Kilonzo, C. FOL-(2023).

PROTECTING FORESTS AGAINST ILLEGAL LOGGING IN TANZANIA:
EXAMINING THE LAW AND PRACTICE

PROTECTING FORESTS AGAINST ILLEGAL LOGGING IN TANZANIA:
EXAMINING THE LAW AND PRACTICE
By
Claudi Christopher Kilonzo
A Dissertation Submitted in Partial Fulfillment of the Requirements for Award of

the Master Degree in International Law (LLM-IL) of Mzumbe University
2023
i
CERTIFICATION
We, the undersigned, certify that we have read and hereby recommend for acceptance
by the Mzumbe University, a dissertation entitled “Protecting Forests against Illegal
Logging in Tanzania: Examining the Law and Practice”, in partial fulfillment of the
requirements for award of Master Degree in International Law (LLM-IL) of Mzumbe
University
Major Supervisor
Internal Examiner
Accepted for the Board of the Faculty of Law
DEAN, FACULTY OF LAW
ii
DECLARATION
AND
COPYRIGHT
I, Claudi Christopher Kilonzo, declare that this dissertation is my own original work
and that it is has not been presented and will not be presented to any other university
for a similar or any other degree award.
Signature
Date
This dissertation is a copyright material protected under the Berne Convention, the
Copyright and Neighbouring Rights Act, Cap. 218 R.E. 2002 and other international
and national enactments, in that behalf, on intellectual property. It may not be
reproduced by any means in full or in part, except for short extracts in fair readings, for
research or private study, critical scholarly review or discourse with an
acknowledgement, without the written permission of Mzumbe University, on behalf of
the author.
iii
ACKNOWLEDGEMENT
I thank the Almighty God for giving me good health, strength and guidance throughout
this journey, without which nothing would have been possible.
I also express my sincere appreciation to my supervisor, Dr. Seraphina M. Bakta, first,

for her constructive guidance and advice throughout this journey and; second, for her
tireless cooperation despite her demanding administrative and coordination roles as the
Dean of the Faculty of Law. She could always find a way to accommodate me for
discussions on my work. May the Almighty God bless you!
Further, I express my appreciations and thanks to my lovely parents for their countless
and immeasurable support especially in terms of their day and night prayers to me,
their first born.
iv
DEDICATION
This work is dedicated to my lovely parents Penueli Kiandiko (my mother) and
Christopher Kilonzo (my father); my beautiful young sisters Elizabeth and Dayness;
and, my young brothers Stephen and Johnson.
v
LIST OF LEGAL INSTRUMENTS
International Instruments
Africa Convention on Conservation of Nature and Natural Resources, OAU Doc

CAB/LEG/24.1 (1968), entered into force 16 June 1969.
Convention on Biological Diversity 1760 UNTS 79, 31 ILM 818 (1992), entered into
force on 29 December 1993.
Convention on International Trade in Endangered Species of Wild Fauna and Flora,

14537 UNTS 993 (1973), entered into force on 1 July 1975.
East Africa Community Protocol on Environmental and Natural Resources

Management, (2006).
International Convention on Protection of Birds Useful in Agriculture, IUCN.ID: TRE-

000067 (1902), entered into force 6 December 1905.
Non-Legally Binding Authoritative Statement of Principles for a Global Consensus on

the Management, Conservation and Sustainable Development of All Types of
Forests (Forest Principles), UNCED. A/CONF.151/6. (1992).
Rio Declaration on Environment and Development, UN Doc. A/CONF.151/26 (Vol.1)

31 ILM 874 (1992).
Stockholm Declaration of the United Nations Conference on the Human Environment,

UN Doc. A/CONF.Rev.1 11 ILM 1416 (1972).
The Convention Relative in Conservation of Flora and Fauna in their Natural State,
(1933), entered into force on 14 January 1936.
The International Tropical Timber Agreement, No.23317 UNTS 68. Vol.1393, I-23317
(1983), entered into force in 1985.
vi
United Nations Convention to Combat Desertification in those Countries Experiencing
Serious Drought and/or Desertification, Particularly in Africa, Reg. No. 33480
UNTS Vol. 1954 (1994), entered into force 26 December 1996.
United Nations Framework Convention on Climate Change, A/RES/48/189 (1992)

entered into force on 21 March 1994.
Domestic Instruments
The Constitution of the United Republic of Tanzania, [Cap. 2 R.E. 2002].
The Economic and Organized Crime Control Act, [Cap. 200 R.E. 2022].
The Environmental Management Act, No.20 of 2004.
The Forest (Sustainable Utilization of Logs, Timber, Withies, Poles or Charcoal)

Regulations, Government Notice No.417 of 2019.
The Forest Act, [Cap. 323 R.E. 2002].
The Forest Ordinance, 1921. (Repealed).
The Forest Ordinance, 1933. (Repealed).
The Forest Ordinance, 1957, [Cap. 386 of 1957]. (Repealed).
The Forest Regulations, Government Notice No.153 of 2004.
The Penal Code, [Cap. 16 R.E. 2022].
The Written Laws (Miscellaneous Amendment) (No.2) Act, No.4 of 2016.
vii
LIST OF CASES
Director of Public Prosecutions v. Danford Roman @ Kanani, Criminal Appeal
No.236 of 2018, Court of Appeal of Tanzania Dar es Salaam (Unreported).
Director of Public Prosecutions v. Salum Mohamed Salum & Six Others, Criminal
Appeal No.237 of 2018, Court of Appeal of Tanzania at Dar es Salaam
(Unreported).
Juliana Seki Mwakatagwe v. The Republic & Two Others, Criminal Application No.52
of 2022, High Court of Tanzania, District Registry of Mbeya at Mbeya,
(unreported).
Novatus Anselimi Moshy v. The Republic, (DC) Criminal Appeal No.31 of 2021, High
Court of Tanzania, District Registry of Kigoma at Kigoma (Unreported).
Robert Yohan v. The Republic, Criminal Appeal No.20 of 2021, High Court of
Tanzania, District Registry of Kigoma at Kigoma (Unreported).
viii
ABBREVIATIONS AND ACRONYMS
ACCNNR -African Convention on Conservation of Nature and Natural Resources
CBD -Convention on Biological Diversity
CITES -Convention on International Trade in Endangered Species of Wild
Fauna and Flora
CRCFF -Convention Relative in Conservation of Flora and Fauna
EOCCA -Economic and Organized Crime Control Act
FAO -Food and Agriculture Organization
FBD -Forest and Beekeeping Division

FLEGT -Forest Law Enforcement, Governance and Trade
IPF -International Panel on Forests
ITF -Inter-Agency Task on Forests
ITTA -International Timber Trade Agreement
ITTO -International Timber Trade Organization
LGAs -Local Government Authorities
MNRT -Ministry of Natural Resources and Tourism
NFAC -National Forest Advisory Committee
TaFF -Tanzania Forest Fund
TAFORI -Tanzania Forest Research Institute
TFS -Tanzania Forest Service
UNCCD -United Nations Convention to Combat Desertification
UNCED -United Nations Conference on Environmental and Development
UNEP -United Nations Environmental Programme
UNFCCC -United Nations Framework Convention on Climate Change
UNFF -United Nations Forum on Forest
VEO -Village Executive Officer
WEO -Ward Executive Officer
ix
ABSTRACT
This study examined the law and practice on forests protection against illegal logging
in mainland Tanzania. It proceeded from the view that despite the country’s seemingly
strong legal framework deterring, criminalizing and sanctioning illegal logging
practices, studies show that, its forest cover declines at an alarming rate. Studies show
that, 70 percent of the country’s forest loss is due to illegal logging. This necessitated a
study to examine the law and practices in protection of forests with a view to exploring
legal and practical challenges in curbing illegal logging of forests in Tanzania. This
study was limited to Mainland Tanzania, with a specific focus on Morogoro Region. It
adopted exploratory research design to collect data through documentary review and
in-depth interviews. A sample of thirty-five (35) respondents was involved. The data
obtained was qualitatively analyzed and interpreted through content and thematic
analyses.
The study found some legal and practical challenges with regard to protecting forests
from illegal logging. In relation to legal challenges, it was found that, the existing legal
regime on forests protection is inadequate. Some of the provisions enacted in the Forest
Act are vague while sanctions are relatively lenient. On the practical aspect, it was
found that, the absence of qualified officials and limited resources for forest patrols at
the Tanzania Forest Service Agency (TFS), interference with efforts to deal with illegal
loggers, corruption among some forest protection authorities, excessive forest
dependence by citizens living adjacent to forests and mid-night illegal forest operations
are among the factors that hinder protection of forests from illegal logging.
Consequently, the study recommends amendment of the Forest Act to address its
unclear construction and, impose severe sanctions to illegal loggers. Again, the study
recommends transformation of the TFS to a military agency to strengthen its
performance. In addition, the government should encourage the use and facilitate
availability of alternative sources of energy to reduce excessive dependence on forests.
Further, the study recommends a deliberate fight against corruption in the forest sector
and, along the chain of detection, investigation and prosecution of illegal logging.
x
TABLE OF CONTENTS
CERTIFICATION..........................................................................................................ii
DECLARATION...........................................................................................................iii
AND................................................................................................................................iii
COPYRIGHT.................................................................................................................iii
ACKNOWLEDGEMENT.............................................................................................iv
DEDICATION................................................................................................................v
LIST OF LEGAL INSTRUMENTS............................................................................vi
LIST OF CASES..........................................................................................................viii
ABBREVIATIONS AND ACRONYMS.....................................................................ix
ABSTRACT.....................................................................................................................x
CHAPTER ONE.............................................................................................................1
GENERAL INTRODUCTION......................................................................................1
1.1 Introduction.................................................................................................................1
1.2 Background to the Problem........................................................................................3
1.3 Statement of the Problem...........................................................................................9
1.4 Research Objectives..................................................................................................10
1.4.1 General Objective..................................................................................................10
1.4.2 Specific Objectives................................................................................................10
1.5 Research Questions...................................................................................................11
1.6 Significance of the Study..........................................................................................11
1.7 Scope of the Study....................................................................................................11
1.8 Literature Review.....................................................................................................12
xi
1.9 Research Methodology.............................................................................................17
1.9.1 Type of Study........................................................................................................17
1.9.2 Research Design and Approach.............................................................................17
1.9.3 Study Population....................................................................................................18
1.9.4 Sample Size and Sampling Methods.....................................................................18
1.9.5 Sources of Data......................................................................................................19
1.9.6 Methods of Data Collection...................................................................................19
1.9.6.1 Documentary Review.........................................................................................20
1.9.6.2 Interview.............................................................................................................20
1.9.7 Instruments of Data Collection..............................................................................20
1.10 Data Analysis and Data Interpretation....................................................................21
1.11 Limitation of the Study...........................................................................................21
1.12 Ethical Considerations............................................................................................21
1.13 Conclusion..............................................................................................................22
CHAPTER TWO..........................................................................................................23
CONCEPTUAL FRAMEWORK OF THE STUDY.................................................23
2.1 Introduction...............................................................................................................23
2.2 Forest........................................................................................................................23
2.3 Forest Protection.......................................................................................................26
2.4 Illegal Logging of Forests.........................................................................................30
2.5 The Relationship between Legal Regime and Practical Situation............................34
2.6 The Concept of ‘Legal and Practical Challenges’....................................................36
2.7 Conclusion................................................................................................................36
xii
CHAPTER THREE......................................................................................................38
LEGAL AND INSTITUTIONAL FRAMEWORK ON FORESTS PROTECTION

