness on mutual supportiveness between chemicals business and environmental management. Only a few institutions had conducted projects related to chemicals management over the past five years, mainly due to limitations in resources. Several institutions reported to be aware of, and involved in the implementation of international conventions. However, the level of involvement is considered to be low. It was also apparent that majority of the institutions were not aware

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of most of the existing legislations. Furthermore, many of the stakeholders considered effectiveness of the legislation is low due to limited resources, poor coordination and low awareness. The stakeholders provided recommendations on activities to be given priority for effective national SAICM implementation. Among them, there was strong recommendation that a specific policy for chemicals management, which will guide chemicals management issues including national prioritization coordination and stakeholders’ participation, should be developed.

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TABLE OF CONTENTS EXECUTIVE SUMMARY ................................................................................................ i ACKNOWLEDGEMENTS ........................................................................................... vii 1. INTRODUCTION ..................................................................................................... 1

1.1 Objectives ................................................................................................... 2 1.2 Composition of Assessment Team and Terms of Reference ............ 3 1.3 Methodology .............................................................................................. 3

1.3.1 Literature review............................................................................................... 3 1.3.2 Questionnaires .................................................................................................. 4 1.3.3 Key stakeholders consulted ............................................................................ 4 1.3.4 Data analysis ..................................................................................................... 7

2. NATIONAL INSTITUTIONAL, POLICY AND REGULATORY FRAMEWORK .......................................................................................................... 8

2.1 Profile of the Government ...................................................................... 8 2.1.1 The Executive ................................................................................................... 8 2.1.2 Local Government Authorities ...................................................................... 8 2.1.3 The Parliament ................................................................................................. 9 2.1.4 Judiciary ............................................................................................................. 9

2.2 Policies and Legislation Formulation Process .................................... 10 2.3 Public Service ........................................................................................... 10

2.3.1 Public Service Reform Programme (PSRP) ............................................... 10 2.3.2 Public Financial Management Reform Programme (PFMRP) ............... 11 2.3.3 Privatization Programme under the Management of the Parastatal

Sector Reform ................................................................................................ 11 2.3.4 Local Government Reform Programme. ................................................... 11 2.3.5 Legal Reforms ................................................................................................. 11

2.4 Guiding Philosophies and Principles ................................................... 11 2.5 Chemicals Management Related Policies and Legislation ................ 13

2.5.1 National Environmental Policy (NEP) ...................................................... 13 2.5.2 The National Strategy for Growth and Reduction of Poverty

(NSGRP) ........................................................................................................ 13 2.5.3 Health Policy (1990) ...................................................................................... 14 2.5.4 Agricultural and Livestock Policy (1997) ................................................... 15 2.5.5 The Sustainable Industrial Development Policy (1996-2020) ................. 15 2.5.6 National Energy Policy (2003) ..................................................................... 16 2.5.7 Environmental Management Act (2004) .................................................... 20 2.5.8 Industrial and Consumer Chemicals (Management and Control) Act

(2003) .............................................................................................................. 20 2.5.9 The Plant Protection Act (1997) .................................................................. 21 2.5.10 The Tropical Pesticides Research Institute (TPRI) Act (1979) .............. 21 2.5.11 The Atomic Energy Act (2002) ................................................................... 22 2.5.12 The Occupational Health and Safety Act (2003) ...................................... 22 2.5.13 The Tanzania Food, Drugs and Cosmetics Act (2003) ........................... 22 2.5.14 The Mining Act (1998) .................................................................................. 23

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2.5.15 The Forest Act (2002) ................................................................................... 23 2.5.16 Urban Authorities Act (1982) and Local Government (District

Authorities) Act (1982) ................................................................................ 23 3. RESULTS: GOVERNANCE ASSESSMENT FOR SAICM

IMPLEMENTATION ............................................................................................ 24 3.1 Participation of the Private Sector and Civil Society in Chemicals Management ............................................................................................................. 24

3.1.1 Level of participation of Private Sector/Civil Society in decision making related to management of chemical and wastes ......................... 25

3.1.2 Stakeholders’ participation in identification of priority areas of Chemical Management ................................................................................. 25

3.1.3 Roles of Private Sector/Civil Society in management of chemicals and wastes as specified by the existing infrastructure/framework ........ 25

3.1.4 Initiatives taken by different organizations in chemicals management . 25 3.1.5 Awareness on potential roles of private sector/Civil Society in

management of chemicals and involvement by government on corporate matters. ......................................................................................... 26

3.1.6 Government policies on opportunities for Private Sector/Civil Society to provide or obtain government information related to management of chemicals and chemical wastes. ...................................... 26

3.1.7 Strategy/legislation to ensure equal participation of women in chemicals management decision making................................................. 27

3.1.8 Information sharing among stakeholders, including private sector and civil society involved in chemicals and waste management and mechanisms .................................................................................................... 27

3.2 A Sound Institutional and Programmatic National Framework ..... 27 3.2.1 Resources for chemical management .......................................................... 27 3.2.2 Suggestion for possible actions to address different gaps and

problems ......................................................................................................... 28 3.2.3 Assistance required to enhance capacity in chemicals management

and specific areas where training is needed .............................................. 29 3.2.4 Data/information/reports regarding chemical management ................. 30 3.2.5 Methods of data/information collection and storing, dissemination

and sharing by institutions ........................................................................... 30 3.2.6 Extent of information sharing across the different stakeholders and

private sector and civil society and method for improvement. ............. 31 3.2.7 Participation in areas of international chemical management

programmes/conventions ........................................................................... 32 3.3 Integrating Chemicals Management into National Development Priorities 33

3.3.1 Mutual supportiveness between chemicals business and environmental management ........................................................................ 33

3.3.2 National development strategies, policies and how they address chemical management .................................................................................. 34

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3.3.3 Mechanisms for coordinating institutions at national and international level for the implementation of Multi-Lateral Environmental Agreements on chemical management .......................... 34

3.3.4 Technical and human resource availability and mobilization to promote sound management of chemicals ............................................... 35

3.3.5 Awareness on WSSD Goals ......................................................................... 35 3.3.6 Social and Economic Impact Assessment ................................................. 35 3.3.7 Priority areas in chemicals management and extent of being covered

in existing legislation and existing laws/policies ...................................... 36 3.4 Effective Project Planning, Implementation, Monitoring and Evaluation ................................................................................................................. 36

3.4.1 Projects conducted on chemicals management over the past five years ................................................................................................................. 37

3.4.2 Monitoring and evaluation............................................................................ 37 3.5 Legislation and Enforcement ................................................................ 38

3.5.1 Awareness on existing legislation for chemicals management ................ 38 3.5.2 Vulnerable groups .......................................................................................... 39 3.5.3 Awareness of multilateral environmental agreements (Conventions)

related to chemicals management that have been ratified and are implemented by the country ........................................................................ 39

3.5.4 Capacity of organizations to enforce legislation on chemicals management ................................................................................................... 40

3.5.5 Adequacy of legislation ................................................................................. 40 3.5.6 Participation and information sharing ........................................................ 40 3.5.7 Enforcement ................................................................................................... 41 3.5.8 Non-regulatory mechanisms ........................................................................ 41

3.6 Summary: Worksheet for Governance Assessment .......................... 42 4. ASSESSMENT OF CAPACITIES FOR IMPORTANT CHEMICALS

MANAGEMENT ISSUES..................................................................................... 54 4.1 Information Generation and Dissemination ...................................... 54

4.1.1 Hazard identification, classification and labelling (GHS) ........................ 54 4.1.2 Exposure assessment ..................................................................................... 55 4.1.3 Toxicology ....................................................................................................... 55 4.1.4 Epidemiology and monitoring ..................................................................... 55

4.2 Risk Reduction ........................................................................................ 55 4.2.1 Chemical safety – general ............................................................................. 56 4.2.2 Safe handling and use of pesticides ............................................................. 56 4.2.3 Chemical safety at the workplace ................................................................ 56 4.2.4 Chemical-specific and Industry-sector risk reduction .............................. 56 4.2.5 Obsolete pesticides and wastes .................................................................... 57 4.2.6 Prevention and control of chemical pollution and waste ........................ 57 4.2.7 Promote safer alternatives ............................................................................ 57

4.3 Education and Awareness Raising ....................................................... 57 4.4 Accident Prevention and Control ......................................................... 58

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4.4.1 Chemical accidents ......................................................................................... 58 4.4.2 Poisoning prevention, treatment and control ............................................ 58

4.5 Analytical and Laboratory Capacity ..................................................... 58 4.6 Facts and Figures on Capacity .............................................................. 58 4.7 The summary of the analysis of the questionnaires is tabulated below. 60

4.7.1 Information generation and dissemination ................................................ 60 4.7.2 Risk Reduction ............................................................................................... 61 4.7.3 Education and Awareness Raising .............................................................. 62 4.7.4 Accident Prevention and Control ................................................................ 63 4.7.5 Analytical and Laboratory Capacity ............................................................ 63

5. OPPORTUNITIES FOR PARTNERSHIP PROJECTS .................................. 64 6. CONCLUSIONS AND RECOMMENDATIONS ........................................... 64

6.1 Conclusions .............................................................................................. 64 6.1.1 Participation of the Private Sector and Civil Society in chemicals

management ................................................................................................... 64 6.1.2 Existence of a sound institutional and programmatic national

framework ...................................................................................................... 65 6.1.3 Integrating chemicals management into national development plans ... 66 6.1.4 Effective project planning, implementation, monitoring and

evaluation ....................................................................................................... 66 6.1.5 Legislation and enforcement ........................................................................ 67

6.2 Recommendations .................................................................................. 67 7. REFERENCES ......................................................................................................... 68 APPENDIX ...........................................................................................................................

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ACKNOWLEDGEMENTS The Government of the United Republic of Tanzania acknowledges with thanks the initiatives of UNITAR in planning for and supporting countries in efforts towards sound management of chemicals through implementation of the Strategic Approach to International Chemicals Management (SAICM). The provision of funding from the Swiss Agency for Development Cooperation for this phase and for the collaborative project as a whole is hereby acknowledged and appreciated. The Government Chemist Laboratory Agency (GCLA) in the Ministry of Health and Social Welfare, which is coordinating this national project, expresses profound appreciation to the various stakeholders from within and outside the Government for their cooperation in conducting the assessment and for providing information through reports, interviews and filling questionnaires.

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1. INTRODUCTION "Governance" can be described as the process of decision-making and the process by which decisions are implemented (or not implemented). The key elements of good governance, among others include: an independent judiciary, a stable civil service, corporate governance, transparency, accountability and liability, sustainability and participatory approaches. It is a key issue as a means of achieving the sound management of chemicals and wastes through more effective, transparent, participatory and accountable governance structures, including all sectors of society and striving for the equal participation of women in chemicals management. Therefore, effective governance is recognized as one of the major factors for the success of SAICM implementation and forms one of the five key areas that serve to cluster SAICM objectives, and includes such objectives as: integrated programmes; strengthening implementation and enforcement; promoting relevant codes of conduct, including those relating to corporate environmental and social responsibility; and enhancing cooperation on the sound management of chemicals between Governments, the private sector and civil society at the national, regional and global levels. Without effective governance structures in place at the national level, reaching the WSSD 2020 goal will be for all intents and purposes very difficult to achieve. Many of the goals and objectives of SAICM (e.g. linking chemicals management to development planning) depend on sustained communication and information exchange between key actors working on chemicals management issues with those that set overall national development priorities. Having an effective governance structure in place can assist in making such links, and lend credibility to chemicals management efforts at the national level. The apparent need for moving from a project-by-project approach, with their temporary, transitory governance structures, to a programmatic approach with a more permanent, formalized, sustainable governance structure in place with the meaningful participation of all interested and affected parties ensures success in the set objectives and targets. Sustainable funding is needed both for government and stakeholders. For this reason it is important to undertake a wide-ranging audit of their national chemical safety activities in order both to identify gaps and to determine whether there are contradictions or redundancies. The term Governance can be in several contexts such as corporate governance, international governance, national governance and local governance. In this context, the following analysis of national governance for chemicals management focuses on the formal and informal actors involved in decision-making and implementing the decisions made, and the structures set in place to arrive at and implement the decisions.

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National governance structures can be “unpacked” into two subcomponents: inter-ministerial coordination (“governance within government”); and involving stakeholders (governance “expanded” to include stakeholders such as associations, cooperatives, NGOs, research institutes, religious leaders, finance institutions political parties, etc). 1.1 Objectives Tanzania recognizes the need for effective governance, which will provide an important conducive platform to ensure that chemical management activities are effectively planned and co-ordinated, that working relationships of government and stakeholders in SAICM implementation are in place, and that chemical management issues are “mainstreamed” in national development plans. Currently there are a number of on-going chemical safety initiatives in the country and one of the aims of the pilot SAICM project is to strengthen processes that will give coherence to the ongoing chemicals management activities while avoiding duplication of efforts and optimizing use of resources. Building on the information in the National Profile and other sources, the capacity assessment was intended to document and evaluate existing national capacities for SAICM implementation. Specific objectives of the Assessment included the following:

(a) To catalyze a process of collaboration between government and stakeholders towards understanding and identifying priority needs for SAICM implementation;

(b) To facilitate identification of action in government and within

stakeholder groups which collectively contribute to SAICM implementation;

(c) To identify selected areas where partnership projects between

government and stakeholder groups, or between various stakeholder groups, may be feasible; and

(d) To set stage for preparation of a SAICM Implementation Plan which

is linked to, as appropriate, an integrated national programme for sound chemicals management.

An assessment of governance issues was conducted as the first part of the SAICM national capacity assessment, in which part of the assessment focused on chemicals management issues, namely, chemicals information generation and dissemination, risk reduction and import control.

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1.2 Composition of Assessment Team and Terms of Reference A team of Government experts from the following Institutions took the lead in preparing the Governance component of the assessment:

(a) Ministry of Agriculture, Food Security and Cooperatives (b) Division of Environment; Vice President’s Office, (c) The Government Chemist Laboratory Agency; Ministry of Health and

Social Welfare (d) National Environment Management Council.

The terms of reference for the Governance Team were to assess and provide the following information for each of the five areas identified under the Governance item, as outlined in the UNITAR Capacity Assessment Guidance Document:

(a) Strengths of existing capacities; (b) Existing gaps or problems; (c) Possible action(s); and (d) Level of priority.

1.3 Methodology Various approaches were employed in order to address the issues highlighted in the Terms of Reference. These include literature review; interviews and discussions with identified key stakeholders; development of and administration of questionnaires; filling of worksheets provided in the UNITAR Guidance document; Team discussions/meetings; and site visits. 1.3.1 Literature review The literature review involved collection and reviewing information from different sources including websites and institutions. Policies, Acts and Regulations were mainly obtained from respective ministries such as Vice President’s Office, Division of Environment, Ministry of Health and Social welfare, Ministry of Agriculture, Food and Cooperatives, and Ministry of Energy and Minerals. This assessment was therefore conducted taking into account the following existing documents among others; the National Chemicals Profile; Priority Setting Workshop Report (1997); The National Action Plan for Chemicals Management; National Implementation Plan (NIP) for the Stockholm Convention on Persistent Organic Pollutants; Industrial and Consumer

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Chemicals (Management and Control) Act (2003) ; The Plant Protection Act (1997) and its Regulation; The Environment Management Act, (2004); and the National Environmental Policy (1997). Other documents which were referred to for guidance included: the UNITAR/IOMC project Implementation Manual; The SAICM Dubai Declaration on International Chemicals Management, Overarching Policy Strategy (OPS) and the Global Plan of Action (GPA); and the UNITAR project Guidance Document. References are presented at the end of text. 1.3.2 Questionnaires

In this assessment, questionnaires were the main instrument for collection of data, information and stakeholders views. Questionnaires were developed for gathering information from various stakeholders, basing on the Dubai Declaration and the SAICM Overarching Policy Strategy (OPS). In administration of the questionnaires, 67 key stakeholders were identified within Government Institutions including Ministries and Agencies, The Private Sector and Civil Society, and visited for interviews and consultations. The functions of the institutions varied from those directly involved in chemicals handling, to those indirectly involved. The functions varied from; Planning, Preparation of Policy, Guidance and laws; Research and training institutions; Laboratory Services; Awareness creation; Chemical manufacturers and importers and Mining. The full list of stakeholders is provided under Section 1.3.3 below, while a sketch map of the distribution of surveyed institutions is given in figure 1. The visits also enabled general observations / personal communication and insights into the variations of capacities. 1.3.3 Key stakeholders consulted 1.3.3.1 Category one: key ministries and agencies

1. Vice President’s Office, Division of Environment 2. Ministry of Health and Social Welfare 3. Ministry of Agriculture, Food and Cooperatives 4. Ministry of Planning, Economy and Empowerment 5. Ministry of Energy & Minerals 6. Geita Resident Mines Office, Ministry of Energy & Minerals 7. Ministry of Finance 8. Ministry of Industry, Trade and marketing 9. Government Chemist Laboratory Agency (GCLA)

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10. Tanzania Bureau of Standards (TBS) 11. Tanzania Food and Drugs Authority (TFDA) 12. Public Health Laboratory Board 13. Muhimbili National Hospital 14. Water quality Laboratory Unit, Ministry of water. 15. Strategic Grain Reserve; Ministry of Food and Agriculture. 16. Occupational Health and Safety Authority (OSHA) 17. Dar es Salaam Water Supply and Sewerage Corporation

(DAWASCO) 18. Tanzania Ports Authority (TPA) 19. Lake Victoria Environmental Management Project,(LVEMP) 20. Surface and Marine Transport Regulatory Authority (SUMATRA) 21. Tanzania Food and Nutrition Centre (TFNC) 22. Local Government Authority, Dar es Salaam City Council 23. Tanzania Revenue Authority (TRA)

1.3.3.2 Category two: academic, research & training institutions

1. University of Dar es Salaam, Chemical and Process Engineering Department

2. University of Dar es salaam, Chemistry department 3. Mikocheni Agricultural Research Institute. 4. National Institute for Medical Research 5. Tropical Pesticides Research Institute 6. Sokoine University of Agriculture, Faculty of Veterinary 7. Sokoine University of Agriculture, Department of Food Science and

Technology 8. Sokoine University of Agriculture, Faculty of Agriculture 9. Ukiriguru Agriculture Research Institute, 10. Tanzania Fisheries Research Institute 11. Agriculture Research Institute, Uyole, Mbeya 12. Tanzania Industrial Research and Development Organization 13. Cleaner Production Centre of Tanzania

1.3.3.3 Category three: chemical users

1. Sunflag Tanzania Ltd. 2. Kiliflora Ltd, Arusha. 3. Tanfoam Tanzania Ltd. 4. Vitanda Manufacturing Co. Ltd. Mwanza South. 5. Karibu Textile Mills Ltd. 6. Kiwira Coal Mine 7. Twiga Cement (T) Ltd. 8. Geita Gold Mine Ltd.Geita,Mwanza. 9. Mbeya Cement Company Ltd.

