In this chapter a researcher presents the background of the study, statement of the problem, objectives of the study, research questions, scope of the study, and importance of the study, research methodology and related literature review.
1. BACKGROUND TO THE STUDY
Due to linkage between environmental rights and human rights the beginning of 1990’s witnessed the entrenchment of environment rights in constitutions of states in Africa. For instance the constitutions of Mozambique, Uganda, Malawi, South Africa and Lesotho have provisions that specifically provide for people’s rights to clean, safe and health environment.
Furthermore a number of countries in Africa have developed framework legislations on environmental protection. Tanzania has made efforts to join this group with promulgation of the Environmental Management Act
Following its adoption and ratification of some international agreements that have a bearing on the environment for the purpose of legal protection Yet it is still very difficult for individuals to enforce their environmental rights as the issue of locus standi has become a major stumbling block for the realization of their rights.
2. STATEMENT OF THE PROBLEM
Although Tanzania has played a big role in enacting the environmental management Act and also the constitution providing for the right to life but still there is a big problem when it comes to the enforcement of these rights by individual persons.
3. OBJECTIVES OF THE STUDY.
i. To determine the extent the people are aware of their environmental rights and hence enforce them.
ii. To explore the problem of locus standi in Environmental Litigation in Tanzania.
iii. To explore the extent to which the Environmental Laws are effective in Tanzania.
4. RESEARCH QUESTIONS
i. What are the difficulties in implementing the environmental rights in Tanzania?
ii. How the laws of Tanzania have tried to eliminate the problems of locus standi in environmental litigation?
iii. In what aspects are the environmental laws not effective?
5. THE SCOPE OF THE STUDY.
The research study was limited to environmental litigation only and the area of the study was Mara Region representing Tanzania as a whole. This is because in Mara there are many environmental problems caused by fishing industries, textile industry and oil industries and many other activities which cause problems to the environment.
6. IMPORTANCE OF THE STUDY
i. This study helps the people to be aware of their right emanating from the environment and how they can enforce them. ii. This study helps the law and policy makes to think of the interest of the people when planning for new legal framework.
iii. This study makes the new legal frameworks on the environment become very effective in areas which have some weaknesses in the current environmental laws.
7. RESEARCH METHODOLOGY
During the research process the researcher employed the sampling design method to obtain information for the entire population by distributing the questionnaires to them.
1. Choice of the study population.
The choice of the study population was only limited to magistrates because they are the ones who decide over the matters concerning environmental problems. I distributed them with questionnaires. Their number did not exceed ten magistrates.
2. Primary Data.
These are fresh data collected from the field at the first time through the methods of questionnaires.
3. Secondary Data.
These are the data which have already been collected by the authors and have passed through the analytical processes. The Data were obtained from the books, statutes, cases and researches.
1.8 LITERATURE REVIEW
Malcom M. Shaw in his book says recent years have seen an...