AGAINST ILLEGAL LOGGING..............................................................................38
3.1 Introduction...............................................................................................................38
3.2 The Legal Framework...............................................................................................38
3.2.1 International Legal Framework.............................................................................38
3.2.1.1 The Convention on Biological Diversity............................................................39
3.2.1.2 The United Nations Framework Convention on Climate Change......................40
3.2.1.3 The United Nations Convention to Combat Desertification...............................40
3.2.1.4 Convention on International Trade in Endangered Species...............................41
3.2.1.5 Stockholm and Rio Declarations........................................................................42
3.2.1.6 The African Convention for Conservation of Nature and Natural resources.....43
3.2.1.7 The East Africa Community Protocol on Environmental and Natural Resources
Management...................................................................................................................44
3.2.2 Domestic Legal Framework..................................................................................45
3.2.2.1 The Constitution of the United Republic of Tanzania........................................45
3.2.2.2 The Environmental Management Act.................................................................46
3.2.2.3 The Forest Act....................................................................................................47
3.3 Institutional Framework............................................................................................57
3.3.1 International Institutional Framework...................................................................57
3.3.1.1 United Nations Forum on Forests.......................................................................57
3.3.1.2 United Nations Food and Agriculture Organization...........................................59
3.3.1.3 United Nations Environmental Programme........................................................60
3.3.1.4 Inter-Agency Task Force on Forests..................................................................61
xiii
3.3.1.5 International Tropical Timber Organization.......................................................62
3.3.2 Domestic Institutional Framework........................................................................63
3.3.2.1 Ministry of Natural Resources and Tourism: Forest and Beekeeping Division 63
3.3.2.2 The National Forest Advisory Committee..........................................................64
3.3.2.3 Tanzania Forest Service Agency........................................................................65
3.3.2.4 Tanzania Forest Fund.........................................................................................66
3.3.2.5 Local Government Authorities...........................................................................67
3.3.2.6 The Community Forest Management Group......................................................68
3.4 Conclusion................................................................................................................69
CHAPTER FOUR........................................................................................................71
DISCUSSION OF FINDINGS.....................................................................................71
4.1 Introduction...............................................................................................................71
4.2 Legal Mechanisms for Curbing Illegal Logging of Forests......................................71
4.2.1 Prohibition of Illegal Harvesting of Forests Produce............................................71
4.2.2 Prohibition of Unlawful Exporting of Forests Produce.........................................72
4.2.3 Prohibition of Unlawful Transportation of Forests Produce.................................73
4.2.4 Prohibition of Unlawful Possession of Forests Produce........................................75
4.2.5 Prohibition of Unauthorized Trade in Forests Produce.........................................76
4.3 Legal Challenges Undermining the Protection of Forests against Illegal Logging .77
4.3.1 Insufficient and Lenient Sanctions........................................................................77
4.3.2 Unclear Construction of Some Offences and Sentences.......................................80
4.4 Practical Challenges Undermining the Protection of Forests against Illegal Logging
........................................................................................................................................83
xiv
4.4.1 Absence of Qualified Staff and Limited Material Resources for Forest Patrols at
the TFS...........................................................................................................................83
4.4.2 Corruption among Responsible Forest Protection Officials..................................85
4.4.3 Administrative Intervention with Efforts to Deal with Illegal Loggers................88
4.4.4 Deficiencies in Prosecution of Illegal Logging Practices......................................90
4.4.5 Inadequate Night Forest Patrols to Deter Mid-Night Illegal Logging Activities 92
4.4.6 Poor Cooperation between Some Forest Protection Stakeholders.........................93
4.4.7 Excessive Forest Dependency for Energy and Economic Gains...........................95
4.4.8 Lack of Commitment among Some Forest Officials.............................................97
4.5 Conclusion................................................................................................................98
CHAPTER FIVE........................................................................................................100
SUMMARY OF KEY FINDINGS, RECOMMENDATIONS AND

CONCLUSION...........................................................................................................100
5.1 Introduction.............................................................................................................100
5.2 Summary of Key Findings......................................................................................101
5.3 Recommendations...................................................................................................104
5.3.1 Recommendations to the Government.................................................................104
5.3.2 Recommendations to the Tanzania Forest Service Agency................................105
5.3.3 Recommendations to the Parliament...................................................................108
5.3.4 The Judiciary of Tanzania...................................................................................110
5.4 Conclusion..............................................................................................................110
REFERENCES...........................................................................................................113
APPENDICES.............................................................................................................129
xv
CHAPTER ONE
GENERAL INTRODUCTION
1.1 Introduction
Forests protection against illegal logging is an important agenda across the globe and in
countries endowed with forests. This is apparently due to the increase in illegal forest
activities. Tanzania is one of the countries richly endowed with forest ecosystems.1 The
country has a forest cover making up an area of roughly 45.7 million hectares equal to
51.64 per cent of the country’s land area. 2 This forest cover offers essential livelihoods
and environmental services. It harbours a disproportionate amount of the biodiversity,
regulate key aspects of the global carbon cycle, weather patterns, and contribute
directly to the national incomes and civilian livelihoods. 3 Nonetheless, subsistence and
business activities present threats on the future of forestlands. The highly cited threat is
illegal loggings,4 mainly because it distresses forests ecosystem, states’ economic well-
being and individual livelihoods.
The threat of illegal logging on nature and the economy has warranted appropriate
forests protection.5 Thus forests protection has become an international and
governmental concern.6 In the wake of the 20th century, with the advent of international
environmental law, the pressure for forests protection grew considerably. As a result,
1
Ntiyakunze, M. S. & Stage, J. (2022). Forest Dependence in Tanzania: Analysis of the Determinants of
Perceived Forest Dependence. Trees, Forests and People, Vol.8. pp.1-9. p.1.
2
Kamer, L. (2022). Extension of Tanzania’s Forested Area 2015-2020. Retrieved September 30, 2022
from the World Wide Web: https://www.statista.com/statistics/1286752/forest-area-in-tanzania/. See also
Trading Economics. (2022). Tanzania-Forest Area (% of Land Area). Retrieved September 20, 2022
from the World Wide Web: https://tradingeconomics.com/tanzania/forest-area-percent-of-land-area-wb-
data.html.
3
Oldekop, J. A. et al. (2020). Forest-linked Livelihoods in a Globalized World. Nature Plants
Perspective, Vol. 6. pp. 1400-1407. p.1400; see also Swamy, M. N. (2007). Textbook on Environmental
Law. 2nd ed. Hyderabad: S.P. Gogia Publishers. p.291.
4
Hermosilla, A. C. (2002). Law Compliance in the Forestry Sector: An Overview. World Bank Institute.
p.1.
5
Centre For International Forestry Research. (2003). National and International Policies to Control
Illegal Forest Activities. A Report Prepared for the Ministry of Foreign Affairs of the Government of
Japan. p.1. Retrieved August 24, 2022 from the World Wide Web:
https://www.cifor.org/publications/pdf_files/events/Illegal-logging.pdf.
6
Holder, J. & Lee, M. (2007). Environmental Law: Law and Policy. 2nd ed. London: Sweet & Maxwell.
p.57; see also Kapoor, S., (2009). International Environmental Law. 17th ed. Allabad: Central Law
Agency. p.411.
1
several international instruments were adopted including the Convention on
International Trade in Endangered Species of Wild Fauna and Flora (CITES), 7 the
United Nations Framework Convention on Climate Change (UNFCCC), 8 and the
Convention on Biological Diversity (CBD)9 among others. These instruments require
states to assume appropriate measures to protect forests. Being party to the CITES, 10
UNFCCC11 and CBD,12 Tanzania is imposed with obligations13 to ensure that the spirit
embodied under these instruments is fully realised.
As part of her actions toward protecting forests, Tanzania enacted the Forest Act in
2002.14 Among other things, the Act makes provisions on forest protection against
illegal loggings.15 Nonetheless, Tanzania is reportedly losing its forestland at an
alarming rate through, among other factors, illegal logging of forests. In this respect, it
is reported that the country is approximately losing between 300,000 and 500,000
hectors annually amidst the existing legal framework. 16 More than 70 percent of tree
cover loss is due to illegal logging.17 Therefore, drawing from the existing legal
framework in place, with escalation of illegal logging, this study was conducted to
examine the law and practice in protecting forests with a view to exploring legal and
practical challenges in curbing illegal logging of forests in Tanzania.
7
Convention on International Trade in Endangered Species of Wild Fauna and Flora, 14537 UNTS 993
(1973), entered into force on 1 July 1975.
8
United Nations Framework Convention on Climate Change, A/RES/48/189 (1992) entered into force
on 21 March 1994.
9
Convention on Biological Diversity 1760 UNTS 79, 31 ILM 818 (1992), entered into force on 29
December 1993.
10
The CITES was ratified on 29 November 1979.
11
The UNFCCC was ratified on 17 April 1996.
12
The CBD was ratified on 8 March 1996.
13
The CITES article VIII (1); the UNFCC articles 3 & 4 and the CBD article 6.
14
15
ibid, sections 84 (5), 89 and 93(1) (c).
16
Kairu, P. (2022). Africa’s Forest Cover Drops Despite Greater Efforts to Save Trees. Retrieved
October 1, 2022 from the World Wide Web: https://www.theeastafrican.co.ke/tea/science-health/-
3781926.
17
Ligami, C. (2019). In Tanzania, Ownership of the Forest Offers New Prospects for Old Loggers.
Retrieved February 19, from the World Wide Web:
https://www.climatechangenews.com/2019/10/15/tanzania-ownership-forest-offers-new-prospects-old-
loggers/.
2
1.2 Background to the Problem
Exploitation of forest resources has led to many environmental and economic concerns,
hence, attracted serious protective measures. Forests protection, in this regard, against
illegal loggings, has a long history, globally, regionally and country-wide. Globally, the
international community adopted various declarations, resolutions and conventions to
address forests protection. Notably, the Stockholm Declaration 18 marks the early legal
initiative. It upheld the principle of sustainable use of forest for the benefit of the
present and future generations.19 To ensure that the use of and trade on wild species is
sustainable, in 1973 the CITES was adopted with a view to regulating international
trade on endangered wild species including forest produces. Thus, in 1990s
international protection of natural resources, inclusive of forests started to be dealt with
internationally as an international agenda.20
Nevertheless, forests protection in particular was intensively addressed at the United