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1.3.3.4 Category four: Environmental NGOs

1. Environmental Management Trust 2. Chemical Risk Experts Foundation of Tanzania 3. Environmental Human Rights Care and Gender Organization (

ENVIROCARE) 4. Agenda for Environment and Responsible Development 5. Journalist Environmental Association of Tanzania 6. Joint Environmental and Development Management Action 7. The Environmental Professional Organization 8. Environmental Protection and Management Services, Dar es Salaam. 9. Lake Nyanza Environmental Sanitation Organization 10. Lawyers Environmental Action Team (LEAT) 11. African Networks for Chemical Analysis of Pesticides 12. Centre for Energy, Environmental Science and Technology (CEEST

) 1.3.3.5 Category five: Trade Unions

1. Tanzania Plantation and Agricultural Workers Union 2. Small Scale Miners Association 3. Trade Unions Congress of Tanzania 4. Tanzania Chamber of Minerals and Energy 5. Tanzania Association of Environmental Engineers

1.3.3.6 Category six: Cargo handlers and transporters

1. Swissport (T) Ltd 2. Link Forward Co. Ltd, Dar es Salaam. 3. Tanzania Zambia Railway Authority 4. Tanzania International Container Terminal Services Ltd

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Figure 1: Sketch map of Tanzania showing distribution of stakeholder institutions

1.3.4 Data analysis Descriptive statistics option of SPSS Version 10 Computer software was used to examine all the response variables. Ranking of responses was generated using frequency distribution after obtaining all the variable counts.

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PART I: GOVERNANCE – CAPACITY ASSESSMENT

2. NATIONAL INSTITUTIONAL, POLICY AND REGULATORY FRAMEWORK

2.1 Profile of the Government The United Republic of Tanzania is a union of two countries, Tanganyika and Zanzibar. Article 4 of the Constitution of the United Republic of Tanzania (1977) provides for three organs of the Government: Parliament, the Executive, and the Judiciary. 2.1.1 The Executive The Executive of the United Republic of Tanzania comprises the President, the Vice-President, President of Zanzibar, the Prime Minister and the Cabinet Ministers. The President is the Leader of the Executive of the United Republic of Tanzania. He is the Head of State, the Head of Government; and the Commander-in-Chief of the Armed Forces. The Vice President is the principal assistant to the President in respect of all matters in the government of the United Republic of Tanzania. He also has the responsibilities of Environmental Management and Union matters. The President of Zanzibar is the Head of the Executive for Zanzibar; Head of the Revolutionary Government of Zanzibar and the Chairman of the Zanzibar Revolutionary Council. The Prime Minister is the Leader of Government Business in the National Assembly and has authority over the control, supervision and execution of the day-to-day functions and affairs of the Government of the United Republic of Tanzania. The Cabinet of the Union government comprises of the President, Vice President, Prime Minister, Ministers and the Attorney General. The Cabinet, including the Prime Minister is appointed by the President from among members of the National Assembly. The Government executes its functions through Ministries led by Cabinet Ministers. There are 29 Ministries. Each Ministry has a sector portfolio through Presidential Instruments. The instrument for Chemicals Management is vested in the Minister for Health and Social welfare. 2.1.2 Local Government Authorities The United Republic of Tanzania is divided into 26 administrative regions, 21 being in the mainland and 5 in Zanzibar. A Regional Commissioner heads each region. The regions are further divided into 130 Districts headed by District Commissioners. Local Government Authorities exist for the purpose of

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consolidating and giving power to the people to competently participate in the planning and implementation of development programmes within their respective areas. Local Government Authorities are mandated to play two main functions: administration, law and order; and economic and development planning, in their respective areas of jurisdiction. Local Government Authorities are classified into two categories – Urban Authorities and District Councils. Urban authorities are responsible for the administration and development of urban areas ranging from townships, municipalities and Cities. The second category is the Rural Authorities commonly known as District Councils. As of November 2005, there are 130 District Councils, and Urban Councils. The Urban Councils includes 5 Cities, 3 Townships and 16 Municipals. 2.1.3 The Parliament The National Assembly is the principal organ of the United Republic and has authority on behalf of the people to oversee and advise the Government and its organs in the discharge of their respective responsibilities. The President exercises authority vested in him by the constitution to assent proposed legislation. The Parliament is headed by the Speaker who is assisted by the Deputy Speaker and the Clerk to the National Assembly, as Head of the Secretariat of the National Assembly. The major responsibilities of the Parliament are to enact laws and to oversee and advise the government and all its organs in the discharge of their respective responsibilities in accordance with the Constitution. 2.1.4 Judiciary The Judiciary in Tanzania consists of four organs: the Court of Appeal of the United Republic of Tanzania, the High Courts for Mainland Tanzania and Tanzania Zanzibar, the Judicial Service Commission for Tanzania Mainland, Magistrates Courts and Primary Courts. The Tanzanian legal system is based on common law, whereby The Tanzania Law Reform Commission is responsible for the review of the country’s laws. The Judiciary in Tanzania is headed by the Chief Justice, with the Registrar of the Court of Appeal as the Chief Executive Officer. The Principal Judge assisted by the Registrar of the High Court, is in charge of the Administration of the High court and the subordinate courts. Zanzibar has a distinct and separate legal system, apart from sharing the Court of Appeal of the United Republic, with Mainland Tanzania. According to the Constitution of the United Republic of Tanzania the High Court of Zanzibar is

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not a Union matter. Article 114 of the Constitution of Tanzania expressly reserves the continuance of the High Court of Zanzibar institutions with their jurisdiction. The Court system in Zanzibar has a high court, kadhis courts and the magistrate’s courts. 2.2 Policies and Legislation Formulation Process The process of formulating National policies is initiated by the relevant ministry’s department, which prepares a draft. The draft policy is then circulated to various stakeholders followed by a national workshop for further inputs and consensus building. The draft policy is then submitted to the Cabinet through an Inter Ministerial Technical Committee (IMTC), whose members are Permanent Secretaries. Once the Cabinet approves, it is then tabled in the Parliament for adoption. The process of formulating and approving legislation is similar to that of policy. 2.3 Public Service In response to public sector inefficiency and deep macro economic crises in mid 1980s, the Government of Tanzania embarked on wide ranging policy and institutional reforms. The reforms, which were geared to dismantle the commanding role of the State in the economy, focus on liberalization of the economy privatization of public enterprises, reorganization and right sizing of public institutions. The reforms also aimed at relocating activities and responsibilities that were assumed by the public sector to executive agencies and non-public institutions. 2.3.1 Public Service Reform Programme (PSRP) The reform takes forward the institutional reforms initiated under the Civil Service Reform Programme since 1991. It aims at transforming the public service into an efficient, effective, policy driven, responsive and results oriented institution. The programme has played a significant role in restructuring and decentralization; rationalization and streamlining of government structures; improving the policy and legislative environment; capacity building and most importantly re-defining the role of the state. The initiatives undertaken by the Public Service Reform Programme include:

(a) Strengthening good governance and enhancing the effectiveness, efficiency, and Quality of public service delivery;

(b) Stimulating public confidence through transparent, effective and efficient Administrative processes in government institutions;

(c) Developing relevant capacities in the public service and to cater for private sectors needs efficiently;

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(d) Enhancing leadership and management capacities in policy making, performance management, good governance and other related skills and competencies;

(e) Promoting public-private sector partnership. 2.3.2 Public Financial Management Reform Programme (PFMRP) This reform aims at addressing the constraints in public financial management. It seeks to develop public financial management capacity and sustainability throughout central government. 2.3.3 Privatization Programme under the Management of the Parastatal

Sector Reform This aims at reducing Parastatal dominance and promoting a larger role of the private sector, while ensuring effective use of resources. 2.3.4 Local Government Reform Programme. This focuses on decentralization of the decision making process through the greater empowerment of local authorities, facilitating the delivery to the public of more efficient, sustainable and equitable services 2.3.5 Legal Reforms In response to a bureaucratic and outdated legal and regulatory framework, the government has amended, enacted a number of laws and policies such as the National Environment Policy (1997), the Environmental Management Act (2004), The Industrial & Consumer Chemicals Act (2004), among others, as detailed in item 2.5 below 2.4 Guiding Philosophies and Principles The following are the general philosophies and principles, which are embedded in the Constitution of the United Republic of Tanzania on the Environment, and are reflected in the several strategies, policies and legislation in this area:

(a) The Environment is the common heritage of present and future generations;

(b) Right to clean and healthy environment; including the right for access

by any citizen to the various public elements or segments of the environment for recreational, educational, health, spiritual and cultural purposes.

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(c) Stake and duty to safeguard and enhance the environment and to inform the relevant authority of any activity and phenomenon that may affect the environment significantly.

(d) Adverse effects to health and environment shall be prevented and

minimized through long term integrated planning and coordination, integration and cooperation of efforts, which consider the entire environment as a whole entity;

(e) The precautionary principle which requires that where there is risk of

serious irreversible adverse effects occurring, a lack of scientific certainty shall not prevent or impair the taking of precautionary measures to protect the environment;

(f) The polluter pays principle, which requires that any person causing

adverse effect on the environment shall be required to pay in full social and environmental costs of avoiding, mitigating, and or remedying those adverse effects;

(g) Right to the involvement of the people in the development of plans

and processes for the management of the environment; (h) Right to environmental information; which enables citizens to make

informed personal choices and encourages improved performance by industry and government;

(i) Right to justice which gives individual and public interest groups the

opportunity to protect their rights to participation and to unrest decisions that do not take their interest into account;

(j) The generation of waste shall be minimized wherever practicable,

and that for proper management of waste, it shall, in order of priority, be reused, recycled, recovered and disposed of safely in a manner that avoids creating adverse effects;

(k) Non renewable natural resources shall be used prudently, taking into

account the consequences for the present and the future generations; and

(l) Renewable natural resources and ecosystems shall be used in a

manner that is sustainable and does not prejudice their viability and integrity.

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2.5 Chemicals Management Related Policies and Legislation 2.5.1 National Environmental Policy (NEP) Tanzania adopted the National Environmental Policy (NEP) in December 1997. Since environmental management is multi-sectoral as well as multidimensional, the policy formulated is a framework document, which gives direction on elements to be considered in order to mainstream environmental matters into sectoral policies. The importance of environmental management for sustainable development has been clearly stipulated in the NEP. The objectives of the Policy include ensuring sustainability, security, and equitable use of resources to meet the basic needs of the present population without compromising those of the future generations, without degrading the environment or risking health or safety. The policy also focuses on preventing degradation of land, water, vegetation and air, which are crucial elements for life. The policy advocates for development and application of environmentally friendly pest control methods, and underscores the need for promotion and application of environmentally friendly technologies such as recycling reuse and safe waste disposal. The environmental policy emphasizes the importance of international cooperation with regard to environmental issues, the context in which Tanzania participates and implements several bilateral, sub-regional, regional and international treaties and programs that are related to environmental protection including the control of toxic substances. These include the Bamako, Basel, Rotterdam and Stockholm Conventions. Tanzania also actively participated in the development of the Strategic Approach to International Chemicals Management (SAICM), and in adoption of the same in Dubai, February 2006. 2.5.2 The National Strategy for Growth and Reduction of Poverty

(NSGRP) The NSGPR of 2004 is a new policy initiative, which has its roots in the Poverty Reduction Strategy Paper (PRSP) of 2000. The NSGRP keeps in focus the aspiration of Tanzania’s Development Vision (Vision 2025) for high and shared growth, high quality livelihood, peace, stability, unity, good governance, high quality education and international competitiveness. The Strategy is committed to the Millennium Development Goals (MDGs) as internationally agreed targets for reducing poverty, hunger, diseases, illiteracy, environmental degradation and discrimination against women. In addition the strategy seeks to:

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(a) Deepen ownership and inclusion in policy making processes by recognizing a need to make participation more institutionalized;

(b) Pay greater attention to mainstreaming cross-cutting issues – HIV

and AIDS gender, environment, employment, governance, (c) Children, youth, elderly, disabled and settlement and; and (d) Address discriminatory laws, customs and practices that retard socio-

economic development or negatively affect vulnerable social groups. The NSGRP is a five-year framework policy. It outlines goals, targets and strategies for 3 clusters. These are:

(a) Cluster I - growth of the economy and reduction in income poverty; (b) Cluster II – improvement of quality of life and social well-being; (c) Cluster III – Good governance and accountability.

The issues of management of chemicals fall under cluster II, while the issue of Governance falls under cluster III. The government has endorsed several reforms programmes since mid-1980s (see sections 2.3.1 – 2.3.5). The Local Government Reform Program comprises five inter-locking elements which are: decentralization of authority and responsibilities; strengthening accountability of Local Government staff and Councilors; increasing availability of resources to Local Government Authorities by improving the share of viable revenue sources accessible to LGAs and enhancing grants from Central Government; providing the framework for delivery of services on behalf of the Government; and building capacity for effective resource management 2.5.3 Health Policy (1990) The overall objective of the Tanzanian Health Policy in is to improve the health and well being of all Tanzanians, with a focus on those most at risk, and to encourage the health system to be more responsive to the needs of the people. Specific objectives include to:

(a) Reduce infant and maternal morbidity and increase life expectancy through the provision of adequate and equitable maternal and child health services, promotion of adequate nutrition, control of communicable diseases and treatment of common conditions;

(b) Ensure that health services are available and accessible to all urban

and rural areas; (c) Move towards self sufficient in manpower by training all the cadres

required at all levels from village to national level.

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(d) Sensitize the community on common preventable health problems. (e) Promote awareness in government and the community at large that

health problems can only be adequately solved through multi- sectoral cooperation.

(f) Create awareness through family health promotion that the

responsibility for health rests squarely with the able-bodied individual as an integral part of the family.

(g) These objectives are to be achieved through Primary Health Care

(PHC) which is the central element of health promotion aiming at coordinated action by all concerned e.g. health and health related sectors, local authorities, industry, non-governmental and voluntary agencies, the media and the community at large.

The Health Policy has been reviewed in 2007. 2.5.4 Agricultural and Livestock Policy (1997) The policy emphasizes on promotion of Integrated Pest Management (IPM) through plant protection and agricultural extension services. It also requires strengthening of agrochemicals registration and monitoring. However, the policy does not provide specific guide on POP Pesticides. This is due the fact that by the time of formulating of the policy POPs issues were not yet prominent. However, it stresses on implementation of IPM. Tanzania embarked on IPM programme since 1992 and to date pest management technologies packages for cotton, maize, coffee and vegetables have been developed together with farmers and are being implemented. This has resulted in reduced use of pesticides. Also various substitutes are already in use. These include chemical, biological and botanical pesticides. 2.5.5 The Sustainable Industrial Development Policy (1996-2020) The Sustainable Industrial Development Policy (SIDP) gives a framework of broad on factors, which influence the direction of the country’s industrialization process for the next 25 years. The national goals, towards which the industrial sector is geared, include human development and creation of employment opportunities, economic transformation for achieving sustainable growth, external balance of payments, environmental sustainability and equitable development. Under the section on “sound environmental management” the policy framework states that; “In order to ensure promotion of environmentally friendly and ecologically sustainable industrial development, the following will be implemented:

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(a) The government will carry out sensitization on environmental

awareness in its broader application; (b) The government will forge deliberate and mandatory devices to

reactivate legal mechanisms to enable involved institutions to be more effective in matters of environmental management;

(c) An appropriate motivational mechanism will be provided within the Investment Promotion Act geared to cater for promotion of investments which contain anti-pollution programmes;

(d) Environmental Impact Assessment (EIA) and appropriate mitigation

measures will be enforced for all projects at implementation stage; and

(e) The government will promote the continuous application, of an

integrated preventive environmental strategy to industrial processes, products and services which will include propagating efficient use of raw materials and energy, elimination of toxic or dangerous materials, as well as reduction of emissions and wastes at source.

