Browsing by Author "Mectrida Bonephace"

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Harnessing the potentials of free, prior and informed consent in Tanzanian legislation for natural resources governance
(East African Journal of Law and Ethics, 2025-10) Mectrida Bonephace
Free, Prior and Informed Consent (FPIC) is a necessary peace and harmony vessel in natural resource governance as it empowers communities to defend their resource rights in all resource-rich countries. Tanzania is a renowned, natural resource-rich country; hence, the exploitation of its natural resources is inevitable. The natural resource exploitation causes negative impacts on the lives of the people in which the resource exploitation projects are located. Embarking on FPIC in natural resource governance schemes is a dual gateway where communities safeguard their rights in respect of natural resources and investors get assured of a Social Licence to Operate (SLO). This paper examines the prevalence of FPIC rights internationally and whether internationally recognised FPIC can be ascertained and implemented in Tanzania to enable Project Affected People(s) (PAPs) to either “give” or “withhold” consent in pursuit of resource exploitation-associated rights. Doctrinal legal research methodology was employed to examine FPIC insights internationally and domestically, and to assess whether Tanzania can learn through the international FPIC platform in legislating for FPIC domestically. International and Tanzanian legal instruments were examined and pegged to determine the extent to which FPIC prevails in Tanzania. Content analysis and syllogism were used to analyse the contents. The results reveal that FPIC is internationally established and honoured. However, Tanzanian laws only gesture some FPIC principles; and the said FPIC gestures are not enshrined in any independent law. FPIC principles in Tanzania are just superficially and indirectly inferred in various law(s) related to natural resources. This paper recommends explicit legislated FPIC rights in Tanzania as they enhance good governance in the natural resource sector.
Legal reflection on spurring wildlife investments whilst embracing wild animals conservation in Tanzania
(International Journal of Advanced Research, 2026-07) Mectrida Bonephace
Tanzania is diversifying wildlife investments. The Special Wildlife Investment Concession Area, (the SWICA) is set aside. The regulations to achieve the purpose are in place.The regulations enlighten on the procedures of carrying out investments within the SWICA. This paper reviewson this new investment scheme;whether itwill spare the ecosystem, specifically, the safety and survival of wild animals.The invited investments activities connote disturbance on the lives of wild animals. This paper observes that, the cumulative promulgation of the regulations threatens the life of wild animals. The apprehension of ecosystem disturbances in the SWICA is too wide to connote probable security on the lives of wild animals. Moreover, the avenues for some actors to excises “their wisdom,” aside of the regulations may invite unnecessary difficulties between the investors and the authority. Lastly, wild animals are likely to suffer a significant prejudice if investments in the SWICAs get through.
Re-examining international law perspectives on wild animals’ protection legal regime in Tanzania
(East African Journal of Law and Ethics, 2026-06) Mectrida Bonephace
Tanzania’s biodiversity is a globally renowned heritage; protecting it holds a compelling duty nationally and internationally. This paper examines International Laws (IL) applicable in Tanzania with respect to wild animals’ protection. It examines the influence of IL, to wit, the Convention on Biological Diversity (CBD), the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and other multilateral agreements on wild animals’ protection. Doctrinal legal research was employed; content analysis and syllogism analysed the contents. The results reveal that, whereas IL is important in shaping the world’s legal regime(s) on wildlife conservation; nevertheless in Tanzania, IL suffers misalignment with local realities and hence unlikely implementation. This paper concludes that the role of IL in the Tanzanian legal regime in respect of wild animals’ protection is feeble. It recommends that context-sensitive laws that align with international standards should be aligned with Tanzanian governance systems to ensure inclusive wildlife conservation.
The essence of wildlife crimes and associated effects on wild animals’ protection in Tanzania – legal perspective
(Tanzania Journal of Forestry and Nature Conservation, 2022) Mectrida Bonephace
Conservation challenges have surfaced in Tanzania for decades. Several researches have revealed the causes, each research taking own perspective. This article discusses conservation challenges in legal perspective. The article reveals the manner crimes against wildlife initiate human induced wildlife conflicts, but humans have legal ambits to justify their actions. The article uncovers several acts the law permits whilst the same are triggering misery over wildlife. The article discovers environmental crimes posed by humans’ development demands. Yet, humans refuse to acknowledge the situation and camouflage in attributing their ill actions to wildlife by twisting the situation as “human-wildlife conflicts”. The article recommends that, it is technically improper to capacitating wildlife to commit crimes. Particularly, wildlife are the victims of unjust and pre-meditated human actions. In this review, content and thematic analysis used to interpret an in- depth aspects of wildlife law(s). It is concluded that, whilst the law recognizes wildlife in two facets; wild animals and their habitats, and requires the protection of both, there are human-wildlife common interests which the law has not been able to safeguard inter se and thus trigger crimes against wildlife. There is need for suitable laws in the wildlife sector to safeguard wildlife.
Why should Tanzania engulf its natural wealth? a history worth attention and lessons learnt from economic hurdles
(Journal of Policy and Leadership, 2019-06) Mectrida Bonephace
This is a review paper on recent progress in Tanzania‟s natural resources management hurdles towards their full utilization for economic development. The paper summarizes how borrowed legal framework has led astray economic flourishment in the natural resource sector in Tanzania. It shows tactful international web-pin Tanzania had entered into and from which the rescue would have been impossible if the Tanzania‟s President, Hon. John Joseph Pombe Magufuli (JPM) wouldn‟t have acted to end the overdue misery of the nation. Feeble legal framework in natural resources and investment laws thereon have fore-fronted in this paper as the underlying cause for failures to manage Tanzania‟s natural resources. In particular, Foreign Direct Investments (FDIs) is pointed to be one of the drivers through which Tanzania was trapped and exploited-a loop created by foreign adopted legal framework. The paper reckons on Tanzania‟s inability to out-way the tactics within which its natural resource and investment laws had tumbled. It commends enactment of new natural resource laws and explains hopes availed by the new laws.