Nations Conference on Environment and Development (UNCED). 21 The aftermath of
the UNCED brought in the Rio Declaration,22 Forest Principles23 and Agenda 21.24
The Rio Declaration makes a general call for protection of natural resources. 25 On the
other hand, the Forest Principles provides for a comprehensive forest protection,
conservation and management principles. Agenda 21 calls for international research in
conservation of forests with a view to ascertaining related forest protection problems.26
18
Stockholm Declaration of the United Nations Conference on the Human Environment 1972 UN Doc.
A/CONF.Rev.1 11 ILM 1416.
19
ibid, principle 2. See also Sohn, L. B. (1973). The Stockholm Declaration on the Human Environment.
The Harvard International Law Journal. Vol. 14 (3). p. 423.
20
Kiss, A. & Shellor, D. (2003). International Environmental Law. 3rd Ed. Audsel: Transnational
Publishers. p.1.
21
United Nations Conference on Environment and Development, held at Rio de Janeio-Brazil from 3rd to
14th June 1992.
22
Rio Declaration on Environment and Development, UN Doc. A/CONF.151/26 (Vol.1) 31 ILM 874
(1992).
23
Non-Legally Binding Authoritative Statement of Principles for a Global Consensus on the
Management, Conservation and Sustainable Development of All Types of Forests (Forest Principles),
UNCED. A/CONF.151/6. (1992).
24
United Nations Conference on Environment and Development. Agenda 21.
25
The Rio Declaration, principle 23.
26
Agenda 21, principle 11.
3
It urges governments and non-governmental groups to increase forestlands and to
reduce as much as possible illegal harvest of forests. 27 However, amidst these
initiatives, the international community still witnessed deterioration of forestlands. The
National Academies of Science Engineering Medicine 28 reports that that up to 1992,
although Agenda 21 had acceptance of 178 countries, the progress towards achieving
its objectives was slower than anticipated. This report submits that population increase
and demand for food and energy was a driver for the increase in illegal harvest of
forests contrary to the spirit embodied under Agenda 21.
Another significant initiative at the UNCED was the adoption of the UNFCCC and
CBD. These instruments do not specifically prohibit illegal loggings, but employ
provisions urging state parties to assume appropriate measures to protect forests. 29 The
UNFCCC and CBD calls for consideration of climate change and ecological balance
respectively, in utilization of forest produces. In 1994, the United Nations Convention
to Combat Desertification (UNCCD) was adopted.30 The UNCCD provide that in
implementing the convention, national action programs should include measures to
conserve natural resources including forests.31 It requires assuming national action
programs relating to forestry among others.32 The sprit embodied under the UNCCD
points to increasing efforts in creating guiding rules on forest protection.
However, with these 1990s legal measures, the world forest cover has continued to be
under intense pressure. The Food and Agriculture Organisation (FAO) asserts that by
1990, the world had about 4,128 million hectares of forests but by 2015, the world
27
Agenda 21, principle 11.
28
National Academies of Science Engineering Medicine. (2002). Agenda 21 Implementation: Progress,
Challenges and Rule of Graphical Data. Retrieved August 25, 2022 from the World Wide Web:
https://www.nap.edu/read/10455/chapter/4.
29
The UNFCCC, art 8(c), the CBD art 6.
30
United Nations Convention to Combat Desertification in those Countries Experiencing Serious
Drought and/or Desertification, Particularly in Africa, Reg. No. 33480 UNTS Vol. 1954 (1994), entered
into force 26 December 1996.
31
ibid, article 8(3)(c).
32
ibid, article art 6(b).
4
forestland decreased to 3,999 million hectares. 33 With the international instruments in
place, the world lost equals to a change from 32.6 percentage of global forestland area
in 1990 to 30.6 percentage by 2015.34 Between 2010 and 2015 there was an annual loss
of 7.6 million hectares and an annual gain of 4.3 million hectares, resulting to a net
annual decrease of forestland areas of 3.3 million hectares. 35 The dramatic increase of
illegal logging at the time is connected to the increase in human activities and weak
enforcement of laws due to corruption practices among others.36
At the regional level, Africa has taken the matter of forests protection a serious
concern. The early initiative towards protection of forests in Africa was the 1993
adoption of the Convention Relative in Conservation of Flora and Fauna (CRCFF). 37
The CRCFF addressed forests protection in a wider view of ecological protection. The
CRCFF did not cover specific aspects of forests protections. As a result, the Africa
Convention on Conservation of Nature and Natural Resources (ACCNNR) replaced the
CRCFF.38 The ACCNNR protect forests destruction against bush fire, exploitation,
land clearing for cultivation and overgrazing. 39 To enhancing its effective
implementation, the ACCNNR require States to establish a single agency empowered
to deal with all matters covered in it.40
However, despite these efforts, illegal harvest of forests in Africa has ever since been in
increase. A report by the Ministerial Conference on the Protection of Forest in Europe
reveals that 50-80 percent of the timbers put on the market from States in Africa are of
33
Food and Agriculture Organization. (2015). Global Forest Resources Assessment: How the World’s
Forest Changing? 2nd Ed. Presented in Rome in 2016. p.3. Retrieved August 23, 2022 from the World
Wide Web: https://www.fao.org/3/i4793e/i4793e.pdf.
34
ibid.
35
ibid.
36
Tacconi, L. et al. (2019). Law Enforcement and Deforestation: Lessons for Indonesia from Brazil.
Forest Policy and Economics. Vol.108. pp.1-10.
37
Convention Relative in Conservation of Flora and Fauna 1933 (replaced).
38
Africa Convention on Conservation of Nature and Natural Resources, OAU Doc CAB/LEG/24.1
(1968), entered into force 16 June 1969.
39
ibid, article 6(1) (a-c).
40
ibid, article 4.
5
illegal origin.41 FAO observes further that illegal logging has resulted in conversion of
20,000 hectares of productive woodlands in southern parts of Africa.42 FAO asserts that
the situation is devastating since large areas have been stripped of tree cover through
illegal harvest. FAO considers that in most populated areas the rate of illegal logging is
seemingly high than in less densities. 43 FAO connects increasing illegal logging and
population increase that the latter is the exacerbating factor for the former. 44
In Tanzania, forests protection against illegal harvest has also a long history. State
control over forests was initially established in Tanganyika back in 1891 with the
advent of Germany.45 The aim was to protect forests from clearance both by settlers
and local inhabitants.46 Following the transfer of Tanganyika from Germany to British
control, the 1921 Forest Ordinance was passed by British government as the principal
forest legal rule. Lovett asserts that the 1921 Forest Ordinance placed restrictions in
access to, and use of forest resources. 47 These restrictions went contrary to the spirit of
the 1922 League of Nations Mandates to Tanganyika Territory which emphasized on
affording the natives of Tanganyika with the right to use and enjoy the land of the
territory.48 As a result the strict nature of the 1921 Forest Ordinance was later modified
to permit access to ‘natural fruits’ by amendments in 1926 and 1930. 49 However, the
restrictions were again restored following the enactment of the 1933 Forest Ordinance
41
Ministerial Conference on the Protection of Forest in Europe. (2007). Combating Illegal Harvesting
and Related Trade of Forest Products in Europe. A Report for the MCPFE Workshop held in Madrid-
Spain 2007. Retrieved September 20, 2022 from the World Wide Web:
https://unece.org/fileadmin/DAM/timber/publications/State_of_europes_forests_2007.pdf.
42
ibid.
43
Food and Agriculture Organization. (2015). Southern Africa’s Forests and People: Investing in a
Sustainable Future: Successes, Challenges and Way Forward, a Report Released in the XIV World
Forest Congress in Durban-South Africa. Retrieved September 20, 2022 from the World Wide Web:
https://www.fao.org/africa/news/detail-news/en/c/289264/.
44
ibid.
45
Lovett, J. C. (2003). The Forest Act, 2002 (Tanzania). Journal of African Law. Vol.47(1). pp.133-135.
p.133.
46
ibid.
47
ibid.
48
ibid.
49
ibid, p.134.
6
meant to protect forests for water catchments and preventing forests loss from fire and
grazing.
The 1933 Forest Ordinance did not sufficiently capture forests protection patterns; as a
result, it was later replaced by the 1957 Forest Ordinance. 50 The Ordinance strictly
prohibited dealing with forests without valid licences. 51 It prohibited illegal entrance to
forests for cutting, removing or taking into possession or damage forests produces.52 To
enhance compliance with this requirement, these dealings were condemned offences. It
extended liability to whoever enters possession of forest produces without licence. This
was also an offence under the Ordinance.53 Lovett asserts that although the Ordinance
was a protective legal instrument against illegal loggings, yet it did not successfully
secure forests related problems as it was expected.54
After independence, the Forest Ordinance continued to operate until 2002. Nonetheless,
within this time of its operation, policies were made addressing the growing need to
protect forests. In 1997, the National Environmental Policy was made. 55 It
acknowledged the escalation of the country’s forest loss. 56 Consequently, it outlined
potential practices to put in place for effective forests protection. 57 This policy was
replaced by the National Environmental Policy of 2021 which addresses forest
protection in a relatively similar way.58 The specific National Forest Policy was made
in 1998.59 Among other things, it acknowledged a need to protect forests, urging
50
Forest Ordinance, 1957, Cap. 386 of 1957.
51
ibid, section 15.
52
ibid.
53
ibid, section 22.
54
Lovett, J. C. (2003). Tanzania Forest Law’ in Grey, C. K. R. (eds), International Environmental Law
and Policy in Africa. The Hague: Kluwer Law International Publishers.
55
The United Republic of Tanzania. (1997). National Environmental Policy. Vice President’s Office.
(Repealed).
56
ibid, policy statement 12(vi).
57
ibid, policy statement 59.
58
59
The United Republic of Tanzania. (1998). National Forest Policy. Government Printers, Dar es Salaam
Tanzania.
7
designing a comprehensive legal framework in this regard. 60 As a result, in 2002 the
Forest Act61 was made.
The Forest Act constitutes well-framed forests protection provisions. It criminalises