In this regard, the government will develop the capacity within its institutional machinery and support other initiatives designed to enhance application of cleaner production concept as an important complement to end-of-pipe pollution control. Therefore the policy promotes the reduction and eventual elimination of discharges/emissions of toxic chemicals. Therefore, issues of PCBs, PCDD and PCDF from industrial processes, can be covered in this respect. 2.5.6 National Energy Policy (2003) The policy objectives are to ensure availability of reliable and affordable energy supplies and their use in a rational and sustainable manner in order to support national development goals. The policy therefore aims to establish an efficient energy production, procurement, transportation, distribution and end-use systems in an environmentally sound manner. The policy statements regarding environment, health and safety are: promoting environmental impact assessment as a requirement for all energy programmes and projects; promoting energy efficiency and conservation as a means towards cleaner production and pollution control; promoting development of alternative energy sources including renewable energies and wood fuel end-use efficient technologies to protect woodlands; promoting disaster prevention, response plans, and introducing standards for exploration, production, conversion, transportation, distribution, storage and fuel end-use.

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2.5.7 National Policy Guidelines, Standards and Procedures for Healthcare Waste Management in Tanzania. Safe management of health-care waste is a key issue to control and reduce nosocomial infection inside a health facility and to ensure that the environment outside is well protected. Health-care Waste Management shall be part of the overall management system of a Health-care Facility and reflects the quality of the services provided by the health facility. The absence of management measures to prevent exposure to hazardous Health-care Waste results in serious health risks to the General public, in and out patients as well as the medical ancillary staff. Tanzania through the Ministry of Health and Social Welfare developed the National Health-care Waste Management National Policy Guidelines and Standard Procedures in September 2006. The instructions and rules contained in these policy guidelines have to be applied in all Health Center Facility in Tanzania. The broad objective of the policy Guidelines is to identify appropriate Health-care Waste Management (HCWM) methods that can be applied in healthcare facilities and within communities. More specifically it aims at:

Providing better knowledge of the fundamentals of HCWM planning and a better understanding of the hazards linked to HCWM,

Developing HCWM plans, standards and procedures which are protective for both the human health and the environment, in compliance with the current environmental and public health legislation of Tanzania taking into consideration the financial possibilities of each situation,

Setting priority actions in order to tackle the most sensitive problems related to HCWM (e.g. disposal of highly infectious wastes and sharps) and to present these actions as a result of more global framework,

Reviewing appropriate and sustainable technologies to treat and dispose of HCW,

Facilitating the analysis of HCWM problems and develop strategies for the safe management of HCW at all health facility levels, and

Sensitizing the private sector to invest in HCWM (Private Public Partnership).

On the other hand, the overall objective of establishing standards and procedures for Health Care Waste Management in Tanzania is to provide guidance on how waste shall be properly managed at all levels in rural and urban settings for environmental and public health protection. Among other things, standards and procedures has established Healthcare Waste Generation Rates. That; the rate of waste generation at a given hospital increases with the number of beds available and the occupancy rate.

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2.5.8 The National Guidelines for Malaria Vector Control

The National guideline for Integrated Malaria Vector Control of 2006 is a draft document prepared for use as one of approaches in vector control where by source reduction through larval control, personal protection, indoor residual spraying and environmental management, will be used by employers, municipalities and households to reduce mosquitoes.

This guideline is one of the core strategies of malaria control stipulated in malaria Medium team Strategies Plan (MMTSP) with the main objective of guiding partners and stakeholders in planning, implementing, monitoring and evaluation of integrated malaria vector control activities effectively.

One of the proposed control options methods the use of DDT which recommended as the first line insecticide indoor residual spraying and is restricted only for public Health use in insecticide indoor spraying and is strictly governed by the protocol of the Stockholm Convention on persistent Organic Pollutants (POPs) and specific recommendations of the World Health Organization.

2.5.9 National Water Policy – July 2002 Water is one of the most important agents to enable Tanzania achieve its Development Vision objectives (both social and economic), such as eradicating poverty, attaining water and food security, sustaining biodiversity and sensitive ecosystems. The revised National Water Policy and subsequent reviews and reforms of existing laws, institutional framework and structures are aimed at meeting the objectives of Water and the Tanzania 2025 Development Vision. It is now more than ten years since the 1991 National Water Policy was launched. During this period, many changes have taken place in the sector with major emphasis on active participation of communities, private sector and local governments as the role of central government in services provision diminishes. Tanzania signed Agenda 21, which is an outcome of United Nations Environment Meeting in Rio de Janeiro. The Agenda emphasized all nations to protect natural resources including water resources against pollution and conservation of the ecosystems. The Policy also emphasized that the Central Government has a responsibility of protecting water sources while environmental protection was not accorded its due importance. The main objective of this revised policy is to develop a comprehensive framework for sustainable development and management of the Nation’s water resources, in which an effective legal and institutional framework for its implementation will be put in place. The policy aims at ensuring that

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beneficiaries participate fully in planning, construction, operation, maintenance and management of community based domestic water supply schemes. This policy seeks to address cross- sectoral interests in water, watershed management and integrated and participatory approaches for water resources planning, development and management. Also, the policy lays a foundation for sustainable development and management of water resources in the changing roles of the Government from service provider to that of coordination, policy and guidelines formulation, and regulation. 2.5.10 CHEMICALS MANAGEMENT LINKING TO POVERTY REDUCTION. Chemicals are part of our lives, many of which have been developed for the greater good to control diseases, increase food production and produce various industrial products. The benefits attributable to the production and use of chemicals are indisputable, but have been in the past gained parallel to varying levels of loss in terms of damage to health and the environment. Tanzania has experienced cases in which exposure to chemicals has evidently led to serious damage to health; particularly to children, women and to the low income (poor) societies and the environment in general. Misuse of chemicals and pesticides in many developing countries that are characterized by poor income capacity and poor living standard of their people, has always caused deaths through exposure, accidental poisonings and suicides/ homicides and environmental pollution. Hazards chemicals and pesticides that are known to be harmful and toxic to human health and the environment are been used particularly in agriculture activities; industries and general domestic uses have resulted to promotion of hunger, diseases like cancer and poverty. Poverty is now widely viewed as encompassing both income and non-income dimensions of deprivation- including lack of income and other materials means; lack of access to basic social services such as education, health and safer water; lack of personal security and lack of empowerment to participate in decisions that influence one’s life. Linking poverty reduction and environmental chemicals and waste management, the focus is on ways to reduce poverty and sustain growth by improving environmental management, broadly defined. It seeks to draw out the links between poverty and the environment, and to demonstrate that sound and equitable management of the environment integral to achieving the Millennium Development Goals, in particular extreme poverty and hunger, reducing child motility, combating major diseases, and ensuring environmental sustainability. Managing Chemicals in environment is concerned with sustaining the long-term capacity of the environment to provide the goods and services upon which

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people and economies depend. This means improving chemicals management by ensuring equitable access by the poor to environment assets-in particular land and biological resources and sanitation- In order to expand poor peoples livelihood opportunities, protect their health and capacity to work, and reduce their vulnerability to environment- related risks. This broader conception of environmental chemical management in relation to poverty reduction points to the need for policy and institution change across many actors in the public, private and civil society arenas. 2.5.11 Environmental Management Act (2004) The Act provides the legal and institutional framework for sustainable management of environment. It also provides principles for environmental management, impact and risk assessments, prevention and control of pollution, waste management, environmental quality standards, public participation, compliance and enforcement; and basis for implementation of international instruments on environment. The Act provides mechanisms for implementation of the National Environmental Policy and establishes the National Environmental Fund. The Act empowers the Minister to promulgate Regulations covering among others compliance with international obligations; and regulation of POPs and other toxic chemicals; Including compensation, clean-up and emergency response to spills and accidents, as well as the establishment of national, city, municipal, town and village contingency plans. In Zanzibar, the Environmental Management for Sustainable Development Act of 1996 provides for institutional arrangement for management of the environment. The Act also covers aspects of environmental management such as environmental planning, environmental impact assessment (EIA) and establishment of environmental standards.

2.5.12 Industrial and Consumer Chemicals (Management and Control) Act (2003)

The Industrial and Consumer Chemicals (Management and Control) Act No 3 of 2003 provides for the management and control of the production, import, transport, export, storage, dealing and disposal of industrial and consumer chemicals in the country. The law provides for the registration, restrictions, prohibition and inspection of chemicals. Furthermore it has provisions for safe handling, chemical wastes, accidents; management of spills and contaminated sites and decommissioning of plants. The Act provides for establishment of various technical committees incorporating a variety of stakeholders, including one for Chemical

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Emergencies. There are provisions for coordination of chemicals management policies and programmes, and fostering cooperation between the Technical Committee and other institutions in chemicals management. The Act has included some provisions for implementation of Multilateral Agreement Ratified by the Government such as the Rotterdam Convention, and for banns or restriction on chemicals known to be hazardous to health and the environment. 2.5.13 The Plant Protection Act (1997) The Plant Protection Act has the main objective of providing for sustainable control of importation and use of plant protection substances in Tanzania. Sections 16(k) and 42(g) of the Act provides for the Prior Informed Consent (PIC) procedures on the importation and exportation of plant protection substances. The Act also provides that handling of pesticides shall be according to the framework of the FAO Code of Conduct on the Distribution and Use of Pesticides. Section 27 of the Plant Protection Regulations (1999) stipulates restrictive registration conditions of pesticides with POPs characteristics. The Act has been scheduled for revision in the year 2003/2004 and among issues to be incorporated is the control of POP Pesticides. Although currently there is no specific provision to control POPs releases, Tanzania recognizes the problems associated with POPs and has taken measures, which will result into reduction and eventually elimination of POP Pesticides. For example, up to 1999 the number of registered POP Pesticides for restricted uses went down to only three (Aldrin, Heptachlor, and Chlordane). To date there are no POP Pesticides registered. DDT has been banned for use in agriculture and thus is not registered. At present there is no provision to regulate DDT use in public health. Under the Plant Protection Act (1997) inspectors have legally being appointed and are undergoing routine training to improve their performance. POP Pesticides are among critical issues being considered to control illegal importation. 2.5.14 The Tropical Pesticides Research Institute (TPRI) Act (1979) The Tropical Pesticides Research Institute Act No. 18 of 1979 is an Act established to provide for research and Pesticides Control. This legislation, established the institute which some of the main functions include; to carry out, and promote the carrying out, of research and to evaluate and disseminate the findings on the fundamental aspects of pesticides application and behavior in relation to the control of tropical pests by both ground and aerial spraying techniques in different areas of application; supervise and regulate the manufacture and formulation, importation, distribution, sale, use and disposal of pesticides in the country through registration, issuing of import certificate

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and regular inspection for the purpose of ensuring effectiveness of pesticides use in production of crops, fibres, and livestock and for the protection of public health and safety. 2.5.15 The Atomic Energy Act (2002) The Atomic Energy Act No. 7 of 2002 has several parts of administration and control. PART III of the Act provides for control of the use of ionizing radiation sources and installations; PART IV provides for control of radioactivity in foodstuffs; PART V provides for radiation protection, physical protections, nuclear safety, radioactive safety management, and emergency preparedness; PART VI provides for the control of radiation exposure from natural sources; PART VII provides for the control of devices producing non ionizing radiation and PART VIII provides for the promotion of atomic energy and nuclear technology. Under this Act, importers, exporters, transporters and users of ionizing radiation sources and installations have to registers, submit a detailed demonstration of safety and apply for an import/dealing license. 2.5.16 The Occupational Health and Safety Act (2003) The Occupational Health and Safety Act No. 5 of 2003, makes provisions for the safety, health and welfare of persons at work in the factories and other places of work. To provide for the protection of persons other than persons at work against hazards to health and safety arising out of or in connection with activities of person at work; and to provide for connected matters. The Act has specific provisions related to health and Chemicals, these include; PART IV provides Safety provisions, PART V provides, health and welfare provisions, PART VI provides safety special provisions, PART VII provides hazardous materials and processes and PART VIII provides for chemical provisions. All these parts in the Act aimed at ensuring safety, health and welfare of persons at work in the factories. 2.5.17 The Tanzania Food, Drugs and Cosmetics Act (2003) PART IV of this Act provides for provisions for control regarding drugs importation, distribution, use and dealing in drugs, medical devises or herbal drugs, clinical trial of drugs, drugs and poisons, prohibited drugs and cosmetics. Under this Act, all importers, distributors, users and dealing in Drugs and cosmetics are required to register to the regulating authority and apply for any import license when want to import registered products.

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2.5.18 The Mining Act (1998) The Mining Act (1998) has the objective of regulating all mining activities, including prospecting mining and dealing in minerals and related matters. The mining (Environmental Protection) Regulation (1999) provides for Environmental Impact Assessment and management. Among other issues provided for are sound use and storage of chemicals, and compliance to environmental standards. Artisanal and small-scale miners are required to use retorts when using mercury, and to ensure proper disposal of wastes. The regulations prohibit the employment of children. 2.5.19 The Forest Act (2002) This Act provides for the management of forests and related matters. The objectives of this Act include: to enhance the contribution of the forest sector to the sustainable development of Tanzania and promote the conservation and management of natural resources for the benefit of present and future generations; to delegate responsibility for management of forests resources to the lowest possible level of local management consistent with the furtherance of national policies; and to facilitate greater public awareness of the cultural, economic and social benefits for conserving and increasing sustainable forest cover by developing programmes on training, research and public education. In addition, the Act provides for forest management plans, which cover issues of forest reserves other than Village and Community Forest Reserve; permit and licenses for activities carried in national and local authority forests reserves; trade in forest produce; and conservation of trees, wild animals and plants. The issues of wild fire and illicit felling of trees are well covered and given more weight in the Act by elevating the fines for offenders. There is no provision regarding control of emissions of PCDD and PCDF. 2.5.20 Urban Authorities Act (1982) and Local Government (District

Authorities) Act (1982) The Act provides measures to curb land degradation caused by human activities such as overgrazing, development of human settlements and use of fuel-wood. It also provides for issues regarding sanitation and waste management.

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3. RESULTS: GOVERNANCE ASSESSMENT FOR SAICM IMPLEMENTATION

The present Governance assessment for implementation of SAICM and for national chemicals management focused on five areas as proposed by UNITAR1, which had been identified basing on the SAICM Dubai Declaration and the OPS. The areas were:

(a) Integrating Chemicals Management into National Development Priorities; (b) A Sound Institutional and Programmatic National Framework; (c) Effective Project Planning, Implementation, Monitoring and Evaluation; (d) Legislation and Enforcement; and (e) Participation of the Private Sector and Civil Society in Chemicals

Management.

For each of the five areas outlined above the assessment focused on the strengths of existing capacities, existing gaps or problems, possible action and the level of priority given to the issues by stakeholders.

3.1 Participation of the Private Sector and Civil Society in Chemicals Management.

Civil society and the private sector have major roles in chemicals management capacity building, e.g. in educating and raising awareness on the issues related to effects of chemicals on human health and the environment. It is in the interest of Tanzania government to involve private sector and civil society as major stakeholders and partners in SAICM governance, if the 2020 goal is to be achieved. Key stakeholders have been involved from the earliest stages of SAICM implementation, including planning, implementation and monitoring, in order to create ownership. It has been documented that when stakeholders are involved at the strategic level, it saves time and money during implementation because government decisions are less likely to be challenged at later stages (Global Civil Society Committee, 2007). Therefore, participatory engagement of stakeholders enhances success of implementation. The private sector, in particular industry, can be a net contributor of resources needed in capacity building. This is in line with the government thinking of harnessing private sector participation and partnerships in support of sustainable development. Where industry is involved, systems can be developed that work on a cost recovery basis to ensure sustainability. Civil society may also play a significant role in chemicals management, particularly in areas of capacity building activities, awareness raising, advocacy and information collection and dissemination especially to grass roots. Multilateral organizations such as the GEF and the Multilateral Fund for the Implementation of the Montreal Protocol, for example, recognize the potential of civil society and the private sector to assist governments in the “delivery” of chemicals management-related commitments.

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3.1.1 Level of participation of Private Sector/Civil Society in decision making related to management of chemical and wastes

Among the 67 participating institutions, 47.8% consider level of participation being medium while 34.3% consider the level of involvement to low (see Table 1).

Table 1: Ranking of Level of participation of private sector/civil society regarding

decision making concerning management of chemical and wastes by different institutions

Level of participation Number of institutions Percentage of institution [%]

High 3 4.5

Medium 32 47.8

Low 23 34.3

No response 9 13.4

Total 67 100

3.1.2 Stakeholders’ participation in identification of priority areas of Chemical Management

Sixty percent (60%) of the respondents indicated to have worked with other organizations in identifying priority areas for chemicals management. Of those who had worked with other organizations on issues of chemicals management, considered the level of participation to be medium to low, 44.7% and 40.3%, respectively. Barriers to Participation The stakeholders identified the barriers to participation of the private sector /civil society in management of chemicals and wastes to be lack of knowledge, skills, and experience in chemicals management (42%), inadequate resources (15%), and not being involved in decision making (13%). Other barriers that were mentioned by a small number of respondents include chemicals management was not considered to be a priority, inadequacy of provisions in the existing legislation, poor coordination among Government organizations, private sector, civil society and NGOs, high cost of managing chemicals and low level of commitment within the private sector. 3.1.3 Roles of Private Sector/Civil Society in management of chemicals and wastes as

specified by the existing infrastructure/framework

Among the interviewed stakeholders, only 4.5% considered the extent to be adequate. The rest considered the level either medium (44.8%) or low (50.7%). 3.1.4 Initiatives taken by different organizations in chemicals management

Of all the 67 visited institutions, 60% indicated to have successfully undertaken some initiatives in chemical management over the past five years. The initiatives taken by

26

different institutions varied according to the type of institution e.g. 43% that they have been involved in awareness raising and training, while 16% have been involved in research and pollution control. 15% of respondents indicated that they have done

nothing in this area. 3.1.5 Awareness on potential roles of private sector/Civil Society in

management of chemicals and involvement by government on corporate matters.

The extent of awareness on potential roles of private sector/civil society in management of chemicals and wastes was ranked by 30% high, 34.2% medium, and 29.4% low. Government had involved about 44.7% of the surveyed institutions on corporate matters while 30% reported that they were not (Figure 2).

The stakeholders mentioned the following barriers in involving private sector and civil society: poor coordination of private sector/civil society, weak enforcement of existing legislation, lack of specific policy on chemicals management, absence of specific mechanism to promote partnership between private sector and civil society, and low awareness and information flow.

Figure 2: Involvement in consultations by government and private sector on corporate

matters.

3.1.6 Government policies on opportunities for Private Sector/Civil Society to

provide or obtain government information related to management of chemicals and chemical wastes.

On the opportunities for private sector/civil society to provide or obtain Government information related to management of chemicals and chemical wastes, only thirty six institutions (36%) said there were policies in place while 26% of respondents were not aware of any such policy, the rest did not give response.

0

10

20

30

40

50

Yes No No response

% In

stit

uti

on

s

Responses

27

In general, it was noted that Government policies concerning opportunities for private sector/civil society to provide or obtain government information related to management of chemicals and chemical wastes existed in the sectors of Health, Chemicals and Environmental Management.

3.1.7 Strategy/legislation to ensure equal participation of women in chemicals management decision making

Only 18% of respondents were aware of existence of a strategy/legislation to ensure equal participation of women in chemicals management decision-making. The majority (51%) was not aware of any such strategy/legislation while 31% did not respond. However, the extent of women involvement in decision making on chemicals policy and management was ranked by respondents as being high by 22.3%, medium by 19% and low by 58.3%.

3.1.8 Information sharing among stakeholders, including private sector and civil society involved in chemicals and waste management and mechanisms

The extent of information sharing was ranked high by 32.8% of the stakeholders, 37.3% ranked it medium and 29.9% low. Several mechanisms of information sharing were identified by institutions, and varied depending on the role of the institutions. 35% indicated through meetings, committees, workshops and seminars, 23% indicated that mass media, websites, telephone, letters and facsimile could be used. Other mechanisms were brochures, leaflets, publications, newsletter, reports, manuals and posters. Some of the NGOs reported to have established a network.

3.2 A Sound Institutional and Programmatic National Framework A number of steps have been taken to link chemicals management capacity activities and projects within a national “programmatic” framework for the sound management of chemicals. A core feature of a programmatic approach represents a long-term national commitment to chemicals management where relevant government sectors establish and participate in a national chemical safety co-coordinating mechanism, while maintaining their independence to execute individual components and projects within their areas of jurisdictions and competence. Along the same vein, development of a National Programme for the Sound Management of Chemicals paves way to conducting a strategic evaluation of progress made and challenges faced at the national level towards reaching the WSSD 2020 goals and the targets as established by SAICM.

3.2.1 Resources for chemical management On the resources set aside in annual budgets for activities including capacity building on chemicals management, 49.3% of institutions reported that, they normally set aside resources for chemical management, while 35.8% indicated that they don’t (Table 2).

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However, only 10.4% of the institutions said the resources were adequate, while the majority (46.3%) found the resources inadequate. Several suggestions were put forward to improve the situation, including strengthening capacity of institutions, collaboration and establishment of a national policy. On chemicals management (Table 3). Table 2: Institutions setting aside resources for chemical management

Response Number of institutions Percentage of institution [%]

Yes 33 49.3

No 24 35.8

No response 10 14.9

Total 67 100

Table 3: Suggestions for improvement of resources for chemicals management

Suggestions Number of institutions

Percent institutions

[%]

Strengthen capacity : resources and knowledge 44 58

Mainstreaming Chemicals management into National plans 4 5

National policy to issues related to chemicals management 4 5

More collaboration between Government and private Sector 8 11

Several barriers/gaps were put forward to as reasons for low institutional capacity for chemicals management in Tanzania ( Table 4). Table 4: Existing gaps or problems associated with low institutional capacity for chemical

management

Existing gaps or problems Number of Institutions

Percent institutions

[%]

Mainstreaming and guidance policy for chemicals management 6 7

Inadequate resources 36 42

Lack of relevant knowledge and awareness on chemicals management

15 18

Not institution's priority 4 5

3.2.2 Suggestion for possible actions to address different gaps and problems Different institutions gave suggestions on how to address the gaps listed in Table 4, which include training on safe handling of chemicals, awareness creation, capacity building in terms of equipment and financial resources (Table 5).

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Table 5: Suggestions for action to address gaps/ challenges

List of suggestions

Number of Institutions

Percent institutions

[%]

Provide adequate resources 49 34

Training and awareness creation on chemicals and waste management 49

34

Mainstream chemicals management into national Policy/strategies 8

5

Strengthen information collection, storage, retrieve and dissemination 9

6

Strengthen enforcement system of exiting legislation 10 7

3.2.3 Assistance required to enhance capacity in chemicals management and specific areas where training is needed

The majority of respondents identified awareness raising, availability and dissemination of chemical information, disposal of obsolete chemicals, followed by financial and human resources, as areas where assistance is needed for chemicals management (Table 6). Stakeholders identified the areas where training is needed to build institutional capacity for chemicals management. These include training in hazardous effect of chemicals (60%), risk assessment and monitoring and evaluation (16%) Table 7: Special areas where training is particularly needed

Special areas where training is needed

Number of institutions

Percent institutions

[%]

Training on hazardous effect of chemicals and disposal techniques 52 60

Risk assessment, monitoring and evaluation of chemicals hazards 14 16

No Response 12 14

Training on chemicals inspection and sampling procedure 3 3

Review and prepare a comprehensive chemical management plan 4 5

Not Applicable 1 1

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Table 6: Assistance requested by institutions to enhance their capacity in chemical management

Different assistance requested by institutions

Number of institutions

Percent institutions

[%]

Awareness raising, availability and dissemination of Chemical Information 23 25

Capacity building in terms of financial and human resources 55 60

Disposal of obsolete chemicals 5 5

No Response 7 8

Guidance policy in chemicals management 2 2

Table 7: Special areas where training is particularly needed

Special areas where training is needed

Number of institutions

Percent institutions

[%]

Training on hazardous effect of chemicals and disposal techniques 52 60

Risk assessment, monitoring and evaluation of chemicals hazards 14 16

No Response 12 14

Training on chemicals inspection and sampling procedure 3 3

Review and prepare a comprehensive chemical management plan 4 5

Not Applicable 1 1

3.2.4 Data/information/reports regarding chemical management It was found during this study that 59.7% of the stakeholder institutions had either information/data/reports regarding chemical management. The type of data and information include:

(a) Safety information on chemicals; (b) Chemicals and chemical waste management; (c) Inventory of obsolete chemicals and pesticides; (d) Daily and annual reports of chemical used; and (e) Training, Field/research and laboratory analysis reports/data.

3.2.5 Methods of data/information collection and storing, dissemination and

sharing by institutions There was a significant variation in the way information/data is collected and stored among institutions. The reported methods used for collecting and storing information include computerized systems (31%) and field, research and daily chemicals use reports/data (44%) (Table 8). The information distributed pathways include through

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training, meetings, seminars, workshops (41%); mass media (21%) and newsletter, brochure, bulletins etc. (13%) (Table 9).

Table 8: Methods of data/information collection and storing in different institutions

Methods of data/information collection and storing Number of institutions

Percent of institutions [%]

Computerized system 26 31

Not Applicable 7 8

Field, research and daily chemicals use reports/data 37 44

Incidence reports 2 2

No Response 9 11

Training, workshop and seminars 4 5

Table 9: Mechanisms for information sharing on chemical management.

Other mechanism for information sharing Number of institutions

Percent of institutions [%]

Training, Meetings, Seminars, workshop and forums 45 41

Not Applicable 8 7

Media, exhibition and website, 23 21

Newsletter, bulleting, leaflets, posters, reports and brochures 14 13

No Response 20 18

3.2.6 Extent of information sharing across the different stakeholders and

private sector and civil society and method for improvement. Extent of sharing information across the different stakeholders was perceived as being low by the majority of respondents (62.7%). Respondents suggested various methods to improve information collection and dissemination among stakeholders. These suggestions include: Strengthening information communication (42%), strengthen private sector collaboration (16%) and capacity building (23%) (Table 10).

Stakeholders also suggested actions to be taken to improve accessibility to information, these included: establishment of National website for chemical management (36%) and awareness raising (36%) (Table 11).

Table 10: Suggested methods of improving information collection

Methods of improving information collection

Number of institutions

Percent of institutions

[%]

Strengthen Information Communication system 35 42

Strengthen public/private sector collaboration 16 19

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No Response 13 16

Capacity building, in terms of financial, and human recourses 19 23

Table 11: Actions to be taken to improve accessibility to information on chemical

management

Actions to be taken to improve accessibility to information on chemical management

Number of institutions

Percent of institutions

[%]

National website for chemicals management 27 36

Awareness raising of those generates and use the information 27 36

No Response 14 18

Development of National Policy, legislation & enforcement 6 8

Increase resources allocation 2 3

3.2.7 Participation in areas of international chemical management programmes/conventions

It was apparent during this study that different institutions had participated in one or more areas related to international chemical management programmes/conventions. Among the stakeholder, 19.4% had participated in the activities related to the Stockholm Convention for POPs and Rotterdam Convention for PIC. Those who participated came to learn about these conventions through meetings, seminars, websites, newsletters, international fora, invitation letters, NGOs, environmental programmes. In general, the stakeholders participated in other International activities related to their areas of work.

Several priority areas were identified by the respondents, these include disposal of chemicals waste and obsolete chemicals (14%), chemicals management policy (15%), training and awareness (41%), risk assessment, monitoring and evaluation (16%) and increased resources (13%) (Table 12). Table 13 lists criteria for setting out priorities. Table 12: Priority areas identified by stakeholders

Several priority areas pointed out by different institutions

Number of institutions

Percent of institutions

[%]

Disposals of chemicals wastes and obsolete 16 14

Specific chemical management policy and strengthening enforcement of the existing legislations 17 15

Training and awareness of stakeholders on chemical management 48 41

Risk assessment, monitoring and evaluation to protect human health and environmental 19 16

Increase resources 16 13

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Table 13: Criteria for setting out priorities as given by different institutions

Criteria for priority setting

Number of institutions

Percent of institutions

[%]

Impact to human health and environment 35 46

Cost of managing the chemicals 8 11

Not Applicable 2 3

Lack of specific policy in chemicals management 4 5

No disposal options available 5 7

No Response 15 20

Inadequate information on chemicals management 7 9

3.3 Integrating Chemicals Management into National Development Priorities

This part sought to reveal if national priorities related to chemicals management and SAICM implementation are reflected in national policies, development strategies such as the National Poverty Reduction Strategy and if yes to which extent,. Such development plans and strategies represent consensus building at the national level. In this part of the assessment, issues and possible activities were identified, some from the SAICM Global Plan of Action (GPA) for assessment of the situation and for prioritizing the most urgent issues at the national level. A checklist was prepared as shown below:

(a) National policies and development strategies to address relevant technical and financial assistance to chemicals management;

(b) Methodologies and approaches for Integrating Chemicals Management in national strategies;

(c) Mutual supportiveness between trade and environment; (d) Resources allocated for capacity building and human resources training in

the area of chemicals management; (e) Mobilization of technical and human resources to ensure the sound

management of chemicals in the country; (f) Integration within ministries; (g) Capacity to undertake social and economic impact assessment; and (h) Coordination among institutions and processes responsible for the

implementation of multilateral environment agreements.

3.3.1 Mutual supportiveness between chemicals business and environmental management

In this study 55.2% of the surveyed institutions had some awareness of the mutual supportiveness between chemicals business and environmental management. However, about 29.9% of institutions were not aware. Those who indicated that there is mutual supportiveness rated the extent of supportiveness to be high (14.9%), medium (31.3%) or low (10.4%).

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About 67% of all the institutions indicated that their organizations programmes do promote sound management of chemicals and wastes. Only 19.4% reported that their programmes not to promote sound management of chemicals and wastes. In the institutions where sound management of chemicals and wastes was promoted, the extent of promotion was rated as high by (28.4%), medium (32.8%) and low (9%). Furthermore, 70% of them said the resources allocated for chemicals management to be inadequate and only 13% considered the resource to be adequate.

3.3.2 National development strategies, policies and how they address chemical management

Sixty five (65%) of respondents perceived the extent of national development strategies policies and how they address chemicals management to be low while 25.4% said it was medium and only 3% considered it to be high (Figure 3).

Figure 3: Ranking of the extent of national development strategies policies addressing

chemical management

3.3.3 Mechanisms for coordinating institutions at national and international level for the implementation of Multi-Lateral Environmental Agreements on chemical management

There were several mechanisms that were pointed out by different institutions on coordination among institutions at national and international level for the implementation of multi-lateral environmental agreements on chemical management. They included training, multi-stakeholders meetings, seminars and workshops (27%), and implementation of the conventions and national legislation (23%) (Table 14).

Table 14: Mechanisms for coordination among institutions at national and international

level for the implementation of multi-lateral environmental agreements on chemical management

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Mechanisms for coordination

Number of institutions

Percent of institutions

[%]

Trainings, multi stakeholders meetings, seminars and workshops 19 27

No defined mechanism 14 20

Implementation of international conventions and national legislation related to chemicals management 16 23

Suggestions to improve coordination included:

(a) Establishing specific policy on chemicals management; (b) Strengthen implementation of the existing legislation and policies; and (c) Increase resources allocation for activities related to coordination.

3.3.4 Technical and human resource availability and mobilization to promote sound management of chemicals

The visited institutions that reported to have available technical and human resource and that they do mobilize them to promote sound management of chemicals are agriculture, health, industry, environment, mining, energy, academic institutions, private sector and civil society, transportation and water. The extent of mobilization was ranked as being high (10.4%), medium (6%) and low (23.4%). Furthermore the levels of the existing capacity to undertake social and economic impact assessment for integration of chemical management issues among institutions was ranked low (52.2%), medium 35.8%) and high3%).

3.3.5 Awareness on WSSD Goals In addition institutions were asked if they were aware of the 2020 World Summit Sustainable Development Goal (WSSD) and 31.3% of them claimed to be aware, while 41.8% were not. The institutions with regards to WSSD gave several comments. Some of them said existing chemical safety policies might be there but the problems is implementation. Others identified existing legislations and policies of which they are aware include; Environment, health, chemicals. On this issue stakeholder remarked that, there is poor coordination, inadequate resources, policies and programmes on chemicals management. 3.3.6 Social and Economic Impact Assessment Capacity for assessing social -economic benefits for sound management of chemicals was assessed. The majority of respondents ranked the capacity to be low (52.2%) (Table 15).

Table 15: Levels of the existing capacity to undertake social and economic impact

assessment

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Ranking of the existing capacity Number of

institutions Percentage of institution

[%]

High 5 3.0

Medium 19 35.8

Low 43 52.2

Total 67 100

Specific areas/weaknesses pointed out by institution for strengthening capacity include:

(a) Poor coordination and capacity for conducting EIA and Risk Assessment of chemicals;

(b) Insufficient knowledge in chemistry and social studies; and (c) Inadequate resources (human and financial).

3.3.7 Priority areas in chemicals management and extent of being covered in

existing legislation and existing laws/policies The interviewed stakeholders pointed out that there some areas which are not adequately addressed by the existing laws/policies these include: coordination, risk assessments on impact of chemicals usage to human health and the environment, chemical emergency response, training and awareness on safe use and handling of chemicals. However, some stakeholders noted the need for strengthening enforcement of existing legislation on issues such as, control of chemicals and radiation in products.