unlawful taking possession or receiving forests produce. It makes it an offence for any
person, without permit or lawful authority to enter into forest reserves, destroy or
remove trees.62 This provision, literally, protects forests against illegal harvest. On
conviction, a person may be fined or sent to prison or both. 63 Similarly, the Forest Act
makes it an offence to trade in forest produces. 64 This offence attracts a relatively stiff
punishment. It imposes a fine of three times of market value of the illegally harvested
forest produce or imprisonment of a term up to seven years.65
However, despite the forest legal framework in place, the result is reverse. Makero and
Malimbwi66 argue that, illegal harvest has been in increase in Tanzania regardless of
the law in place. The new cut in each calendar year is almost two times higher than the
old cut in a preceding year.67 This signifies increase in the magnitude of illegal harvests
in Tanzania. FAO asserts that through illegal harvest of forest produces, among other,
Tanzania loses forests at a rate of 300,000 and 500,000 hectares per annum.68 However,
more than 70 percent of tree cover loss is due to illegal logging. 69 Therefore, drawing
from the existing legal framework in place, with escalation of illegal logging, this study
was conducted to examine the law and practice in protecting forests with a view to
explore legal and practical challenges in curbing illegal logging of forests in Tanzania.
60
The United Republic of Tanzania. (1998). National Forest Policy. Government Printers, Dar es Salaam
Tanzania, policy statement 4.1.
61
62
The Forest Act, [Cap. 323 R.E. 2002], section 84 (1).
63
ibid, section 84 (5).
64
ibid, section 89.
65
ibid, section 89, as amended by the Written Laws (Miscellaneous Amendment) (No.2) Act, 2016, Act
No.4 of 2016, section 29.
66
Makero, J. S. & Malimbwi, R.E. (2012). Extent of Illegal Harvest on Availability of Timber Species in
Forest Reserves Tanzania. International Forest Review. Vol.14(2). pp.176-183.
67
ibid.
68
Food and Agriculture Organization. (2015). Loc. cit. See also Kairu, P. (2022). Africa’s Forest Cover
Drops despite Greater Efforts to Save Trees. Retrieved December 20, from the World Wide Web:
https://www.theeastafrican.co.ke/tea/science-health/-3781926.
69
Ligami, C. (2019). Loc. cit.
8
1.3 Statement of the Problem
Illegal logging is a global issue affecting both developing and developed countries. 70 It
deprives governments of important revenues, it is responsible for climate change, and
threatens forest ecosystem services, biodiversity and welfare of forest resources’
dependents.71 The issue has been gaining prominence in international and national
spheres. The international community and individual states72 have taken legal measures
to address the matter.73 Tanzania in particular has assumed international obligations
from, among others, the CITES, UNCCD, UNFCCC and CBD by enacting the Forest
Act.74 The Act prohibits and incriminates illegal logging of forest practices including
illegal harvesting, transporting, receiving, possessing and trading in forests produce, 75
prescribing severe punishments thereof.76
Despite the efforts to combat illegal logging, studies indicate that the problem remains
widespread.77 Tanzania loses between 300,000 to 500,000 hectares of forests annually
78 out of the 45.7 million hectares of the country’s forest land area. 79 Between 2001
and 2021, Tanzania lost about 2.86 million hectares of its forest land.80 Reports show
70
Bosch, M. (2021). Institutional Quality, Economic Development and Illegal Logging: A Quantitative
Cross-National Analysis. European Journal of Forest Research. Vol. 140. pp. 1049-1064. See also
Congressional Research Service. (2019). International Illegal Logging: Background and Issues.
Retrieved December 4, 2022 from the World Wide Web: https://sgp.fas.org/crs/misc/IF11114.pdf.
71
ibid.
72
For instance, Indonesia, Brazil, South Africa, Kenya and Tanzania to mention a few.
73
These include adopting several international instruments such as CITES, UNCCD, UNFCC and CBD;
and, establishing illegal logging deterring programmes such as Forest Stewardship Council (FSC), and
the work under United Nations Office on Drugs and Crimes.
74
[Cap. 323 R.E. 2002].
75
ibid, sections 49, 58, 84, 88 and 89.
76
Including fine of three times of market value of the forest produces, imprisonment terms of up to seven
years and, seizure of boats, airplane, vehicles, machineries or other equipment used in illegal loggings
chain. See the Forest Act, [Cap.323 R.E. 2002], sections 93(1)(c) and 89 as amended by the Written
Laws (Miscellaneous Amendment) (No.2) Act, No.4 of 2016, section 29.
77
United Republic of Tanzania. (2021). Ministry of Natural Resources and Tourism Strategic Plan
2021/22-2025/2026. p.28. See also United Republic of Tanzania. (2021). National Forest Policy
Implementation Strategy 2021-2031. (MNRT 2021). p.4.
78
Kairu, P. (2022) Loc. cit. see also Makunga, J.E. & Misana, S.B. (2017). The Existent and Drivers of
Forest Degradation in Tanzania. Open Journal of Forestry. Vol.7. pp.285-305.
79
Kamer, L. (2022). Loc. cit.
80
Global Forest Watch. (2023). ‘Components of Net Change in Tree Cover in Tanzania.’ Retrieved
February 19, 2023 from the World Wide Web:
https://www.globalforestwatch.org/dashboards/country/TZA/14/4/.
9
that such loss is due to climate change, farming, settlement and illegal logging. 81
However, the most of all is illegal logging. It is reported that illegal logging account for
70 percent of the forest loss and therefore making it the highest causative of the forest
loss.82 This has resulted into biodiversity loss, climate change, disruption of livelihoods
and loss of government revenues.83 Therefore, drawing from the existing legal
framework in place, with escalation of illegal logging, this study was conducted to
examine the law and practice in protecting forests with a view to exploring legal and
practical challenges in curbing illegal logging of forests in Tanzania.
1.4 Research Objectives

This study had one general objective and three specific objectives as follows: -
1.4.1 General Objective

The general objective of this study was to examine the law and practice in protecting
forests against illegal logging in Tanzania.
1.4.2 Specific Objectives

The specific objectives of this study were:
a) To examine the existing legal framework relating to forests protection in

relation to curbing illegal logging.
b) To identify legal and practical challenges in protecting forests against illegal
logging in Tanzania.
81
United Republic of Tanzania. (2021). Loc. cit. See also Talvela, K. (2019) Evaluation of the
Agriculture, Rural Development and Forest Sector Programmes in Africa: Country Report, Tanzania.
p.15. Retrieved June 17, 2023 from World Wide Web:
https://um.fi/documents/384998/0/ARDF+Evaluation_Country+Report+TANZANIA.pdf/460fcaf8-
54ed-7241-e712-a877103e5e96?t=1569774660922.
82
Food and Agriculture Organization. (2020). The State of the World’s Forests: Forests, Diversity and
the People. Retrieved June 17, 2023 from World Wide Web:
https://www.fao.org/3/ca8642en/ca8642en.pdf. See Ligami, C. (2019) Loc. cit. See also The United
Republic of Tanzania. (2015). A Forest Inventory by the Tanzania Forest Service Agency. Report by
Tanzania Forest Service Agency. Retrieved September 28, 2022 from the World Wide Web:
http://news.mongabay.com/2016/10.
83
Kimeu, C. (2022). ‘Means of Survival’: Tanzania Booming Charcoal Trade Drivers Unchecked
Deforestation. Retrieved February 19, 2023 from the World Wide Web:
https://www.theguardian.com/global-development/2022/.
10
c) To explore measures to strengthen the protection of forests from illegal logging.
1.5 Research Questions

The following research questions guided this study:
a) What does the existing legal framework relating to forests protection provide in
relation to curbing illegal logging?
b) What are the legal and practical challenges in protecting forests against illegal
logging in Tanzania?
c) What measures should be put in place to strengthen the protection of forests
from illegal logging?
1.6 Significance of the Study

This study is significant in a number of ways: in the first place, it examines the law and
practice in respect of forests protection against illegal logging in Tanzania. Drawing
from available statistics which depicts escalation of illegal logging of forests, the study
explores responsible legal and practical challenges. Consequently, it adds to the stock
of literature on efficacy of the forest legal framework and challenges impeding
protection of forests against illegal loggings in Tanzania Mainland.
Furthermore, this study is significant since it explores measures to strengthen forests

protection and, consequently to address illegal logging. On the one hand, the study
contributes to the law reform, as it recommends legislative revisiting with a view to
addressing legal challenges in curbing illegal logging. On the other hand, the study
informs law implementers of the best can be done to effectively implement the existing
forest legal regime. Hence, addressing practical challenges in curbing illegal logging.
1.7 Scope of the Study

This study focused on examination of the law and practice in protecting forests against
illegal logging in Tanzania. Specifically, the study examined the law relevant to
protection of forests in Tanzania with a view to establishing their efficacy in combating
11
illegal logging of forests. On this basis, it explored the factors hindering forest
protection, the result of which illegal logging has been in increase dramatically.
Geographical delimitation of the study was Tanzania mainland. The specific locality
was Morogoro Region. The reasons were that, Morogoro is one of the leading forested
land regions in Tanzania.84 In addition, Morogoro is one among the regions with high
change of tree cover due to illegal logging of forests among other drivers. 85 Similarly,
the region is located near the major and growing city of Dodoma as well as Tanzania’s
commercial hub Dar es Salaam which are not richly endowed with forests; hence,
illegal harvest for feeding the neighbouring cities for energy and building materials is
high.
1.8 Literature Review

Various authors have written on forest protection against illegal logging in developing
and developed countries. The major focus of such authors has been on the state of
illegal logging while the question of law viz a viz impact has attracted a little attention
of environmental and natural resources scholars. The main departure of this study is its
focus to examine the reasons why the laws are not adequately translated into actions.
Scholars have reflected the problem of implementation of law and hardships the
countries are facing especially in implementing existing laws in protecting natural
resources, forests in particular. However, the reasons why laws are not adequately
translated into actions do not feature sufficiently. Therefore, this study analyses
literature covering the areas of forest protection with documented texts on efficacy of
laws in protecting forests against illegal loggings.
Authors on forest protection agree that the international community as well as

individual states have taken some measures in varying degrees to provide legal
framework to protect forests. However, the legal frameworks have not been translated
84
The Morogoro Region has a total land area of 4,190.663 ha of which 330, 277 ha which is equivalent
to 9.7 percent are covered by forest. See United Republic of Tanzania. (2020). ‘Morogoro Region
Social- Economic Profile 2020. (National Bureau of Statistics & Ministry of Finance and Planning
2020). p. 69. 85 Global Forest Watch. (2023). Loc. cit.
12
into tangible results in relation to protection of forests. Translating such legal
framework in curbing forest related problems has remained unattended. 86 Lesniewska
is of the view that there is no doubt with existence of good laws but the doubt is on the
question of results countries are facing.87
An increase in illegal logging is generally appreciated in Tanzania. Lovett, who wrote