3.4 Effective Project Planning, Implementation, Monitoring and Evaluation

Specific projects can result in concrete progress towards building capacities for the sound management of chemicals and achievement of the WSSD 2020 Goal. A number of characteristics, which contribute towards the sustainable impact of capacity building projects, were assessed through seeking the experiences of stakeholders in projects conducted over the past five years. Information was sought on the practices regarding the following:

(a) Multi-sectoral and multi-stakeholder consultation/participation in project design and implementation;

(b) Project planning, monitoring and evaluation; (c) Evaluation of the sustainability of the capacity and infrastructure; (d) Building on the experiences gained and lessons learned from previous

projects and activities; and (e) Solid linkages of project and activity goals to overall programmatic priorities.

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3.4.1 Projects conducted on chemicals management over the past five years Thirty six percent (35.8%) had conducted projects on chemicals management over the past five years, while 46.3% had not. A list of projects on chemicals management conducted over the past five years by stakeholders is shown in Table 16. Some institutions (10.4%) conducted projects on community awareness in proper use and handling of agrochemicals. Table 16: List of projects on chemicals management conducted by sampled institutions

List of projects on conducted in chemicals management

Number of institutions

Percent institutions

[%]

Implementation of international programmes in chemicals management 4 6

Development of legislation, regulations and guidelines for chemicals /chemical waste management 6 8

Training, conducting research and Community awareness in proper use and handling of chemicals. 22 30

No Response 21 29

Other organizations, which participated in the project, included key stakeholders in chemicals management who participated at the planning and design phases, implementation as well as monitoring and evaluation. During all the project phases, resources considered important were human and financial. It was further pointed out that, most of the projects were collaborative, whereby the institutions that conducted funds were received from International organization e.g. GEF, World Bank, GTZ, and from the Government of Tanzania. Out of the institutions, which conducted projects, only (11%) reported that resources to conduct the projects were adequate. Some barriers were identified which hinder conducting of projects, and these included high costs of analysis, inadequate resources, and unpredictable rise in the costs. Only (6%) of the institutions ranked the level of project objective achievement as high, 7.5% ranked medium and 3% low. It is notable that, the majority (83%) did not respond to this question, suggesting that they have not actually participated in any project as executing agents. It was established that projects conducted at the national level usually incorporate stakeholders during all stages of planning, through implementation. Examples of these projects include African Stockpiles Programmes (ASP) and Preparation of the National Implementation Plan (NIP).

3.4.2 Monitoring and evaluation Only 16.4% of the correspondents indicated that they have conducted monitoring and evaluation of their projects on chemicals management while 17.9% has not. Majority of

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the institutions did not respond, this could be attributed to the reason already mentioned above. In addition, 17.9% of the surveyed institutions had conducted project review and that the lessons learnt were reported to be applied in conducting future projects.

3.5 Legislation and Enforcement Legislation and associated regulations, which comprise an important component of national chemicals management, was reviewed, including stakeholder awareness of and participation in implementation of the same. Overarching legislation can establish a generic legal framework for the control of chemicals and make the basic principles of sound chemicals management recognized comprehensive and well-coordinated legal framework could help to avoid piecemeal, overlapping, or conflicting regulations. Assessment of capacities in the existing legislation considered the following aspects:-

(a) Strength of the existing policy, Law and regulatory framework; Compliance promotion and enforcement;

(b) Ratification Implementation instruments on chemicals and hazardous waste,

synergies and coordination of the ratified conventions e.g., the Stockholm convention, Rotterdam convention, Basel and Bamako convention ILO and IMO conventions related to chemicals;

(c) Training needed to develop capacity in legislative approaches, policy

formulation analysis and management; and (d) Gaps in implementation of the existing laws and policy instruments

promulgated in the National environment management regimes including with respects of meeting obligations under international legally binding instruments.

This assessment covered the key issues such as legislation, regulation and policies general, pesticides legislation, policies for pollution prevention and cleaner production. The questionnaires administering covered key Government Ministries, Agencies and Authorities, and key NGOs in Chemicals Managements.

3.5.1 Awareness on existing legislation for chemicals management 59.7% of the respondents were aware of some legislation on chemicals management, 11% were not aware of any legislation on chemicals management, while 24.4% did not respond. Those who admitted to be aware of legislation listed some of them as given in the Table 17. Further assessment of whether the existing legislation and their respective regulations cover all-important components of chemicals management (from production through disposal), 23% of respondents said yes and 40% said they do not.

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About 14.9% of the institutions noted the existence of some gaps/difficulties and overlaps in the legislative system for the management of chemicals. General comments given by different institutions on the existing legislation are:

(a) Most regulations are not made; (b) There are overlaps among the existing legislation; (c) There is low level of awareness and knowledge; (d) Poor coordination, transparency and low political will; and (e) There is poor enforcement of the existing legislation

Table 17: Awareness on existing legislation

Legislation/ area Number of Institutions

Percent of institutions [%]

Legislation related to environmental pollution 24 22

Legislation related to management of Industrial and Consumer Chemicals 30 27

Legislation related to Plant Protection and pesticides 25 23

Legislation related to Atomic energy, explosive and mining 6 5

Legislation related to safety of workers at workplace 10 9

Not Relevant 6 22

3.5.2 Vulnerable groups On the identification and awareness on legislation/strategies in chemicals management, which consider the interest of vulnerable groups, 43% of the institutions were not aware of any such legislation or strategies and only 16% indicated that they were aware of existence of such legislation.

The legislations, which were identified, which consider the interest of the vulnerable groups include:

(a) Occupational Safety and Health Act and ILO Convention (170); (b) Environment Management Act (2004); (c) Industrial and Consumer Chemicals Act (2003); (d) The Plant Protection Act (1997); and (e) Mining Act (1998).

3.5.3 Awareness of multilateral environmental agreements (Conventions) related to chemicals management that have been ratified and are implemented by the country

Of all the total 67 stakeholders in this study, 41% were aware of some of the Multilateral Environmental Agreements (Conventions) related to chemicals management that have been ratified and are implemented by the country. 23% were not aware any of these conventions, the most widely known conventions were the Stockholm (20%), Rotterdam

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(19%) and the Basel (15%). Other conventions, of which few stakeholders were aware of, are:

(a) ILO convention 170; (b) Montreal, Vienna and Kyoto Protocols Bamako; (c) Chemical weapons; and (d) Convention on the Prevention of Marine Pollution by dumping of wastes

from ships. Legislation and regulations that are in place to some extent as a result of international conventions or agreements were named as:

(a) The Industrial and Consumer Chemicals and Plant Protection Acts of 2003; (b) The Occupational Safety and Health Act of 2003; and (c) Environmental Management Act of 2004.

3.5.4 Capacity of organizations to enforce legislation on chemicals management

Capacity of organizations to enforce legislation on chemicals management was ranked high only by only 9% of the surveyed institutions. The rest considered their capacity to be either of medium (20.9%), low (29.9%), (40%) did not respond. Those who ranked the capacity low identified several gaps (existing weakness), which included lack of policy guidelines, lack of equipment, inadequate human and financial resources, and low knowledge/awareness on the existing legislation.

3.5.5 Adequacy of legislation The adequacy of existing legislation in protecting health and environment was ranked high by (16.4%), medium (32.8%), or low (19.4%). On the issue of the legislation providing opportunity to the private sector/civil society to provide inputs for reviews to enhance smooth implementation was perceived as high by only 4.5% of the institutions, medium by 23.9% and low by 37.3%. Extent of coverage by legislation of all sectors related to chemical management was ranked as high again by only 4.5% of institutions. Majority ranked it medium (35.8%) while 23.9% ranked it as low.

3.5.6 Participation and information sharing There was also concern over poor information dissemination, inadequate allocation of resources, low awareness of stakeholders’ obligations as well as low level of involvement. Other issues pointed out the existing legislation on chemicals management include the following: 34.4% found the obligations of various stakeholders stated clearly, while the 26.9% did not find the obligations clear.

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3.5.7 Enforcement 52.2% found the enforcement poor and only 10% found enforcement adequate. The reasons for poor enforcement were pointed out to be:

(a) Inadequate resources, infrastructure and capacity for enforcement; (b) Low awareness among general public / stakeholders; (c) Inadequate participation, Information dissemination and coordination; and (d) Overlaps among Government institutions responsibilities.

3.5.8 Non-regulatory mechanisms Remarks made by stakeholders include:

(a) Low awareness on availability of non-regulatory mechanism; (b) Inadequate resources allocation; and (c) Low level of commitment to implement non-regulatory instruments.

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3.6 Summary: Worksheet for Governance Assessment

A.1 Integrating Chemicals Management into National Development Priorities

Category 1 (and related GPA activities)

Level of existing capacities: High / Medium / Low

Summary of Strengths and Gaps

Possible action Urgency & importance of taking action: High / Medium / Low

1.1 Mechanisms for Integrating Chemicals Management into Development Priorities.

National development laws/policies strategies and policies addressing chemicals and pesticides management.

Low

Strengths

Issues related to chemicals management are coordinated through existing legislation and committees.

Gaps/weaknesses

Lack of Specific Policy in Chemicals Management.

Low awareness and knowledge in Chemicals Management.

Put in place Specific policy for Chemicals and pesticides Management.

Enhance Capacity to conduct chemicals Risk assessments.

Training and awareness raising.

Review of Chemical National Profile.

High

A.1 Integrating Chemicals Management into National Development Priorities

1 If necessary and appropriate, the categories could be further divided into “subcategories”, based on the different “sub-groups” of activities that may be identified.

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Mechanisms for coordinating among institutions at national and international level for the implementation of multi-lateral environmental agreements on chemical management.

Low

Strength

Existence of Legal infrastructure.

Gaps/weaknesses

Inadequate resources.

Poor Coordination.

Low awareness on the conventions

Put in place policy for Participation and coordination from stakeholders, policy makers to implementers.

Adequate resource allocation by stakeholders.

Enhance awareness efforts.

High.

Technical and human resource availability and mobilization to promote sound management of chemicals

Low

Strength

Existence of human and technical capacity in the various institutions.

Gaps/weaknesses

Insufficient knowledge in chemicals management and social-economic analysis.

Insufficient budgeting in sectors both Government and Non-Government.

Poor coordination and capacity to conduct research.

Limitation in financial resources.

Capacity building in areas of financial and human resources.

Incorporate chemicals and pesticides management into national policies such National Growth and Poverty Reduction Strategy.

Establish National chemicals Policy.

High

A.2 A Sound Institutional and Programmatic National Framework

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2.1 Establishing an Inter-ministerial Coordination Mechanism. National coordination and cooperation mechanism for inter-ministerial and multi-stakeholder involvement at different levels.

Medium

Strengths

Existence of sectoral legislation and Committees under the existing legislation on chemicals management such as the Technical Committees for the Industrial and Consumer Chemicals Act, the Tropical Pesticides Research Institute Act, Environment management Act.

Existence of policies on environment and sectoral policies such as National environment policy, health policy.

Gaps/weaknesses

Lack of specific policy on chemicals management.

Poor coordination among existing legislation and committees.

No clear mechanisms established for stakeholders involvement and coordination.

Put in place specific policy for chemicals management to address coordination and cooperation and other issues related to chemicals management.

Mainstreaming of chemicals management into national development plans/strategies such as national poverty reduction strategy.

High

A.2 A Sound Institutional and Programmatic National Framework

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Resources for chemicals management (Annual Budget, Capacity building).

Medium

Strengths

Existence of experts in chemicals related issues.

Gaps/weaknesses

Limited budgeting in some sectors.

Chemicals management not mainstreamed into activities of related sectors.

Limited resources among competing priorities.

Not a priority to most private sector/civil society entities.

Mainstreaming of chemicals management into national development plans/strategies such as the national poverty reduction strategy.

Raise awareness on chemicals management issues.

Allocate enough funds for chemicals management activities.

Strengthen collaboration between Government and civil society, private sector and interest groups.

High

2.2 Setting National Priorities

Extent of women and other stakeholder involvement in development of strategy/legislation and decision making to ensure equal participation in chemicals management.

Low

Strengths

Government efforts to promote women for adequate representation in policy and decision-making positions e.g. special parliamentary seats.

Promotion of Gender issues within Government.

Gaps/weaknesses

Poor involvement of women and other stakeholders at grass root level where chemicals are mostly used.

No clear provision in policies/legislation for the participation of women in chemicals issues and for other vulnerable groups.

Low awareness of women and other stakeholders involved in chemicals related activities.

Put in place policy to improve participation and involvement of women and other stakeholders at all levels.

Review of national profile and priority setting for chemicals management.

Create awareness and training for stakeholders including women involved in chemicals activities.

High

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A.2 A Sound Institutional and Programmatic National Framework

2.3 Information Exchange Mechanisms.

Existent of information sharing across the different stakeholders and private sector and civil society.

Low

Strengths

Existence of legislation, regulations and their respective committees where different stakeholders participate, meet and exchange information. .

Ratification of chemical related environmental multilateral agreements, which promote information, flow at both national and international levels.

Gaps/weaknesses

Lack of specific policy for chemicals management.

Poor coordination, collaboration and communication infrastructure.

Limited resources to generate and disseminate information e.g. conducting research, awareness raising campaigns, seminars, workshop, media and other fora.

Put in place specific policy for chemicals management.

Strengthen information communication system e.g. establishment of national chemical database and website.

Conduct research and training

Create awareness on chemicals hazards.

Strengthening public/private sector collaboration.

Strengthen information dissemination e.g. regular use of media

Capacity building in areas of financial and human resources.

High

A.3 Effective Project Planning, Implementation, Monitoring and Evaluation

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3.1 Project Planning

Capacity and competence for the national project planning.

High

Strength

Availability of experts in planning and other various chemicals management related fields.

Gaps/weaknesses

Lack of coordination among stakeholders during chemicals management project planning and implementation.

Inadequate resources for project planning and implementation.

Put in place policy to ensure national coordination during project planning and implementation.

Medium.

3.2 Monitoring and Evaluation Existing mechanisms and capacity to conduct health and Environmental Impact Assessment (EIA) to reduce effect of chemicals to human health and the environment.

Low

Strength

Existence of environmental policy. Gaps/weaknesses

Lack of specific chemicals management policy.

Inadequate experts to undertake specific EIA and chemicals risks assessments.

Inadequate funds.

Lack of proper coordination of chemicals related projects.

Inadequate follow-up (project monitoring and evaluation) on most short term projects.

Put in place specific chemicals management policy.

Capacity building in terms of finance and human resources to undertake risk and Environmental Impact assessments and areas related to chemicals management.

Promote practices of evaluation and monitoring.

High

A.4 Legislation and Enforcement

Category

Level of existing capacities: High / Medium / Low

Summary of Strengths and Gaps

Possible action Urgency & importance of taking action: High / Medium / Low

4.1 Legislation, Regulations and Policies – Strength

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General.

Existence of legislation and regulations for chemicals management to protect human health and the Environment.

Medium

Implementation of the existing policies, legislation and regulations to protect human health and environmental pollution, which are in place.

Gaps/weakness.

Inadequate enforcement of the legislation, policies and regulations.

Low awareness among stakeholders which results in low-level implementation capacity.

Lack of specific chemicals management policy to ensure chemicals management is a national priority and is mainstreamed into national development plans/strategies.

Put in place specific policy for chemicals management.

Create awareness and training of stakeholders and the public on the existing laws and regulations in chemicals management.

Mainstream chemicals management into national development plans/strategies.

High

Existence of a comprehensive and well-coordinated legal framework to avoid piecemeal, overlapping or conflict of regulations.

Low

Strengths

Existence of sectoral legislation and some regulations.

Some capacity for enforcement is in place.

Gaps/weakness.

Overlap among the existing legislations

Poor enforcement and coordination.

Put in place mechanism to ensure proper coordination of the existing legislation.

Establish regulations in respective areas e.g. implementation of the chemicals related international conventions

High

4.1 Legislation, Regulations and Policies – General.

Category (and related GPA activities)

Level of existing capacities: High / Medium / Low

Summary of Strengths and Gaps

Possible action Urgency & importance of taking action: High / Medium / Low

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Capacity of regulatory bodies and other stakeholders in terms of finances, technical staff, and facilities (such as transport) to enforce legislations

Low

Gaps/weaknesses.

Inadequate resources, infrastructure and capacity for enforcement

Low awareness of stakeholders to facilitate and compliance to the legislation.

Inadequate stakeholders’ participation, Information dissemination and coordination.

Allocate enough resources to strengthen implementation.

Awareness creation to stakeholders.

Strengthen information sharing and dissemination, coordination and equal participation.

High

Ratification and implementation of Multilateral Environmental Agreements (Conventions) related to chemicals management.

Medium

Strength

Most of the major chemicals management conventions have been ratified.

Gaps/weaknesses.

Poor implementation due to issues of competing priorities and lack of mainstreaming of chemicals management into national development plans.

Inadequate financial and human resources to facilitate assessment and decisions making on issues such as safer alternative.

Low awareness on the convention sand related activities.

Lack of comprehensive national data on chemicals. Regulation not in place.

Ensure mainstreaming of chemicals management and implementation of International chemicals conventions.

Strengthen multi-stakeholders collaboration.

Establish specific regulations.

Medium.

Category (and related GPA activities)

Level of existing capacities: High / Medium / Low

Summary of Strengths and Gaps

Possible action Urgency & importance of taking action: High / Medium / Low

4.2 Pesticides Legislation and Policies Existence and implementation of pesticides legislation and policy.

High

Strength

Legislation in place. Gaps/weaknesses

Inadequate financial resources to conduct research on alternative pest control methods.

Lack of knowledge for most pesticides users.

Some of legislations are outdated.

Allocate enough resources for research and risk assessment.

Create awareness and training on the safe use and handling of pesticides.

Review legislations.

High

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4.3 Policies for Pollution Prevention and Cleaner Production Existence of Environmental Management and cleaner production legislation/policy.

High

Strength

Environmental management and cleaner production legislation/policy in place.

Gaps/weaknesses

Inadequate resources to acquire technology transfer, research on cleaner production, environment impact, risk assessment of chemicals and mitigation.

Low awareness and knowledge among most of stakeholders on BATS, BEPS and economic benefits of chemicals management.

Weak enforcement,

Few voluntary initiatives.

Lack specific policy on chemicals management.

Allocate enough resources

Awareness creation and training of stakeholders on cleaner production (BATS and BEPS) and economic benefits of chemicals management.

Promote/encourage voluntary initiatives.

High

A.5 Participation of the Private Sector and Civil Society in Chemicals Management

Category

Level of existing capacities: High / Medium / Low

Summary of Strengths and Gaps

Possible action Urgency & importance of taking action: High / Medium / Low

5.1 Stakeholder Participation Existing infrastructure to specify the roles of private sector/civil society in management of chemicals and wastes.

Low

Strength

Existence of sectoral legislation that specifies the general roles of private sector/civil society

Gaps/weaknesses

Lack of specific national policy for chemicals management to specify the roles of private sector/civil

Establish specific national policy, which specifies the roles of private sector/civil society in chemicals management.

Reviewed existing policies/strategies and legislation roles of private sector/civil society.

High.

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society.

Lack of clear specification of the roles of private sector/civil society in the existing policies and legislation.

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Category

Level of existing capacities: High / Medium / Low

Summary of Strengths and Gaps

Possible action Urgency & importance of taking action: High / Medium / Low

5.1 Stakeholder Participation

Information sharing mechanisms across different stakeholders including private sector and civil society involved in chemicals and waste management.

Medium

Strengths.

Committees established under various sectoral legislation; which involve members/stakeholders representing government and private sector/civil society.

Awareness campaigns on chemicals for a.

Gaps/weaknesses.

Lack of knowledge and communication in chemical hazards information

No clear policy and mechanism for information sharing

Poor coordination and involvement of stakeholders.

Create awareness, training and effective communication system on chemical hazards information.

Have in place clear policy and mechanism for information sharing and involvement of stakeholders.

High

Level of participation of private sector/civil society in decision making for management of chemicals and wastes

Low/Medium

Lack of specific national policy, which specifies the participation of private sector/civil society.

Establish specific national policy on chemicals management that specifies the participation of private sector/civil society.

Medium

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Category (and related GPA activities)

Level of existing capacities: High / Medium / Low

Summary of Strengths and Gaps

Possible action Urgency & importance of taking action: High / Medium / Low

5.2 Voluntary Initiatives by the Private Sector Initiatives taken by different organizations to supplement government efforts in chemical management.

Medium.

Strengths.

Existence of private sector, civil society and interest groups advocating chemical safety.

Existence of capacity to undertake different activities in chemicals management such as research, training and awareness raising.

Gaps/weaknesses

Lack of strong coordination among private sector/civil society/NGOs.

Lack of national policy to support private sector initiatives.

Chemicals management activities are not adequately budgeted.

Strengthen coordination among stakeholders.

Put in place policy to incorporate initiatives of private sectors/civil society.

Establish specific policy in chemicals management to ensure mainstreaming of management into plans and budgets.

Medium.

5.3 Capacities of Civil Society Capacities of private sector, civil society and communities to participate fully in chemicals and waste management activities.

Medium

Strengths.

Availability of experts

Existence of some NGOs with activities related to chemicals management.

Gaps/weaknesses

Limited funds.

Fragmentation of private sector to merge the available limited financial resources.

Lack of knowledge and low community awareness in chemicals management.

Government support in terms of funding.

Create awareness and training of the communities.

Strengthen collaboration and working together among private/civil society/NGOs.

High.

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PART II: IMPORTANT CHEMICALS MANAGEMENT ISSUES

4. ASSESSMENT OF CAPACITIES FOR IMPORTANT CHEMICALS MANAGEMENT ISSUES

The questionnaires on Chemical related issues were administered to thirty institutions country wide and twenty four of them responded. Almost two thirds of respondents are from government/public institutions. The filled questionnaires were analyzed using the statistical package SPSS V15.0.

4.1 Information Generation and Dissemination On information generation and dissemination 96% of the respondents gave valid responses indicating that information generation and dissemination must be given high priority (74%) and a minority of 17% thought the subject was of low priority. Amongst all respondents who were requested to rank different categories of concern e.g. hazard identification, classification and labeling (GHS), exposure assessment, toxicology and epidemiology and monitoring considered safe handling of chemicals to be a major subject of concern (55%) followed by protection of human health and the environment (18%). Respondents also considered that protection of human health and environment important (41%) and that conducting risk assessment should start to be rigorously enforced (33%), followed by carrying out biomonitoring (25%) stating that exposure analysis must routinely be carried out (67%). Reasons/justification for promoting information generation and dissemination is also shown in Figure 4.

Figure 4: Justification for promoting information generation and dissemination

4.1.1 Hazard identification, classification and labelling (GHS)

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Respondents considered GHS to be of priority (71%) believing that this would help in promoting safe handling of chemicals (55%) and protect human health and the environment (18%) and that it would also reduce and prevent accidents (9%).

Figure 5: Response on hazard identification, classification and labeling

4.1.2 Exposure assessment Almost 78% of the respondents gave exposure assessment a high priority. About 41% of the respondents believed that this would help protect human health and the environment while 33% believing it would help in carrying out risk assessment and 25% saying without it biomonitoring data would continue being inadequate.

4.1.3 Toxicology Two thirds of the respondents ranked toxicology highly. Over half of them saying it would help to protect human health and the environment.

4.1.4 Epidemiology and monitoring The need for epidemiology and monitoring was supported by nearly 90% of the respondents, again over 70% believing it would assist in protecting human health and the environment.

4.2 Risk Reduction Respondents were also requested to express their opinion on what activities (general and specific) they considered are important in promoting risk reduction. Some of these activities were related to general chemical safety, safe handling and use of pesticides, risk reduction (chemical specific and industry-sector specific) and also on management

56

of obsolete pesticides, prevention and control of chemical pollution and promotion of safer alternatives. Most of the respondents (58%) believed that by promoting general chemical safety one can significantly reduce chemicals related risks. Some respondents thought (58%) if proactive actions are taken to protect human health and the environment, risks can be reduced. This, they believed (63%), could be achieved by promoting safe handling and use of chemicals. Respondents also asserted (67%) that promoting chemical safety at the work place should be given its due priority. Respondents however thought chemical specific risk reduction (58%) was more important than industry-specific risk reduction, which was only considered to be important by 38% of the respondents. Proper management of obsolete pesticides was considered by majority of the respondents (58%) to be given priority. To this end, respondents (71%) though prevention and control of chemical pollution and waste is important and must be actively promoted. Promoting use of safer alternatives was considered by almost half of the respondents to have a role to play in risk reduction strategies. Risk reduction overall, was ranked highly by 83% of the respondents.

4.2.1 Chemical safety – general Over fifty percent of the respondents believed it is important to promote general chemical safety for the purpose of promoting protection of human health and the environment.

4.2.2 Safe handling and use of pesticides Safe handling and use of pesticides was also ranked highly by nearly three quarters of the respondents (74%) and again apparently for the same reasons of protecting human health and the environment as indicated by almost 50% of the respondents.

4.2.3 Chemical safety at the workplace Promoting chemical safety at the workplace was ranked highly by two thirds of the respondents. Several mitigating factors are cited e.g. 60% of respondents cite protection of human health and the environment as the main reason. Others (20%) claim, promotion of chemical safety at the workplace can only be achieved if conducive policies are put in place.

4.2.4 Chemical-specific and Industry-Sector risk reduction

57

Both Chemical-specific and industry-sector specific risk reduction was sanctioned by 58% and 37% of the respondents respectively. In this case, various reasons are equally weighted, such as promoting safe handling and use of chemicals, reducing accidents and protecting human health and the environment.

4.2.5 Obsolete pesticides and wastes About two thirds of the respondents believe improving management of obsolete pesticides and wastes can protect human health and the environment.

4.2.6 Prevention and control of chemical pollution and waste Nearly three quarters of the respondents expressed that prevention and control of chemical pollution is highly desirable and thought this can be achieved by promoting safe handling of chemicals, raising awareness on chemical hazards and risks and improving policy on waste disposal.

Figure 6: Indication on how to prevent and control chemical pollution and waste

4.2.7 Promote safer alternatives Promotion of safer alternatives was said to have a potential of reducing chemical related risks and promoting protection of human health and the environment as expressed by nearly two thirds of the respondents.

4.3 Education and Awareness Raising Communication, information and training including awareness raising is an important avenue for improving capacity in managing chemicals and waste. While considering that education, information dissemination and training are important, respondent however considered Education to be more important (75%) followed by training (58%) and awareness raising (29%). However as a strategy, this category was not considered that highly, 85% ranked it to be of medium priority.

58

4.4 Accident Prevention and Control Accident prevention and control was also considered to be important by the majority of the respondents (71%). Respondents also believed that if proactive action is taken to protect human health and the environment (55%) it would indirectly result in the prevention of accidents and control. Two thirds of the respondents also believed the same can be achieved by raising awareness.

4.4.1 Chemical accidents Figures on accidents or incidence were hard to come by, it is probable that these are not recorded or were not disclosed for a variety of reasons. It is thus not surprising that nearly 85% of the respondents did not respond to this question. 4.4.2 Poisoning prevention, treatment and control Like the previous question, majority of the respondents did not respond to this question. It is possible that most of the respondents might even not be informed of the existence of the poisons centre. On follow up, a few of the respondents claimed most of the poisons they have heard of are related to pesticides and not related to industrial chemicals.

4.5 Analytical and Laboratory Capacity Only 13% of the respondents responded to this question, majority did not. Of those who responded thought laboratories can assist in risk assessment and promoting biomonitoring, information exchange.

4.6 Facts and Figures on Capacity In this category of questions, most of respondents did not respond and thus, the discussion is somewhat skewed. Most of the institutions that responded, did say that had staff who had qualifications related to chemicals management. The numbers however were low mostly below 10% of the workforce. A quarter of the institution with qualified personnel, their staff was trained up to BSc. Level. On the number of chemicals inventories, 92% of the respondents were did not give data on the chemical inventories. Of the 8% that responded just mentioned that they had many chemicals (4% claiming they handled less than 10 chemicals). No qualitative data was made available on the volume or quantities of chemicals and waste in their stocks. On legislation, over 90% of the respondents were silent; this might indicate that they were possible unaware of the relevant legislations regulating controlled chemicals. The 8% or so that responded cited the Industrial and Consumer Chemicals (management and

59

Control) Act No. 3 of 2003 and the Environmental Management Act No 20 of 2004. These were the only laws they claimed to be complying to. Some 15% of the respondents conceded that accidents occurred at their work place, but however could not provide qualitative data on the number and frequency of the accidents or how the accidents were handled. This might suggest that they rarely kept records of accidents and incidents. This is not surprising as all respondents reported that there were contingency plans in their institutions and only 4% of the institution had either carried out an Environmental Audit. No institution reported carrying out any risk assessment. Occupation Safety and Health Committees are nonexistent except in 4% of the respondents and in these the frequency of the meetings was reported to be infrequent. 5% of the respondents claimed to have an Environmental Management Plan, which is somewhat contradictory as these same respondents did indicate nonexistence of contingency plans and Environmental Audits. On disposal of chemicals and waste, almost all (92%) respondents were silent and did not indicate the normal disposal methods used. They likewise did not point out any disposal problems they might be facing. On training, 40% of respondents indicated that they had about 10 trainings in the last five years and that most of these (30%) were conducted by local experts but from outside their institution. Most of the training facilitators were well qualified, about 30% trained to PhD and 4% to BSc. levels. The length of training seemed not to exceed 1 week with numbers of trainees tending to be limited to 10 per training. In only 4% did the number of trainees reach 50. The level of funding for training is low not exceeding 1,000 US$ per training. The highest reported funding for training was 1,200US$.

60

4.7 The summary of the analysis of the questionnaires is tabulated below.

4.7.1 Information generation and dissemination

B.1 Information generation and dissemination

Stakeholder Input Government Stakeholder Group

NGO Stakeholder Group

private

Priority Rating for Chemicals Management

Potential Priority for

Development Planning

Category Priority High /

Reason for Priority High /

Reason for Priority High /

Reason for

Medium / Judgement Medium / Judgement Medium / Judgement

(and related GPA activities) Low Low Low

1.1 Hazard Identification, Classification and Labeling (GHS)

High Safe handling High Protect human health and environment

High Protect human health and environment

High

1.2 Exposure Assessment High Protect human health and environment

High Protect human health and environment

High Protect human health and environment

High

1.3 Toxicology High Protect human health and environment

High Protect human health and environment

High Protect human health and environment

High

1.4 Epidemiology and Monitoring High

Protect human health and environment

High Protect human health and environment

High Protect human health and environment

High

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4.7.2 Risk Reduction B.2 Risk Reduction

Stakeholder In put Government Stakeholder Group NGO

Stakeholder Group Private

Priority Rating for Chemicals Management

Priority High /

Medium / Low

Reason for Judgement

Priority High /

Medium / Low

Reason for Judgement

Priority High /

Medium / Low

Reason for Judgement

Potential Priority for Development Planning

Category (and related GPA activities)

2.1 Chemical Safety – General High Protect human health and environment

High Protect human health and environment

High High

2.2 Safe Handling and Use of Pesticides

High Protect human health and environment and Lack of awareness

High Protect human health and environment

High Protect human health and environment

High

2.3 Chemical Safety in the Workplace

High Protect human health and environment

High Protect human health and environment

High Lack of awareness High

2.4 Chemical-Specific Risk Reduction

High Promote safe handling

High Protect human health and environment

High Lack of awareness High

2.5 Industry-sector Specific Risk Reduction

High Risk reduction and Lack of awareness

High Protect human health and environment

High Lack of awareness High

2.6 Obsolete Pesticides and Wastes

High Protect human health and environment

High Protect human health and environment

High Lack of awareness High

2.7 Prevention and Control of Chemical Pollution and Waste

High Protect human health and environment and promote conducive policies

High Protect human health and environment and promote conducive policies

High Lack of awareness High

2.8 Promote Safer Alternatives

High Lack of awareness High Protect human health and environment

High Risk reduction High

61

62

4.7.3 Education and Awareness Raising B.3 Education and awareness raising

Stakeholder In put Government Stakeholder Group NGO

Stakeholder Group private

Priority Rating for Chemicals Management

Priority High /

Medium / Low

Reason for Judgement

Priority High /

Medium / Low

Reason for Judgement

Priority High /

Medium / Low

Reason for Judgement

Potential Priority for Development Planning

Category (And related GPA activities)

3.1 Education High Capacity building High Awareness raising High Capacity building High

3.2 Information Dissemination Medium Awareness raising High Awareness raising High Awareness raising High

3.3 Training

High Capacity building High Awareness raising High Capacity building High

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4.7.4 Accident Prevention and Control B.4 Accident prevention and control

Stakeholder In put Government Stakeholder Group NGO

Stakeholder Group Private

Priority Rating for Chemicals Management

Priority High /

Medium / Low

Reason for Judgement

Priority High /

Medium / Low

Reason for Judgement

Priority High /

Medium / Low

Reason for Judgement

- Potential

Priority for Development Planning

Category (and related GPA activities)

4.1 Chemical Accidents High Protect human health and environment and

High Protect human health and environment and

High Protect human health and environment and

High

4.2 Poisoning Prevention, Treatment and Control

High Awareness raising High Protect human health and environment and

High Protect human health and environment and

High

4.7.5 Analytical and Laboratory Capacity

B.5 Analytical and laboratory capacity Stakeholder In put Government Stakeholder Group

NGO Stakeholder Group

Private Priority Rating

for Chemicals Management

Priority High /

Medium / Low

Reason for Judgement

Priority High /

Medium / Low

Reason for Judgement

Priority High /

Medium / Low

Reason for Judgement

Potential Priority for Development Planning

Category (and related GPA activities)

5.1 Analytical and Laboratory Capacities

High Capacity building High Risk assessment High Accidents prevention High

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5. OPPORTUNITIES FOR PARTNERSHIP PROJECTS Results of the survey on assessment of capacities for important chemicals management issues, several issues were tested, these include:

(a) Information generation and dissemination; (b) Risk reduction; (c) Education and awareness raising; (d) Accidents prevention and control; and (e) Analytical and laboratory capacity.