on the situation in 2003 a year after the passing of the Forest Act, argues that illegal
logging has been in increase while deterrence is insufficient. 88 Seemingly, the
challenges have not been addressed. A decade later, Makero and Malimbwi are writing
arguing that illegal harvest has been on increase in Tanzania regardless of the law in
place.89 The authors argue that the new cut in each calendar year is almost two times
higher than the old cut in a preceding year. Despite legislative measures in place to
combat illegal logging, reports indicate that the problem remains widespread. 90
Although the escalation of illegal logging is generally acknowledged, challenges for
combating illegal loggings in Tanzania are not sufficiently documented.
86
For instance, Lesniewska F. (2005). An Introductory Guide to International Forest and Forest Related
Legal Materials that Shape Forest Ethics and Practice. A Discussion Paper to International Institute for
Environment and the Development; Lovett, J. C. (2003). ‘Tanzania Forest Law’ in Grey, C. K. R. (eds),
International Environmental Law and Policy in Africa. The Hague: Kluwer Law International
Publishers; Makero, J. S. & Malimbwi, R.E. (2012). Extent of Illegal Harvest on Availability of Timber
Species in Forest Reserves Tanzania. International Forest Review. Vol.14 (2). Pp.176-183; Hirakuri, S.
R. (2003). Can Law Save the Forest? Lessons from Finland and Brazil. The Centre for International
Forest Research; The International Union for Conservation of Nature. (2011). Forest: A Legal Challenge.
Report by the IUCN Forest Conservation Program Newsletter. Issue 44; Akella, A. S. & Cannon, J. B.
(2004). Strengthening the Weakest Links: Strategies for Improving the Enforcement of Environmental
Laws Gloxbally; Philippe, S. (2008). Principles of International Fundamental Law. 2nd Ed. London:
Cambridge University Press.
87
Lesniewska F. (2005). An Introductory Guide to International Forest and Forest Related Legal
Materials that Shape Forest Ethics and Practice. A Discussion Paper to International Institute for
Environment and the Development. p.11. Retrieved October 10, 2022 from the World Wide Web:
http://file:///C:/Users/Upendo/0forests2.pdf.
88
Lovett, J. C. (2003). ‘Tanzania Forest Law’ in Grey, C. K. R. (eds), International Environmental Law
and Policy in Africa. The Hague: Kluwer Law International Publishers.
89
Makero, J. S. & Malimbwi, R.E. (2012). Extent of Illegal Harvest on Availability of Timber Species in
Forest Reserves Tanzania. International Forest Review. Vol.14 (2). Pp.176-183.
90
United Republic of Tanzania. (2021). Ministry of Natural Resources and Tourism Strategic Plan
2021/22-2025/2026, p.28; see also United Republic of Tanzania. (2021). National Forest Policy
Implementation Strategy 2021-2031. (MNRT 2021). p.4.
13
Illegal logging is also encountered in other countries. Writing on the situation in
Finland and Brazil, with the specific focus on Amazon forests, Hirakuri 91 argues that
forests are still threatened by unsustainable logging practices. The author submits that
in presence of laws embodying forest protection principles, increasing illegal loggings
is associated with the extent to which forest laws are implemented. In the authors’
view, low compliances with the existing laws rather than lacking of laws, is becoming
the often-leading cause for unsustainable forests practices. Although Hirakuri wrote in
Finland and Brazil, the literature is useful as it informs on how the problem which this
study addresses is persisting. Similarly, the author unveils that increasing illegal
loggings is associated with implementation situation, which could also be relevant in
Tanzania. As the International Union for Conservation of Nature 92 depicts, many
countries still follow a narrow compliance-based approach, hence having endless
struggle against forests crime.
In the same spirit, Akella and Cannon93 have addressed translating laws into actions.
They are of the view that, increasing illegal logging amidst protective laws in place
points to the fact that there is a problem with implementation of the existing law.
Commenting on the consequences of this phenomenon, they submit that, poor
implementation in the environmental realm, affects adversely the world as mechanisms
of ensuring implementation of the law are still in question. The authors however argue
that, although weak implementation is generally acknowledged, the wide underlying
cause of this weakness is often not understood. This adds credit to the aim of this study,
as it intends to explore factors hindering translating the existing laws to curbing illegal
logging of forests.
91
Hirakuri, S. R. (2003). Can Law Save the Forest? Lessons from Finland and Brazil. The Centre for
International Forest Research. Retrieved October 10, 2022 from the World Wide Web:
http://www.cifor.cgiarorg.
92
The International Union for Conservation of Nature. (2011). Forest: A Legal Challenge. Report by the
IUCN Forest Conservation Program Newsletter. Issue 44. Retrieved October 10, 2022 from the World
Wide Web: http://www.iucn.org/forest/law.
93
Akella, A. S. & Cannon, J. B. (2004). Strengthening the Weakest Links: Strategies for Improving the
Enforcement of Environmental Laws Globally. A report submitted in a Centre for Conservation and
Government at Conservation International (CI).
14
Similarly, Philippe94 observes that implementation of environmental and forest laws
have not been done satisfactorily. The author argues that states have not done its
segment well. He asserts that generally states have primary and essential rule in
implementing rules of international environmental law including inter alia forest law.
Philippe informs this study in a number of ways. He submits the concern on
inadequacy in implementing forest laws the result of which forest lands are set in
pressure of illegal harvests. Again, the author presents somewhat essential in
addressing set-backs in enforcing existing law. The author engages the state to this
struggle. Philippe validates this study in a way that; since impediment in enforcing
forest law is acknowledge, a study needs to be conducted to ascertain the reasons
behind.
Arguments by Philippe are supported by Tarimo who addresses the same question
significantly in the context of Tanzania. 95 Tarimo argues that given the fact that
reducing illegal exploitation of forests resources is a primary concern especially in
most protected areas, the government of Tanzania should assume the responsibility to
enhance effective enforcement of forest laws. He adds that, the government should
share this responsibility with local communities and law enforcement as a means of
increasing equity, sustainability and to reduce illegal harvest of forests resource.
Tarimo’s work informs this study in a number of ways. He submits that, despite the
laws in place yet forests are illegally harvested. Tarimo observes that, the chain of law
enforcement in respect of detecting, arresting, prosecuting, convicting and punishing
has not been effective so that to reduce illegal activities in forests. Tarimo’s work is
very important in this study simply because it points to the problem under investigation
and suggest the reasons for the existing problem. However, the general findings of the
author were submitted several years ago, therefore this study remains valid today.
94
Philippe, S. (2008). Principles of International Fundamental Law. 2nd Ed. London: Cambridge
University Press. pp.171-182.
95
Tarimo, C. (2016). Effectiveness of Law Enforcement in Wild Life and Forest Resources
Management: A case study of JUHIBU and JUHIBEKO, Tanzania. A Dissertation Submitted for partial
Fulfilment of Master’s Degree of Science in Environmental and Resource Economics. Sokoine
University of Agriculture. Morogoro-Tanzania.
15
Another line of arguments points to the better practices to ensure that legal frameworks
in place are realized in protecting forests against illegal logging. FAO96 reports that
along with identifying ways to build strong institutional capacity as to foster better law
implementation and compliance, it is better to think of having good practice to develop
sound legal and institutional framework and clear provisions so as to reduce illegal and
corrupt operations in the forests sector. It submits that there should be clarity,
transparency and consistency of forests and forest related legislation so as to ensure
that laws bring impacts. FAO urges that ensuring law making participatory approach
will promote transparency and reduce corruption and enhance the capacity of the
judiciary to act effectively on forest law matters. This report is very useful in this study
since it hints on the best practices to enhance efficiency of the law in protecting forests.
It argues on good legislation, a reasonably functioning judiciary, protecting legal rights
of stakeholder and to ensure that laws do not contradict each other.
Sola97 adds to what FAO asserts in this regard. The author asserts that presence of the
clear policy framework, consistence and transparent legislation is prerequisite to serve
a guide towards realizing the impacts of the laws. If the legal framework is weak,
inconsistent, contradictory, overlapping jurisdiction and complicated to understand, it
will ultimately result to non-compliance. The author submits that to have effective
implementation; there should be a good system which holds lawbreakers accountable,
credible penalties and a just legal system. There should be participatory forest
legislation reforms, improving system and capacity of administrative process, reducing
aspect of bureaucracy and making simple procedures as well as developing
implementation strategies basing on the rigorous assessment.
This literature is important in this study since it argues in line with the focus of this
research. The author points out some best practices to enhance efficacy of forest laws
in protecting forests against illegal loggings. The author suggests that implementation
96
Food and Agriculture Organisation. (2004). Best Practices for Improving Law Compliance in Forest
Sector. Retrieved October 10, 2022 from the World Wide Web: http://www.fao.org.
97
Sola, P. (2011). Forest Law Enforcement and Governance and Trade in the Southern Africa
Development Community (SADC): African Forest Forum (AFF). Working Paper Service. Vol.1(9).
16
of forest laws, calls for administrative organizations of forests control. There should be
frequently forest field inspection to weigh the laws in forest and the results in practice.
The author submits that lack of personal and training in forest protection, lack of
sustainable governmental institution, lack of institutional coordination and lack of
adequate financial resources posed difficulties in implementation of laws to cure the
forest resources against illegal harvesting. What has been written by the author is the
intention of this research as it gives factors for unsatisfactory results of forests legal
frameworks. The author calls for further attention to be given on factors leading to
failure of implementation of forest laws, that there should be frequent forest field
inspection to weigh the laws in forests and the results in practice. Nonetheless, this
literature addressed the situation in the whole of the Southern Africa Development
Community. Therefore, this study remains valid to explore the current state in
Tanzania.
The above reviewed literature adds to the knowledge relevant to this study. The current
review reflects the legal and practical issues in protecting forests against illegal
logging. Although some literature focused on foreign jurisdictions, the knowledge they
have disseminated informs this study and therefore forms a yardstick through which the
situation in the country was viewed. Based on the literature reviewed, there is a gap of
knowledge, especially on the reasons for impediment of laws in curbing forests against
illegal harvest.
1.9 Research Methodology

1.9.1 Type of Study
This study is both doctrinal and non-doctrinal. The doctrinal aspect involved review of
legal texts and other public and scholarly documents. Non-doctrinal aspect involved
collection of data from field respondents through in-depth interviews.
1.9.2 Research Design and Approach

This study employed exploratory research design and qualitative approach. Exploratory
research design was employed since this study aimed to explore the unknown reasons
17
for increasing illegal loggings amidst the legal framework in place. Authors arguing for
explorative research design opine that this design is suitable in studies seeking to
answer a question or to address a phenomenon. 98 Since this study questions the legal
and practical challenges in protecting forests against illegal logging in Tanzania,
exploratory research design was suitable to answer the question.
1.9.3 Study Population

The study population involved government officials from forest departments, forest law
enforcement and implementation agencies, legal practitioners, non-governmental
organisations dealing with natural resources managements, forest produce traders, local
leaders and ordinary citizens across the study area. This population was selected basing
on the reason that the named population constitutes members who are directly involved
in the chain of illegal logging either as protectors, law enforcers, or dealers.
1.9.4 Sample Size and Sampling Methods

A sample size of thirty-five (35) respondents was selected through purposive sampling
and simple random sampling methods. Purposive sampling was employed to
government officials, law enforcement machineries, non-governmental and
community-based organizations, forest dealers and local leaders. This is because every
sample was expected to possesses certain information likely not to be obtained from the
others. Simple random sampling was employed to citizens living adjacent to forests
since whoever selected could provide the same information. The selected sample
included five (5) government officials from Forest and Beekeeping Division (FBD) of
the Ministry of Natural Resources and Tourism (MNRT); three (3) officials from
Tanzania Forest Service (TFS) Agency, one (1) official from Tanzania Forest Fund
(TaFF) and one (1) legal officer from Tanzania Forest Research Institute (TAFORI). 99
In addition, six (6) officials from forest law enforcement, implementation and
98
Singh, A. (2021). An Introduction to Experimental and Exploratory Research. SSRN Electronic
Journal. Vol.10. p.2.
99
TFS officers are selected on the basis that this agency is mandated to managing the Natural Forests
Reserves, Forest in unprotected areas and Plantations. Therefore, they are custodian of reports on tree
cover change due to illegal loggings among others. TaFF and TAFORI are corresponding funding and
research institutions of the FBD respectively, hence knowledgeable on the subject.
18
interpretation in the following distribution; two (2) forest patrol officers, two (2) public
prosecutors with experience in prosecuting illegal forest dealing crimes and two (2)
magistrates were interviewed. Further, two (2) advocates with experience in
representing clients charged with forest illegal dealings were also interviewed with a
view to obtaining data on often defences by illegal loggers. Furthermore, one (1) non-
governmental organisation and one (1) community-based organisation dealing with
natural resources management; five (5) forest produce traders; five (5) local leaders
including two Village Chairpersons; two Village Executive Officers (VEOs) and one
Ward Executive Officer (WEO)100 and ten (10) citizens living adjacent to forest areas.101
1.9.5 Sources of Data

This study involved both primary and secondary sources of data. The primary source of
data was field respondents and data collected from legal instruments. Since this study is
both doctrinal and non-doctrinal, both legal texts and field respondents served as
primary sources of data in this study. The secondary sources of data involved various
relevant documented materials accessed from Mzumbe University Library, Forest
Research Institutes and, electronic resources.
1.9.6 Methods of Data Collection

The methods of data collection used in this study included documentary review and in-
depth interviews. Documentary review was selected so as to inform the study while
interviews were used to verify and supplement data from documentary review. Detailed
information on the selection and use of these methods of data collection is explained
herein below:
100
The selection of local leaders around forested areas is based on the view that they are mandated with
forest protection roles including checking on forest dealers’ licences in forests under their management.
101
The selection of community members around forested areas is based on the view that they are
mandated with protective roles. Again, they can give information which could not be obtained from their
local leaders, especially information implicating the leaders.
19
1.9.6.1 Documentary Review
This method included review of the domestic and international legal instruments and
case law. It also included review of international binding and non-binding instruments
on forests protection and other international and national available official records
through content analysis. Similarly, scholarly works including journal articles and
reports were reviewed.
1.9.6.2 Interview
This study employed in-depth semi-structured interviews conducted face-to-face and
through telephone. Employing this method was necessary so as to collect detailed
information from field respondents. This is because, the method allows a great
flexibility on the party of interviewer. It is commonly used in collection of qualitative
data since the researcher only needs to outline headings or topics or sub-topics to test
themes or sub-themes of the study. Hence, it enables a wide range of discussion. In
such a way, original and realistic data was collected on practical challenges in curbing
illegal logging of forests in Mailand Tanzania.
The interviewees were officials from the TFS, TaFF, a legal officer from TAFORI,
State Attorneys, Advocates, members from non-governmental organizations and
community-based organizations, local leaders and citizens living adjacent to forest
areas. Interviews were conducted through mixed ways including face-to-face and
phone interviews. Interviews guides were prepared and used in that process. Interviews
were recorded through note taking and recording after seeking the respondents’
consent.
1.9.7 Instruments of Data Collection

The instruments of data collection for this study were interview guides, interviews
recording tools and checklists for documentary review. Interview guides were prepared
in respect of respondents’ categories with specific targeted specific information from
respective category of respondents. Then, they were used to collect field data.
Interview recording tools and computer for gathering, storing and processing collected
20
data were prepared and used for such purposes. The checklists for documentary review
guided reviewing relevant legal texts and scholarly works.
1.10 Data Analysis and Data Interpretation

Both primary and secondary data were qualitatively analysed. Analysis of documentary
data employed content analysis. Data from field respondents were converted into
comprehensive notes against every theme and analysed through thematic analysis. The
analysed primary and secondary data were evaluated and interpreted according to the
research questions to meet research objectives.
1.11 Limitation of the Study

The major limitation of this study was busy schedules of most of targeted respondents,
especially governmental officials. As a result, the researcher could not obtain data
timely. The researcher overcame this limitation by employing phone interviews
whenever it became inconvenient to conduct face-to-face interviews.
1.12 Ethical Considerations

The researcher observed research ethical values in dealing with field respondents and
presentation of data collected through documentary review. During data collection
from field respondents the researcher introduced himself and submitted introduction
letter to responsible authorities. The researcher ensured that respondents freely consent
to participate. The researcher addressed the respondents that their decision to give
information is free and, that they are not under obligation to do so, especially in areas
where leaders assisted the researcher to obtain respondents. Before collecting data, the
purpose for collecting data was clearly articulated to the respondents that it is only for
academic use and not else. In dealing with data obtained through documentary review,
the researcher avoided plagiarism through keen paraphrasing and acknowledgement of
all sources referred to in writing this report. Similarly, during analysis and reporting
findings, confidentiality, anonymity, impartiality, honesty and objectivity were
observed.
21
1.13 Conclusion
The chapter covered several aspects including background to the problem, statement of
the problem, research objectives and research questions guided this study. It has
depicted that conducting this study was all significant since it explored the unknown to
known in respect of escalation of illegal logging of forests amidst the legal regime in
place. This is justified by review of literature, which depicts the gaps, especially on
reasons for impediment of laws in curbing forests against illegal logging. Thus,
conducting an exploratory study became necessary. This chapter has similarly depicted
the methodologies used in conducting this study. The next chapter covers the
conceptual framework of the study.
22
CHAPTER TWO
CONCEPTUAL FRAMEWORK OF THE
STUDY
2.1 Introduction
The present study is headed by a title bearing two major themes; protection of forests
against illegal logging on the one hand and an examination of the law and practice on
the other hand. The study examines the efficiency of the forest legal regime in curbing
illegal logging, having informed by the practical situation which suggests increasing
illegal logging of forests in Tanzania. Whereas the efficacy of law is determined by
strengths attached to the legal regime, its impact is expectedly sound forests protection
against illegal and unsustainable logging. This study, therefore, is impact prompted. It
analyses the strengths of the forest legal regime in Tanzania and questions the
increasing trend of illegal logging amidst the legal regime in place. This study involves
several concepts which are relevant in examining the implication of the said legal
regime in curbing illegal logging in Tanzania. For such reason, this chapter focuses on
conceptualization and operationalization of key concepts relevant in such examination
and their relationships for the purpose of this study. The key concepts include; forest,
forest protection, illegal logging, the relationship between forest legal regime and the
actual forest protection situation and the concept of legal and practical challenges as
used in this study. The concepts and their relationships are herein under discussed.
2.2 Forest
Epistemologically, the term forest comes from a Latin word foris that means ‘out of
doors.’102 However, conceptual understanding of this term differs from region to
region, country to country since it is determined by among other things, management
objectives, land use, vegetational type, composition and altitude. 103 Nonetheless, the
term forest is habitually understood as a dense growth of trees and shrubs covering a
102
Lund, G. (2015). Forest Classification: A Definitional Quagmire. Retrieved December 5, 2022 from
the World Wide Web: https://www.researchgate.net/publication/280947351.
103
Lund, G. (2014). What is a Forest? Definitions Do Make a Difference: An Example from Turkey.
23
Avrasya Terim Dergisi. Vol. 2(1). pp. 1-8.
24
large area.104 Descriptively, forest is viewed as an ecosystem composed of trees, with
myriad forms of biological diversity, a home for indigenous people, a repository for
carbon storage, a source of multiple ecosystem services and social-ecological
systems.105 As of its constitutive significances, the global understanding of the concept
consider forests at the centre of major environmental and developmental issues to
include conservation of biological diversity, climate change, food security, sustainable
livelihoods, recreation for enhanced quality of life and offering a wide range of goods
including timber, energy and non-wood forest products.106
In Tanzania, the concept of forest is statutorily crafted as an area of land with at least
ten percentage of tree crown cover naturally grown or planted and or fifty percent or
more shrub and tree genetic cover.107 This statutory construction considers forests from
a land use perspective as well as nature and density of tree cover. Under the National
Forest Policy,108 forest means all lands bearing vegetation association dominated by
trees of size exploitable or not and capable of producing wood or other products of
exerting influence on the climate or water regime or providing shelter to livestock and
wildlife. A detailed understanding of the concept forest in Tanzania can be understood
considering forest categorization in the country.
Forests are broadly categorized into two forms: Natural Forests and Plantation or
Manmade Forests.109 Natural forests comprises of all forests that are naturally
growing.110 These forests are making the enormous portion of the country’s forest
104
Venkateswarlu, D. Definition of Forests – A Review. Retrieved December 5, 2022 from the World
Wide Web: https://data.net.
105
Chazdon, R. L. et al. (2016). When is a Forest a Forest? Forest Concepts and Definitions in the Error
of Forest and Landscape Restoration. Open Access. Vol. 45. pp.538-550. p.538.
106
Persson, R. and Holmgren, P. (2018). Evolution and Prospects of Global Forest Assessment: Global
Forest Assessments Move Towards the Goal of Addressing a Full Range of Benefits from Forests and
Tree Resources. Forest Assessment and Monitoring. Vol. 12(20). pp.10-25.
107
The Forest Act, [Cap. 323 R.E. 2002], section 2.
108
The United Republic of Tanzania. (1998). National Forest Policy. Government Printers, Dar es
Salaam Tanzania.
109
The United Republic of Tanzania. (2009). Fourth National Report on Implementation of Convention
on Biological Diversity (CBD). Vice President’s Office: Division of Environment. p.15. Retrieved
December 5, 2022 from the World Wide Web: http://www.win2pdf.om.
110
ibid.
25
land.111 Plantation forests are comprised of manmade forests which are making a lesser
portion of the country’s forest land.112
Natural forests found in the country are also grouped into three categories. The first
category is Miombo Woodland Forests which are arguably the most extensive and
covers a large part of the forest area in Tanzania. 113 Miombo woodland makes about 20
million hectors of the country’s natural forest land. 114 They highly cover Kigoma
Region, areas around Lake Rukwa and the great part of Morogoro Region. 115 The
second category is Mountainous Forests. These make about 2 million hectors of the
country’s forest land. They highly cover the Eastern Arc Mountains Forest, Uluguru
Mountain in Morogoro Region and the slopes of Kilimanjaro and Meru Mountains in
Kilimanjaro and Arusha Regions respectively. 116 The last category is Mangrove
Forests. They highly cover coastal areas in Tanzania. The highest and leading
Mangrove growing regions are Rufiji, Tanga and Mtwara.117
This study covers natural forests. In context, as used in this study, the term forest
connotes naturally growing forests. Although illegal logging can be effected in both
natural and manmade forests, in this study, attention is drawn into naturally growing
forests. The spirit behind this adoption is that, serve for environmental interests, most
governmental interests toward forest protection are directed into naturally growing
forests. In most cases, they are owned by the state as forest reserves. In the same vein,
legal interventions are highly, though not absolutely, directed towards natural forests.
In fact, manmade forests are in most cases privately owned. Individuals, groups and
companies owning manmade forests they often abide with laws and regulations,
especially during harvesting. In most cases, natural forests are subjected to illegal
111
The United Republic of Tanzania. (2009). Op. cit. p.16.
112
ibid, p.22.
113
ibid, p.17.
114
ibid.
115
ibid, p.20.
116
ibid.
117
ibid, p.21.
26
logging pressure, hence, they need protection. On this basis, therefore, the subsequence
concept is on forests protection.
2.3 Forest Protection