While information generation and dissemination and education and awareness raising was highly prioritized by the majority of the respondents, protection of human health and the environment stands out as one single issue that is of concern across all stakeholders. For this reason, it might important to develop partnership projects that address the protection of human health and the environment and also another that addresses the raising of awareness on chemical related hazards and management aspects.

6. CONCLUSIONS AND RECOMMENDATIONS

6.1 Conclusions This study has revealed various aspects of governance regarding chemicals management in Tanzania. It can generally be concluded there is considerable strength, especially in the legislation and policies already in place. These have greatly contributed to the promotion of sound management of chemicals through the activities conducted in various key sectors, including Health, Environment, Agriculture, Mining and others. Furthermore programmes and activities conducted including processes for ratification and implementation of Conventions, have promoted awareness and built capacity of stakeholders in chemicals management. It is notable however, that existing policies and legislation do not adequately address issues of participation of civil society and the private sector, an issue of paramount importance for achieving the sound management of chemicals. 6.1.1 Participation of the Private Sector and Civil Society in chemicals management

Stakeholders Participation

65

The existing infrastructure has some provisions for the involvement of stakeholders whereby among others, stakeholder committees have been established for specific issues under various sectoral legislation. However, the roles of Private Sector and Civil Society are not clearly specified. The study revealed a low level of participation of the Priority Sector and Civil Society in chemicals management planning and decision-making processes such as setting priorities. There is no specific policy on chemicals management issues, and consequently no formal established comprehensive coordination system. Voluntary Initiatives Stakeholders in chemicals management over the past five years have taken although to a limited extent some successful initiatives. The low level of initiatives taking was attributed to the low awareness, competing priorities, and limited resources to facilitate these initiatives. Stakeholders also reported absence formal mechanism for coordinating Chemical management initiatives. Institutional Capacity Education and awareness campaigns were the main activities carried out by stakeholders. However, stakeholders reported to have limited involvement in government activities including development and reviews of Legislation on chemicals. Capacities of Civil Society It is notable that, the Civil Society and Private Sector have inadequate resources, awareness and knowledge for chemicals management. Furthermore, there are no mechanisms to promote partnerships between the Private Sector and Civil Society, information flow and transparency among stakeholders.

6.1.2 Existence of a sound institutional and programmatic national framework Coordination Mechanisms The existing policy and legislative framework has some provisions for participation of stakeholders, however there is no established formal and comprehensive system for coordination of chemicals management issues.

66

Setting National Priorities

(a) Some of the key Ministries, Agencies and other Stakeholders recognize chemical management as a priority, whereby human and financial resources are set aside for chemical management, to a certain extent.

(b) However, at the national level, policies and strategies do not specifically address chemical management issues, and they are therefore not “streamlined” into national plans.

(c) At the institutional level, chemical management is not considered a priority in significant number of key stakeholders institutions .As a consequence, resources set aside are inadequate.

(d) The Private Sector and Civil Society consider the level of their involvement by the Government in chemical management decision making to be low.

Information Exchange Mechanisms Some institutions have data and information, which can be shared and used for sound management of chemicals. Most information in institutions was obtained from websites; while most reports and records were from the activities carried out by institutions. The reported mechanisms for information is sharing among stakeholders were mainly through meetings, seminars, media, and publications Newsletters, workshops and others. Information and data management is kept in different institutions mostly as field reports, in record books (registers), reports, and scientific journals, workshop reports, which are not easily accessible. There is no formal mechanism for sharing information, whereby there is also no comprehensive centralized information source, such as a national chemical safety website and database.

6.1.3 Integrating chemicals management into national development plans Many of the stakeholder institutions had programmes related to chemicals management, but resources allocation was inadequate. A few key Ministries set aside annual budgets for chemicals management activities, but these were limited to few specific issues. The existing national development policies and strategies do not specifically include chemicals management as a national priority, and there is no specific policy on chemicals management. Therefore, there is no coordination of efforts, budgeting is inadequate and in general chemicals management have not been adequately integrated into national development plan and strategies.

6.1.4 Effective project planning, implementation, monitoring and evaluation

67

Several institutions have conducted projects on chemicals management in the past five years. Some of the projects were for awareness raising to communities on safe use and handling of pesticides. Such projects were mainly funded by international organizations including GEF, World Bank, GTZ, and UNEP/UNIDO/UNDP. However, in some cases resources allocated to implement project activities were not adequate. A few institutions conducted monitoring, and evaluation, and reviews on their projects in chemicals management. Multi-sectoral and multi-sectoral stakeholder participation/consultation in project design and implementation was conducted notably for national scale collaborative projects such as the African Stockpiles Project for obsolete chemicals, National Profile activities, and the development of the National Implementation Plan for POPs. Such activities involved stakeholder Steering Committees, and technical personnel at different levels. This provided opportunity for capacity building, awareness and linking of projects with other national efforts, and application of the lessons learnt to other projects.

6.1.5 Legislation and enforcement Several sectoral pieces of legislation exist covering respective categories of chemicals. The sectors are coordinated through committees established under the Legislation. Issues of vulnerable groups, roles and obligations of stakeholders are not clearly provided for. However, there is no specific policy to guide chemicals management issues. Reasonable capacity for enforcement exists, however some of the weaknesses identified in enforcement agencies included lack of equipment, inadequate resources and lack of specialized training. Only few institutions were aware of the Multilateral Environmental Agreements (MEAs) related to chemicals in which the Government is participating. However, three conventions that are the Stockholm, Rotterdam and Basel Conventions were better known among stakeholders’ institutions, through seminars, workshops and meetings, and the ratification procedures.

6.2 Recommendations The following are recommendations for strengthening governance for sound management of chemicals in Tanzania:

1. Development of a National Policy on Chemicals Management, which shall provide for among other issues, mainstreaming of chemicals management into development plans both National and sectoral, and coordination of chemicals management initiatives within and outside the Government and the stakeholders.

2. Develop/review legislation and policies to state clearly participation and roles of

public, private sector and /civil society, and to develop Regulations.

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3. Raise awareness on Sound management of chemicals should be increased

through various channels including mass media such as television programmes, posters, leaflets, newsletters so that, awareness and information can trickle to all levels.

4. Strengthen sector coordination, which will ensure a private sector that is more

organized to effectively participate in chemicals and waste management efforts.

5. Develop national chemical safety information collection and dissemination system through establishment of a centralized national website for chemicals management, a centralized information database, and conducting campaigns for stakeholders to access the information.

6. Strengthen chemicals management policies, legislation and strategies and their

implementation to incorporate important chemical safety aspects such as vulnerable groups and gender.

7. Promote multistakeholder participation, coordination and good planning and

management practices for projects conducted in chemicals management.

7. REFERENCES

1. United Nations Institute for Training and Research (UNITAR) National

Implementation of SAICM: Pilot Projects to Strengthen Governance, Civil Society Participation and Partnerships within an Integrated National Chemicals and Waste Management Programme, 2006 – 2009, Project Implementation Manual

2. UNITAR; Developing a Capacity Assessment for the Sound Management of Chemicals and National SAICM Implementation; Guidance Document, April 2007 EDITION.

3. The United Republic of Tanzania; The National Environmental Policy, (1997). 4. The United Republic of Tanzania; The National Strategy for Growth and Poverty

Reduction, (2004). 5. The United Republic of Tanzania; National Health Policy (1990)

6. The United Republic of Tanzania; The Agricultural and Livestock Policy (1997) 7. The United Republic of Tanzania; Sustainable Industrial Development Policy

(1996 – 2020) 8. The United Republic of Tanzania; Environment Management Act (2004)

69

9. The United Republic of Tanzania; Industrial and Consumer Chemicals (Management and Control) Act, 2003 and Regulation (2004)

10. United Republic of Tanzania; The Plant Protection Act (1997) 11. The United Republic of Tanzania; Tropical Pesticides Research Institution Act

(1979) 12. The United Republic of Tanzania; The Atomic Energy Act (2002) 13. The United Republic of Tanzania; The Occupational Health and Safety Act (2003) 14. The United Republic of Tanzania; The Tanzania Food, Drugs and Cosmetics Act

(2002) 15. The United Republic of Tanzania; The Forest Act (2003) 16. The United Republic of Tanzania; The Urban Authorities Act (1982) 17. The United Republic of Tanzania/ GEF/UNIDO; The National Implementation Plan

for Persistent Organic Pollutions (POPs), (2005) 18. The United Republic of Tanzania/ UNITAR; National Profile to Assess

Infrastructure for Management of Chemicals, (2002)

19. The United Republic of Tanzania / UNITAR; National Action Plan for Integrated Chemicals Management (1999)

20. The United Republic of Tanzania; The Mining Act (1998) and Mining Regulation (1999)

21. The United Republic of Tanzania/ UNITAR; National Priority Setting Workshop for Chemical Safety, (1997)

22. UNITAR Thematic workshop on Governance, Civil Society participation and

Strengthening Partnerships for chemicals and waste management and SAICM implementation, Observations and conclusions of an International expert meeting, Geneva, Switzerland 19th – 21st June 2006. Final Report.

23. UNITAR; Developing and Sustaining an Integrated National System for Sound

Chemicals Management; Guidance Document: (2004)

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APPENDIX: QUESTIONNAIRES

THE UNITED REPUBLIC OF TANZANIA

MINISTRY OF HEALTH AND SOCIAL WELFARE

GOVERNMENT CHEMIST LABORATORY AGENCY

STRATEGIC APPROACH TO INTERNATIONAL CHEMICALS MANAGEMENT

(SAICM)

QUESTIONNAIRE FOR: CAPACITY ASSESSMENT FOR THE SOUND

MANAGEMENT OF CHEMICALS AND NATIONAL SAICM IMPLEMENTATION

NAME OF ORGANIZATION/ MINISTRY………………………..........................

…………………………………………………………………………………………………….

ADDRESS……………………………………………………………………………………….

Tel No……………….............................Fax No……………………………………….

NAME OF INTERVIEWEE………………………………………………………………….

DESIGNATION………………………………………………………………………………..

CONTACT PERSON ………………………………………………………………………….

DATE……………………………………………………………………………………………. …...

The 2006-2009 pilot project in support of National SAICM implementation to “Strengthen Governance,

Civil Society Participation and Partnerships within an Integrated National Chemicals and Waste

Management Programme” in Tanzania has been supported by the United Nations Institute for Training and

Research (UNITAR) with the financial support of the Swiss Agency for Development and Cooperation.

P.O. Box 164,

DAR ES SALAAM,

E-mail: emashimba@yahoo.co.uk Telephone: 022 2113383/4 Fax 255-22-2113320 (Address all correspondence to: Chief Government Chemist) In reply please quote:

71

1.0 Introduction

The national capacity assessment for sound chemicals management and SAICM

implementation is a valuable tool for prioritizing and planning the implementation of

SAICM activities at the national level. In conducting such assessment, needs specifically

to “develop or update the national chemical profiles and to identify the capacity needs for

sound chemicals management”

2.0 Main Components of the SAICM Capacity Self Assessment

The national assessment involves two main components: an assessment of the national

governance framework and an assessment of capacities for selected chemicals issues and

priorities.

The Assessment of the Governance Framework covered; assessment of relevant national

policies and development strategies, assessment of the national “programmatic”

institutional and programmatic national framework, assessment of specific projects that

concentrate/focus on building capacities for sound chemicals management, assessment of

existing legislation and associated regulations and their enforcement, assessment of

participation of private sector and civil society together with government/public sector in

chemicals management.

The assessment of chemicals management capacities addresses specific chemical

management issues such as chemicals information generation and dissemination, risk

reduction, import control, education and awareness raising; accident prevention and

control; and analytical and laboratory capacity. The questionnaire is divided in two parts,

Part A is a qualitative assessment, the purpose is to get an initial opinion of capacity, and

Part B is to collect figures/data mainly for the purpose of upgrading the National Profile.

Ranking (criteria):

High: When the required infrastructure or mechanism/framework is operational by

75% to 100% as shown by the set indicators and milestones such as reports available

Medium: When the required infrastructure or mechanism/framework is operational by

45% to 74% as shown by the set indicators and milestones such as reports available.

Low: When the required infrastructure or mechanism/framework is operational below

45% as shown by the set indicators and milestones such as reports available.

69

72

ASSESSMENT OF THE NATIONAL GOVERNANCE FRAMEWORK Ref: Q1: questions for all selected respondents.

PART A PARTICIPATION OF THE PRIVATE SECTOR AND CIVIL SOCIETY IN

CHEMICALS MANAGEMENT

(Please fill and tick as appropriate)

1.0 What are the main functions of your institution?

-----------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

1.1 How is your institution related to Chemicals management?

----------------------------------------------------------------------------------------------- -----------------------------------------------------------------------------------------------

-----------------------------------------------------------------------------------------------

2.0 How do you rank the level of participation of the private sector / civil society in

government decision-making concerning management of chemicals and wastes?

High 3

Medium 2

Low 1

2.1 Has your organization worked with other sectors in the Government and other

stakeholders with a view of identifying priorities for chemicals management activities?

Yes

No

2.2 If yes, at what level?

High 3

Medium 2

Low 1

3.0 What is the level of private sector /civil society participation in management of chemicals and wastes?

High 3

Medium 2

Low 1

73

3.1 If 1 or 2, what are the barriers to their participation?

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

4.0 To which extent does the existing infrastructure/framework specify roles of

private sector/civil society in management of chemicals and wastes?

High 3

Medium 2

Low 1

5.0 To what extent does your organization work closely with the rest of stakeholders

in the country to promote sound management of chemicals and wastes?

High 3

Medium 2

Low 1

6.0 Are there any successful initiatives taken by your organization in chemicals

management over the past five years?

Yes

No

6.1 If yes please list: -----------------------------------------------------------------------------------------------

-----------------------------------------------------------------------------------------------

6.2 If no, what type of improvements can be made? -----------------------------------------------------------------------------------------------

-----------------------------------------------------------------------------------------------

7.0 To what extent are you aware of the potential roles of civil society in management

of chemicals and wastes?

7.1 Are they being consulted by government and private sector on corporate

matters?

Yes

No

7.2 If no, what are the barriers? ---------------------------------------------------------------------------------------------

---------------------------------------------------------------------------------------------

8.0 Is there any government policy (or policies) concerning opportunities for private

Sector/civil society to provide or obtain government information related to the management of chemicals and chemicals waste?

Yes

High 3

Medium 2

Low 1

74

No

8.1 If is yes, which are they? -----------------------------------------------------------------------------------------------

-----------------------------------------------------------------------------------------------

9.0 To what extent do you involve women in decision-making on chemicals policy

and management in your organization?

High 3

Medium 2

Low 1

10.0 To what extent is information shared across the different stakeholders including

private sector and Civil society involved in chemicals and waste management?

High 3

Medium 2

Low 1

10.1 What current mechanisms exist to share information among stakeholders? -----------------------------------------------------------------------------------------------

-----------------------------------------------------------------------------------------------

11.0 To what extent does your organization play a role in the development of national infrastructure for sound chemicals and waste management?

High 3

Medium 2

Low 1

11.1 What are the barriers to participation of private sector/civil society?

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

PART B

A. SOUND INSTITUTIONAL AND PROGRAMMATIC NATIONAL FRAMEWORK:

1.0 Does your institution set aside resources for Chemicals management (annual

budget, capacity building?)

Yes

No

1.1 If yes, are the resources adequate?

Yes

No

1.2 If no, what are your suggestions?

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

75

2.0 To which extent do you involve women in development of strategy/legislation to

ensure equal participation in chemical management?

High 3

Medium 2

Low 1

3.0 How best can you describe your institutional capacity for chemicals management

in terms of;

Category High Medium Low

Human resources

Equipment

Financial resources

Data/Information

3.1 If the capacity is low, what are the existing gaps or problems?

----------------------------------------------------------------------------------------------- -----------------------------------------------------------------------------------------------

3.2 What are your suggestions for possible actions? Please rank according to

priorities 1------------------------------------------------------------------------------------------

2------------------------------------------------------------------------------------------

3------------------------------------------------------------------------------------------ 4------------------------------------------------------------------------------------------

5------------------------------------------------------------------------------------------

3.3 Please rank the possible actions according to priorities. ---------------------------------------------------------------------------------------------

---------------------------------------------------------------------------------------------

4.0 What kind of assistance do you require to enhance your capacity in chemicals

management? -----------------------------------------------------------------------------------------------

-----------------------------------------------------------------------------------------------

5.0 In which specific areas do you need for training to enhance your participation in chemicals management?

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

6.0 Is there any data/information, reports regarding chemicals management available in your institution?

Yes

No

7.0 What types of data/information/reports do you collect? ---------------------------------------------------------------------------------------------

---------------------------------------------------------------------------------------------

7.1 How do you collect and store data/information/ reports? -----------------------------------------------------------------------------------------------

-----------------------------------------------------------------------------------------------

7.3 Are the reports disseminated? To whom? ---------------------------------------------------------------------------------------------

---------------------------------------------------------------------------------------------

76

7.4 What other mechanisms for information sharing are applied by your institution? -----------------------------------------------------------------------------------------------

-----------------------------------------------------------------------------------------------

8.0 Are you aware of any existing mechanisms for information sharing among stakeholders?

Yes

No

8.1 Please comment -----------------------------------------------------------------------------------------------

-----------------------------------------------------------------------------------------------

8.2 To what extent is information shared across the different stakeholders including private sector and civil society involved in chemicals and waste management?