The concept of forest protection connotes measures for preservation or improvement of
forests and, preventing or controlling forests from human and natural threats. The
threats include pests, fire and illegal forest exploitation, invasion and trade.118 There are
various conventional measures for forest protection to include controlling deforestation,
sustainable land management, forest fire prevention, reforestation, local community
engagement and indigenous forest protection and conservation methods. 119 These
measures are generally social, economic and scientific. To make them effective, the
concept of legal regulation comes in. There should be a law which clearly articulate
these measures, their enforcement mechanisms, prohibition and penal criminalization
on breach as well as sanctions thereon. Therefore, legal studies on forest protection
tend to consider law as a means to achieving social, economic and scientific measures
for forests protection.
Being legal, this study considers forest protection from a perspective of law as a means
to an end. That is to say, law as a means to achieving social, economic and scientific
measures for forests protection. The term is used to connote the way legal; policy and
institutional set-ups achieve conventional measures for forests protection. The idea
behind forests protection as studies herein is that despite environmental and human
benefits that forest offers, forests are under severe threat.120 Although there are growing
initiatives towards forest protection, yet forests are not, globally, in a happy state.121
118
Duc, N. T., et al. (2017). Assessing Conditions for Effective Community Forest Management in Thua
Thien Hue Provence: Redefining Diversity & Dynamic of Natural Resources Management in Asia.
Retrieved March 31, 2023 from the World Wide Web: https://www.sciencedirect.com/topics/earth-and-
planetary-sciences/forest-protection. See also Law Insider. Forest protection: Definition. Retrieved May
31, 2023 from the World Wide Web: https://www.lawinsider.com/dictionary/forest-protection.
119
Putsep, A. (2022). Complete guide to Forest Conservation from Importance to Methods. Retrieved
April 1, 2023 from the World Wide Web: https://www.single.earth/blog/forest-conservation-guide.
120
Bhavan, A. (2016). Forest Protection (Government of West Bengal). p.12. Retrieved April 1, 2023
from the World Wide Web: http://westbengalforest.gov.in//upload/development/cm10.pdf.
121
ibid.
27
Therefore, the term forest protection in this study covers both forest protection
initiatives in Tanzania and globally from a functional approach of law. The conceptual
setting of forest protection considering both domestic and international perspective is
similarly necessitated by the fact that the topic herein studied largely appeals to the
international law jurisprudence.
In Tanzania, forests protection is an essential task executed socially, economically and

scientifically. Similarly, this is one of the aspects highly regulated and promoted
legally. Forest protection in Tanzania largely engages the government and its working
agencies. The governmental role in protecting forests is executed through the FBD of
the MNRT, Regional and District organizations.122 The MNRT has established sub-
divisions in it to intervene with human and natural threats to forests and undertaking or
funding scientific and social researches on forests protection.123
Forests protection in the country is similarly a community-based phenomenon. On the

one hand, communities perform a significant role as forest protectors organizing
themselves into protective groups.124 On the other hand, efforts are made to promote
development opportunities specifically to communities living in and/or around forest
reserves who depends traditionally on forests.125 The purpose is to afford them with
alternative earning opportunities in order to reduce pressure on forests. 126 This is a
globally recognized mechanism on forests protection.127 It is effective since
communities living in and/or around forest reserves are likely to be the first
deteriorators, therefore, making them protectors is an effective forests protective tactic.
122
Vincent, B.M.S. (1998). Forest Policy Changes in Tanzania: Towards Community Participation in
Forest Management. Sokoine University of Agriculture. p.4.
123
A detailed discussion on these sub-divisions is covered under Chapter Three on institutional
framework for forest protection in Tanzania.
124
This is statutorily recognized under the Forest Act, [Cap. 323 R.E. 2002].
125
United Nations Development Programme. (2018). Protecting Forests and Natural Resources in
Tanzania. Retrieved April 1, 2023 from the World Wide Web:
https://www.undp.org/tanzania/stories/protecting-forests-and-natural-resources-tanzania.
126
ibid.
127
Putsep, A. (2022) Loc. cit.
28
Tanzania takes cognisance of the fact that forests protection requires cooperation
especially with neighbouring states. To so act, Tanzania is working very closely with
her neighbouring states to protecting forests especially against illegal dealings in forest
produces. In September 2015, Tanzania joined forces with Kenya, Mozambique,
Madagascar and Uganda to Sign the Zanzibar Declaration on Illegal Trade in Timber
and Forest Products.128 This declaration calls on the East African Countries to work
together in protecting forests.129 Joining efforts in forests protection is essential since
illegal loggers often operate cross-borders especially through trading in forest
produces. Thus, agreements prohibiting illegal trade in forest produces play a
significant role in protecting forest reserves against illegal human invasions.
Forest protection mechanisms in Tanzania are generally complemented by forest laws.

To enhance effectiveness of protective measures, Tanzania has enacted forest
protection laws130 and ratified international instruments in this regard. 131 These laws
recognize and articulate social, economic and scientific approaches towards protection
of forests. Again, they strictly prohibit human activities threatening forests
sustainability and criminalization of certain conducts and sanctions on breach. As
stated herein above, being a legal study, this work considers forest protection from a
legal perspective. Therefore, in this study forest protection in Tanzania is used to
denote forest laws as means to achieving social, economic and scientific measures for
forests protection. An examination of the law is made with a view to establish
efficiency of the existing forest legal regime in protecting forests especially against
128
Trembly, S. & Lowry, W. (2016). Despite the Conservations Effort, Tanzania’s Forest Still under
Pressure. Retrieved November 16, 2022 from the World Wide Web:
https://www.news.mongabay.com/2016/10/despite-conservation-effortstanzanias-forests-still-under-
pressure.
129
ibid.
130
These include; the Environmental Management Act, No.20 of 2004; the Forest Act, [Cap 323 R.E.
2002]; the Forest Regulations, Government Notice No.153 of 2004; and the Forest (Sustainable
Utilization of Logs, Timber, Withies, Poles or Charcoal) Regulations, Government Notice No.427 of
2019.
131
These include; CITES ratified on 29 November 1979; UNFCCC Ratified on 17 April 1996; and CBD
Ratified on 8 March 1996.
29
illegal logging. An attempt is made to analyse how the existing laws embodies forest
protection mechanisms.
The structure of forest protection under international law is composed of three inter-
related protective frameworks. Although it dates back in 19th century,132 a move towards
global forests protection was generally rated slow.133 Chaytor asserts that as far as
international forests protection is concerned, progress has been slow until when resort
was made to protect forests under the auspice of the United Nations. 134 This is because,
forests were seen exclusively under the auspice of states’ jurisdiction, in a way that
any attempt to protect forests under international level was regarded as interference
with fundamental national economic and development policies. 135 It was until 1990s
when change in perspectives on forests protection at the national and international level
hit the news.
At this time protection of forests became a more serious global concern. It is during this
period that the United Nations Conference on Environment and Development
(UNCED) was held in Rio de Janeiro (Brazil) from 3 rd to 14th June, 1992. This
conference adopted binding and non-binding instruments to include the Rio
Declaration, UNFCCC and CBD. Protection of forest at the aftermath of the Rio
Conference was achieved through urging state parties to assume appropriate measures
to protect forests. States were urged to ratify these instruments to lay basis through
which forests were to be protected at states’ jurisdiction. From this conference, forests
protected adopted different approaches. Extensive approaches were assumed from
regulating sustainable use of forest to adding other values like conservation of
132
Wensum, K. F. (1999). Forestry: Changing Perspective in Forestry Science. PhD Thesis. Wageningen
Agricultural University. p.40. See also Hulme, D. & Murphy, M. (2001). Africa Wildlife and
Livelihoods: The Promise and Performance of Community Conservation. Portsmouth: Heinemann
Publishers Limited. p.44.
133
Chaytor, B. (2001). The Development of Global Forest Policy: Overview of Legal and Institutional
Frameworks. Mining, Minerals and Sustainable Development. p.3. Retrieved December 3, 2022 from
the World Wide Web: https://www.iied.org/sites/default/files/pdfs/migrate/G00926.pdf.
134
ibid.
135
ibid.
30
nature.136 Protection of forests was urged to be ecologically sound, economically
viable, socially acceptable and technically feasible.
Today, protection of forest under international law is a serious concern. It is composed

of inter-related and self-reinforcing framework including legal, policy and institutional
frameworks.137 Forests are protected globally through myriad international instruments
and institutional machineries.138 The idea is to protect forests against human and non-
human threats. Generally, there are many threats to forests sustainability, globally and
within individual states. In Tanzania, illegal logging of forests is highly cited. 139 In this
study, therefore, forests protection is studied against illegal logging threat. Being the
specific threat to forests sustainability studied in this study and, having conceptualized
forest protection above, the subsequent concept is on illegal logging of forests.
2.4 Illegal Logging of Forests