9.0 What can be done to improve information collection, review and analysis to

support chemicals management? -----------------------------------------------------------------------------------------------

-----------------------------------------------------------------------------------------------

10.0 What actions should be taken to improve accessibility to such information by

concerned ministries and other government and non-government institutions?

-------------------------------------------------------------------------------------------------------------------

-------------------------------------------------------------------------------------------------------------------

PART C

INTEGRATING CHEMICALS MANAGEMENT INTO NATIONAL DEVELOPMENT PRIORITIES

1. Is there any mutual supportiveness between Chemicals business and environment management?

Yes

No

1.1 If yes to what extent?

High 3

Medium 2

Low 1

2. Are you aware of the need to promote mutual supportiveness between chemical business and environmental management policies?

High 3

High 3

Medium 2

Low 1

77

Medium 2

Low 1

3. Do your organization’s programmes promote sound management of chemicals

and waste?

Yes

No

3.1 If yes, to what level?

High 3

Medium 2

Low 1

4. Are the resource allocated for capacity building in chemicals management

adequate?

Yes

No

PART E

EFFECTIVE PROJECT PLANNING, IMPLEMENTATION, MONITORING AND EVALUATION.

1. Has your organization conducted any projects in chemicals management over the

past five years?

Yes

No

1.1 If yes please list

--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

2. Please mention other organizations that participated in the following phases of the project;

Planning and design

Implementation

Monitoring and evaluation

3. What resources would you consider useful during the following project phases?

Planning and design

Implementation

Monitoring and evaluation

2.1 How was the project funded? -----------------------------------------------------------------------------------------------

-----------------------------------------------------------------------------------------------

2.2 Were the resources to conduct the project adequate?

78

Yes

No

2.3 If No, what were the barriers?

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

2.4 If yes, to what extent were the project objectives attained?

High 3

Medium 2

Low 1

3.0 Did you conduct monitoring and evaluation of the project?

Yes

No

4.0 Have you ever conducted project review?

Yes

No

4.1 If yes, are the lessons learnt applied to other project? -------------------------------------------------------------------------------------------

-------------------------------------------------------------------------------------------

79

Ref: Q2: questions for SAICM Secretariat, selected Government institutions and Key NGOs involved in chemicals management.

PART A PARTICIPATION OF THE PRIVATE SECTOR AND CIVIL SOCIETY IN

CHEMICALS MANAGEMENT

(Please fill and tick as appropriate)

1.0 What are the main functions of your institution? -----------------------------------------------------------------------------------------------

-----------------------------------------------------------------------------------------------

1.1 How is your institution related to Chemicals management?

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

2. Are small and medium sized companies part/member of registered interest groups

such as Crop Life Tanzania (former Agrochemicals Association of Tanzania,) Confederation of Trade and Industries (CTI) etc.?

Yes

No

2.1 If no, why?

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

3. Is there a coordinating and information sharing mechanism for private sector/civil

society in the country?

Yes

No

3.1 If no, what are the barriers? -----------------------------------------------------------------------------------------------

-----------------------------------------------------------------------------------------------

If yes,

3.2 At what level does the civil society cooperate with the government through such

coordinating measure?

High 3

Medium 2

Low 1

3.3 At what level does the civil society cooperate with the private sector through such coordinating measure?

High 3

Medium 2

Low 1

80

PART B. SOUND INSTITUTIONAL AND PROGRAMMATIC NATIONAL FRAMEWORK:

1.0 Is there any multi-stakeholder collaboration mechanism in sound chemicals

management?

Yes

No

If yes, a. Please list them

----------------------------------------------------------------------------------------------------------------------------------------------------------------------

b. What multi-stakeholders coordinating bodies have collaboration with your institution?

-----------------------------------------------------------------------------------

----------------------------------------------------------------------------------- c. How do you rank the effectiveness of collaboration?

High 3

Medium 2

Low 1

PART C INTEGRATING CHEMICALS MANAGEMENT INTO NATIONAL DEVELOPMENT

PRIORITIES

1. Are there any existing framework/mechanisms/approaches for promoting private

and public partnerships to manage chemicals and waste management?

1.1 If yes, what is the status?

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Yes

No

81

Ref: Q3: questions for all selected private sector, NGOs and Civil Society

PART A. PARTICIPATION OF THE PRIVATE SECTOR AND CIVIL SOCIETY IN

CHEMICALS MANAGEMENT

(Please fill and tick as appropriate)

1.0 What are the main functions of your institution?

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

1.1 How is your institution related to Chemicals management?

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

2.0 In which ways can the initiatives of your organization supplement Government efforts in chemicals management?

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

3.0 To what extent are you involved in providing inputs for development/reviews of

laws and regulations related to the control of chemicals and wastes?

High 3

Medium 2

Low 1

3.1Please comment; -------------------------------------------------------------------------------------------

-------------------------------------------------------------------------------------------

4.0 Do you have any information, studies, or previous research conducted by your institution/ private sector/civil society relevant for strengthening Government’s

capacity for chemicals and waste management?

Yes

No

4.1 If yes, is this information shared with the Government? -------------------------------------------------------------------------------------------

-------------------------------------------------------------------------------------------

4.2 If not what are the barriers? -------------------------------------------------------------------------------------------

-------------------------------------------------------------------------------------------

5. 0 Are small and medium sized companies parts of registered interest groups such

as Crop Life Tanzania (former Agrochemicals Association of Tanzania)?

Yes

No

5.1 If no, what are the barriers to their participation?

82

-------------------------------------------------------------------------------------------

------------------------------------------------------------------------------------------- Ref: Q4: questions for selected Government institutions and key NGOs

involved in chemicals management.

PART B. SOUND INSTITUTIONAL AND PROGRAMMATIC NATIONAL FRAMEWORK:

(Please fill and tick as appropriate)

1.0 What are the main functions of your institution? -----------------------------------------------------------------------------------------------

-----------------------------------------------------------------------------------------------

1.1 How is your institution related to Chemicals management? -----------------------------------------------------------------------------------------------

-----------------------------------------------------------------------------------------------

2. In which areas of International Chemicals management Programme/Conventions,

does your institution participate? ---------------------------------------------------------------------------------------------

---------------------------------------------------------------------------------------------

2.1 When and how did you learn about the programme/convention? ---------------------------------------------------------------------------------------------

---------------------------------------------------------------------------------------------

2.2 To what level is the implementation of these conventions integrated into

chemicals management programme?

High 3

Medium 2

Low 1

3.0 State three priority areas that your institution has sited/ranked to be of big

concern for chemicals management. ---------------------------------------------------------------------------------------------

---------------------------------------------------------------------------------------------

3.1 What are the criteria for setting these priorities as problems in chemical

management at your institution? ---------------------------------------------------------------------------------------------

---------------------------------------------------------------------------------------------

3.2 If not, what additional information should be available? -----------------------------------------------------------------------------------------------

-----------------------------------------------------------------------------------------------

PART C

INTEGRATING CHEMICALS MANAGEMENT INTO NATIONAL DEVELOPMENT

PRIORITIES

1. To what extent do National development strategies and policies address chemicals management?

High 3

83

Medium 2

Low 1

2. Are there existing methodologies and approaches for integrating chemicals

management into National development strategies/plans?

Yes

No

2.1 If yes, give example/s? -----------------------------------------------------------------------------------------------

-----------------------------------------------------------------------------------------------

3. What mechanisms exist for coordination among institutions at National and

international level for the implementation of multi-lateral environment agreements on chemicals management?

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

3.1 What is the strength of coordination?

High 3

Medium 2

Low 1

3.2 If the answer is 1 or 2 in (a) above, please provide suggestions for improvement? -----------------------------------------------------------------------------------------------

-----------------------------------------------------------------------------------------------

4.0 In which sectors and to what extent are technical and human resources available and mobilized to promote sound management of chemicals?

Sector Yes No Extent

Low Medium High

5.0. What is the level of integration of chemicals management issues among involved

ministries?

High 3

Medium 2

Low 1

6.0. What is the existing capacity to undertake social and economic impact

assessment of chemicals activities?

High 3

Medium 2

Low 1

6.1 Please comment; -----------------------------------------------------------------------------------------------

-----------------------------------------------------------------------------------------------

6.2. Are you aware of 2020 World Summit Sustainable Development (WSSD) goal on Chemicals management?

Yes

No

6.3 If yes, are there existing/developing chemicals safety policies to achieve goals and milestones towards reaching the 2020 WSSD goal?

84

Yes

No

6.4 Please comment. ---------------------------------------------------------------------------------------------

---------------------------------------------------------------------------------------------

7.0 Among these 10 (ten) priorities listed below, which one are not been adequately addressed with existing Laws/Policies?

Priority Yes No

1. National Capacity to manage chemicals,

2. Co-ordination of chemicals management efforts,

3.Establishing a chemical emergency response, 4. Public awareness raising on safe chemical use and handling,

5. National policy on chemicals management,

6. Safe handling practice of chemicals,

7. Legislation, and both regulatory and non-regulatory instruments to manage chemicals,

8.Enforcement structure of legislations and regulations,

9. Establishing a National information system for chemicals management,

10. Proper disposal practices of waste/expired chemicals and drugs.

7.1 Which key areas have not been addressed at all? -----------------------------------------------------------------------------------------------

-----------------------------------------------------------------------------------------------

PART D

LEGISLATION AND ENFORCEMENT

1. Are you aware of any existing legislation on chemicals management?

Yes

No

1.1 If Yes, Please list

--------------------------------------------------------------------------------------------------

---------------------------------------------------------------------------------------------------

2. Do the legislation and their respective regulations cover important components of chemicals management (from production through disposal)?

Mark as appropriate by: -

C – Comprehensive, A- Adequate

S- Satisfactory.

Legislation/Co

mponent

Import Produc

tion

Storage Transp

ort

Distrib

ution

Use/Han

dling

Disposal

Pesticide

Fertilizer

Industrial

Chemicals

Processing

85

facilities

Petroleum Products

Consumer Chemicals

Chemical Wastes

Others (Specify)

3. Is there an integrated legislative framework across all sectors that seek to address the entire life cycle of chemicals?

Yes

No

3.1 If yes, name these legislation

----------------------------------------------------------------------------------------------- -----------------------------------------------------------------------------------------------

4. Are there any gaps, difficulties, conflicts and overlaps in the legislative system for

the management of chemicals,

4.1 If yes, please comments; -----------------------------------------------------------------------------------------------------------------------------------------------------------------

5. To what extent is there existence of a comprehensive and well coordinated legal framework to avoid piecemeal, overlapping or conflict of regulations

High 3

Medium 2

Low 1

6. Are you aware of any strategy/legislation in chemicals management which consider

the interest of vulnerable groups,

Yes

No

6.1 If YES, please mention -------------------------------------------------------------------------------------------------

-------------------------------------------------------------------------------------------------

7. Are you aware of any multilateral environmental agreements (Conventions) related to chemicals management that ratified and implemented by the country?

Yes

No

7.1 If yes, list and state the level of implementation at your institution.

Conventions Extent

High Medium Low

86

8. Are there any laws, regulations or other instruments that are in place as a direct result of international conventions or agreements?

Yes

No

8.1 If yes, specify the respective laws and the relevant international instrument.

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

9. What is the capacity of your organization to enforce legislation on chemicals management?

High 3

Medium 2

Low 1

9.1 If the answer is 1 or 2, what are the barriers? -----------------------------------------------------------------------------------------------

-----------------------------------------------------------------------------------------------

10. How do you rank the adequacy of legislation for chemicals management in

protecting health and the environment?

High 3

Medium 2

Low 1

11. Does the legislation provide opportunity to the private sector/civil societies to

provide ideas for reviews to enhance smooth implementation?

High 3

Medium 2

Low 1

12. To what extent are all sectors related to chemicals management covered in the legislation

High 3

Medium 2

Low 1

13. To what extent does the legislation allow information exchange and sharing with stakeholders?

High 3

Medium 2

Low 1

14. Are the obligations of the various stakeholders under the legislation stated clearly on issues related to chemicals management? e.g. customs, chemical industries,

importers etc.

87

Yes

No

14.1 If yes, to what extent?

High 3

Medium 2

Low 1

14.2 If no, please comment. -----------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------- 15. Is the enforcement of legislation effective?

Yes

No

15.1 If no, what are underlying reasons?

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

16. At what levels are non-regulatory instruments effective in reducing chemical risks in the country (e.g., incentive systems, voluntary programmes and

compliance by industry, etc.)?

16.1 Please comments on your response,

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

High 3

Medium 2

Low 1

88

Capacity Self Assessment on Chemicals Management Assessment related issues PART A: Qualitative Assessment

B.1 Information generation and dissemination

Stakeholder Input Government Stakeholder Group

__[name of group]__

Stakeholder Group

__[name of group]__

Priority Rating for Chemicals Management

Category

Priority

High / Reason for

Priority

High / Reason for

Priority

High / Reason for

Potential Priority for

Medium / Judgment Medium / Judgment Medium / Judgment Development (and related GPA activities)

Low

Low

Low Planning

1.1 Hazard Identification,

Classification and Labelling

(GHS)

1.2 Exposure Assessment

1.3 Toxicology

1.4 Epidemiology and

Monitoring

89

B.2 Risk Reduction

Stakeholder In put Government Stakeholder Group __[name of group]__

Stakeholder Group __[name of group]__

Priority Rating for Chemicals Management

Priority High /

Medium / Low

Reason for Judgment

Priority High /

Medium / Low

Reason for Judgment

Priority High /

Medium / Low

Reason for Judgment

Potential Priority for Development Planning

Category (and related GPA activities)

2.1 Chemical Safety – General

2.2 Safe Handling and Use of Pesticides

2.3 Chemical Safety in the Workplace

2.4 Chemical-Specific Risk Reduction

2.5 Industry-sector Specific Risk Reduction

2.6 Obsolete Pesticides and Wastes

2.7 Prevention and Control of

Chemical Pollution and Waste

2.8 Promote Safer Alternatives

69

90

B.5 Analytical and laboratory capacity

Stakeholder Input

Government Stakeholder Group

__[name of group]__

Stakeholder

__[name

Group

of group]__

Priority Rating

for Chemicals

Management ---------------------------- Priority

High /

Medium /

Low

Reason for

Judgment

Priority

High /

Medium /

Low

Reason for

Judgment

Priority

High /

Medium /

Low

Reason for

Judgment

Category

(and related GPA activities) Potential Priority

for Development

Planning

Stakeholder Group

__[name of group]__

Priority High /

Medium /

Low

Reason for

Judgment

B.4 Accident prevention and control

Stakeholder Input

4.1 Chemical Accidents

4.2 Poisoning Prevention,

Treatment and Control (5,

Government

Priority

High /

Medium /

Low

Reason for

Judgment

Stakeholder Group

__[name of group]__

Priority

High /

Medium /

Low

Reason for

Judgment

Priority Rating

for Chemicals

Management ---------

Potential Priority

for Development

Planning

69

91

5.1 Analytical and Laboratory

Capacities

(63, 82, 181, 219, 220, 228,

247, 246, 248)

B.1 Information generation and dissemination

Chemicals Management Issue Area Capacity Gaps Possible Action Concerned Actors Urgency & importance of taking action:

High / Medium / Low

B.2 Risk Reduction

Chemicals Management Issue Area Capacity Gaps Possible Action Concerned Actors Urgency & importance of taking action:

High / Medium / Low

B.3 Education and awareness raising

Chemicals Management Issue Area Capacity Gaps Possible Action Concerned Actors Urgency & importance of taking action:

High / Medium / Low

92

B.4 Accident prevention and control

Chemicals Management Issue Area Capacity Gaps Possible Action Concerned Actors Urgency & importance of taking action:

High / Medium / Low

B.5 Analytical and laboratory capacity

Chemicals Management Issue Area Capacity Gaps Possible Action Concerned Actors Urgency & importance of taking action:

High / Medium / Low

93

PART B: Facts and Figures

Personnel Qty Comments

Number

Qualification (Chemicals Related)

Chemicals

Numbers

Volumes/Quantities

Laws/Regulations observed

Wastes and Obsolete Stock

Volume of stock

Category of stock

Reason for accumulation

Normal disposal methods

Problems faced

Laws/Regulations observed

Incidents/Accidents

Number

Frequency

Last Incident

How Incidents Handled

Presence of Contingency plans

Health and Safety Committee in Place

Frequency of H&S Committee

Risk Reduction

Risk Assessment Done

Environment Audit

Any Environment Management plan

Education& Training

Number of Training in last 5 years

Type of training

Number of trainees

Level of Funding

Who trained

Qualification of trainer

94

95