There are diverse understandings on the concept ‘illegal logging.’ This concept,
however, is widely used to denote timber-harvesting-related activities that are
inconsistent with national or sub-national laws.140 It takes place when harvesting,
transporting, buying or selling is in violation of national laws. 141 This understanding is
what Simon recapitulates as ‘contravention of national or international law at any point
136
Rose, T. & Dietic, J. (2005). African Forests between Nature and Livelihood Resources:
Interdisciplinary Studies in Conservation and Forest Management. Lewiston: The Edwin Millen Press.
p.7.
137
McDermott, C. L. et al. (2007). International Forest Policy, the Instruments, Agreements and
Processes that Shape It. Department of Economic and Social Affairs-United Nations Forum on Forest
Secretariat. p.107. Retrieved December 3, 2022 from the World Wide Web:
https://www.un.org/esa/forests/wp-
content/uploads/2015/06/Intl_Forest_Policy_instruments_agreements.pdf.
138
International instruments and their roles in forest protection, as well as institutional machineries
working on protection of the global forests are detailed discussed under Chapter Three.
139
Makero, J. S. & Malimbwi, R.E. (2012) Loc. cit.; Makunga, J.E. & Misana, S.B. (2017) Loc. cit.; see
also Ligami, C. (2019) Loc. cit.
140
Guertin, C. E. (2003). Illegal Logging and Illegal Activities in the Forestry Sector: Overview and
Possible Issues for the UNECE Timber Committee and FAO European Forestry Commission. A Paper
Presented as Basis of an Expert Presentation at the UNECE Timber Committee Market Discussion.
Geneva-Switzerland. p.3. Retrieved December 2, 2022 from the World Wide Web:
https://unece.org/fileadmin/DAM/timber/docs/tc-sessions/tc-61/presentations/guertin-paper.pdf.
141
ibid.
31
along the trade chain from the source to consumer.’ 142 Tacconi gives an insight on the
nature of laws contravened in edifice of illegal logging. He considers that illegal
logging in forests involve contravening laws or regulations which are designed to
protecting forests from unsustainable exploitation of biological resources.143
Similarly, illegal logging signposts unhealthy and unlawful activities in forests and
forest produce dealings. In this way, illegal logging is similarly described as
‘destructive logging’144 or ‘unauthorized logging.’145 Wide-ranging constitutive
practices of illegal logging are documented in relation to harvesting and transportation.
Brack asserts that the harvesting process may be illegal if it involves corruption means
to get access for cutting down trees, extracting forest produces without a valid license
or exploiting in strict protected areas, cutting protected species or exceeding allocated
timber cutting quotas.146 During transportation, illegalities may relate to illegal
processing and exporting, mis-declaration to customs and avoidance of taxes and other
charges.147
Guertin is even more descriptive on the general constitutive acts of illegal logging. He
points out that illegal logging may even involve duplication of felling licenses, girdling
or ring-barking to kill trees so that they can be legally logged, contracting local
entrepreneurs to buy logs from protected areas, logging outside concession boundaries,
logging in prohibited areas such as steep slopes, riverbanks and water catchments,
removing under-/over-sized trees from public forests, reporting high volume of
142
Milledge, S. A. H. et al. (2007). Forestry, Governance and National Development: Lessons Learned
from a Logging Boom in Southern Tanzania. p.22. Retrieved December 4, 2022 from the World Wide
Web: https://www.traffic.org/site/assets/files/3612/logging-boom-southern-tanzania.pdf.
143
Tacconi, L. et al. (2016). ‘Defining Illegal Forest Activities and Illegal Logging’ in Kleinschmit, D, et
al (eds), Illegal Logging and Related Timber Trade – Dimensions, Drivers, Impacts and Responses: A
Global Scientific Rapid Response Assessment Report. IUFRO World Series. Volume 35. p.24. Retrieved
December 4, 2022 from the World Wide Web:
144
UNODC. (2011). Illegal Logging Corruption in Forest Sector: UNODC Anti-Corruption Talk Series
with Special Focus on Forests. (Friends of the Earth-Indonesia). Retrieved December 4, 2022 from the
World Wide Web: https://www.unodc.org/documents/southeastasiaandpacific/pdf.
145
Guertin, C. E. (2003) Loc. cit.
146
Brack, D. (2003). Illegal Logging and the Illegal Trade in Forest and Timber Products. International
Forestry Review. Vol.5(3). pp.195-198. p.195.
147
ibid.
32
extracted in forests concessions to mask the fact that part of the volume declared is
extracted from non-authorized boundaries and obtaining logging concessions by
bribes.148 Committing any or cumulative of either of these acts constitutes an act of
illegal logging.149 For the purpose of this study, illegal logging is used to suggest the
construction recapitulated herein. To be so specific, this study follows herein cited
authors’ conceptualization of illegal logging.
Illegal logging is widely understood as a pervasive problem throughout the world. 150
This is because illegal logging of forests is associated with unnumbered economic,
social, legal and environmental consequences. There is anecdotal evidence that illegal
logging leads to degraded forests ecosystem and loss of biodiversity, it impedes
economic development, challenges local governance, and contribute to crimes and
corrupt practices.151 The scale of illegal logging similarly represents loss of revenue 152
and it can lead to widespread environmental damage. 153 The consequences associated
with illegal logging of forests attract attention. This is because those consequences
leave no sector unaffected. This study is prompted with the factors for the escalating
trend of illegal logging, as it highly affects the economy, nature and ecology. It
considers increasing illegal loggings unjustifiably alarming amidst the seemingly
upright forest legal framework in place.
Literature tends to define certainly the root-causes of illegal logging. Mugadza points
to inadequate rules and penalty systems, weak forest governance, poverty, poor
monitoring and enforcement capacity, economic and political instability, lack of
transparency, corruptions’ influence on government, favouritism and poor concessional
148
Guertin, C. E. (2003) Op. cit. p.4.
149
ibid.
150
Congressional Research Service. (2019). International Illegal Logging: Background and Issues.
Retrieved December 4, 2022 from the World Wide Web: https://sgp.fas.org/crs/misc/IF11114.pdf.
151
ibid.
152
Palmer, C. E. (2000). The Extent and Caused of Illegal Logging: An Analysis of a Major Cause of
Tropical Deforestation in Indonesia. CSERGE Working Paper. p.10. Retrieved December 4, 2022 from
the World Wide Web: https://www.ucl.ac.uk/cserge/Illegal_Logging.pdf.
153
Brack, D. (2003) Loc. cit.
33
agreements.154 Existing texts link persisting illegal logging with ineffective forest
governance, poor law enforcement and weak institutions.155 Government officials are
allegedly accepting illegal loggers exceeding their logging limits, gaining forests access
using corrupt means, contravening forests protection laws and capitalizing massively
on gaps in existing laws.156 In this study the root-causes for increasing illegal logging
of forests are the subject. The logic is to unveiling the up-to-date drivers for the
impediment of forest legal regime to curbing illegal logging.
Increasing illegal logging in Tanzania is undoubtedly appreciated. 157 In a paper

fancying Tanzania as a country where illegal logging is almost legal, the author submits
that Tanzania’s forest land is subjected to a risk, mostly as a result of illegal logging,
which is destroying five-hundred thousand hectares of the country’s pristine forests
every year.158 This work images the government as unable to address the problem, as
its officials (own forest staff) are accused of being directly involved in illegal
logging.159 The increasing illegal logging in Tanzania, amidst the forest legal
framework in place raised the need for this study. The baseline for this study, therefore,
is a questionable relationship between the forest legal framework in place viz a viz the
actual situation in the field. The forest legal framework in place does not reflect the
actual situation of illegal logging of forests. The assumption is that the relationship
between forest legal regime and the practice is not promising. Therefore, the
subsequent concept operationalizes the relationship between the forest legal regime viz
a viz the actual situation of illegal logging in Tanzania.
154
Mogadza, A. A. (2020). The Legal Protection of Forests in International Environmental Law:
Shortcomings and Comparative Analysis. PhD Thesis. University of Girona. p.75. See also Pokornyin,
B. (2016) ‘Drivers of Illegal and Destructive Forest Use’ in Kleinschmit, D. et al. (eds), Illegal Logging
and Related Timber Trade – Dimensions, Drivers, Impacts and Responses: A Global Scientific Rapid
Response Assessment Report. IUFRO World Series. Volume 35. p.61.
155
Mogadza, A. A. (2020) Loc. cit.
156
ibid.
157
Kilahama, F. Forest Governance Monitoring System in Tanzania (Forest and Beekeeping Division-
Ministry of Natural Resources and Tourism). Retrieved December 4, 2022 from the World Wide Web:
https://www.un-redd.org/sites/default/files/2021-10/Dr.%20Kilahama%20-
%20Forest%20Governance%20Monitoring%20System%20in%20Tanzania%20-%2018.11.10.pdf.
158
Odhiambo, N. Tanzania: Where Illegal Logging is almost Legal (Rain Forest Relief). Retrieved
December 4, 2022 from the World Wide Web: https://www.wrm.org.uy/print/pdf/node/.
159
ibid.
34
2.5 The Relationship between Legal Regime and Practical Situation
This study examines the law and practice on forests protection against illegal logging.
Therefore, it considers the relationship between the forest legal regime in the books viz
a viz the forest legal regime in motion, that is to say the relationship between legal
regime and the actual practical situation. Understating this relationship hastens to
borrow a leaf from the sociological or functional school of jurisprudence. This school
of jurisprudential thought focuses on study of law and its relation with and impact on
society.160 That is to say, it focuses on the social function of the law as a means to an
end.161 It maintains that a proper comprehension of law requires a sociological analysis
that is rooted in the social contexts in which the law is applied. 162 Therefore, their
concern is to analyse and interpret the part played by the law and its legal institutions in
effecting certain observable forms of conduct or behaviour.163
The theoretical understanding underlying this school of thought is that it is significant

to place law in its social context.164 The pervasive theme behind this is the gap between
legal rules and actually lived practical social situations. 165 This gap is what scholars
often refer to as ‘law in the books’ and ‘law in action.’ 166 This means that laws as
coined, they may not necessarily attain their end objectives. In a way, what the law says
may not be what happens in the field. Therefore, to understand whether the law is
functioning in the society, this school seeks to understand the social reality in all its
dimensions.167 To them, law should be studied in a way to explore means to improve
the capacity of law to serve the ends of society.168
160
Ghormade, V. & Lakshminath, A. (2008). Textbook on Jurisprudence and Legal Theory. Budhwar
Peth: Hind Law Publications. p.169.
161
ibid, pp.170-171.
162
Wacks, R. (2021). Understanding Jurisprudence: An Introduction to Legal Theory. New York:
Oxford University Press. p.193.
163
ibid, p.195.
164
Freeman, M. D. A. (2008). Lloyd’s Introduction to Jurisprudence. London: Sweet & Maxwell
Publishers. p.858.
165
ibid.
166
ibid.
167
Ratnapala, S. (2020). Jurisprudence. Cambridge: Cambridge University Press. p.234.
168
ibid, p.235.
35
Remarkably, as part of its basic tenets, sociological school of jurisprudence regards the
functional aspect or working of the law rather than the abstract content of the
authoritative precepts.169 They consider the goodness of the law as the extent to which
it meets its making objectives. This school, therefore, encourages the use of socio-
scientific research methods to study the impact of law in the society recognizing that its
jurisprudential questions are empirical in nature and not just conceptual. 170 This
jurisprudential setting supports studies on socio-legal researches, studies on the actual
impact of law in its context.
The present study falls fit in this jurisprudential setting. It inquires the impact of forest
legal regime in protecting forests against illegal logging. Reading the forest legal texts
(law in the books) one may be convinced that the legal regime is upright to deter forests
from illegal logging. One is not allowed to enter forest reserves unless he is availed
with entry permit. He cannot similarly fell down trees unless he is having a licence for
that purpose. Removing and/or transporting lawfully harvested produces is similarly
regulated. One cannot transport forest produces unless it is during day time and through
the prescribed routes in the transit pass. Similarly, one cannot unlawfully possess,
neither sell nor purchase forest produces unless legal requirements are met.
Surprisingly, the practical situation (law in the action/motion) depicts escalating illegal
logging activities in the country. At least 70% of the forest land loss in the country is
by illegal logging.171 Therefore, the present study questions the unhealthy relationship
between the forest legal regime and the actual situation of forest protection. It explores
why the law in the books is not the law in motion when it comes to forest protection
against illegal logging in the country. This is the centre of the relationship in question.
Studying this relationship is imperative because the law is properly so-called if its
impacts in the practical situations are seen. The underlying question is why there are
laws which, strictly with penal sanctions, prohibits and incriminates illegal logging of
169
Ghormade, V. & Lakshminath, A. (2008). Op. cit. p.171.
170
Freeman, M. D. A., (2008) Loc. cit.
171
Ligami, C. (2019). Loc. cit.
36
forests but the result is reverse? The assumption is that there are impeding challenges
which hinder forest protection against illegal logging. Such relationship is seemingly
impeded by legal and practical challenges. Therefore, the subsequent concept is on
legal and practical challenges.
2.6 The Concept of ‘Legal and Practical Challenges’

One of the objectives of this study is to examine legal and practical challenges in
forests protection against illegal logging in Tanzania. Thus, an understanding of the
way the term legal and practical challenges is used in this study is important. On the
one hand, the term ‘legal challenges’ is used in this study to connote gaps, ambiguities,
vagueness and inadequacies in the existing forest legal regime with the effect to
impeding forests protection against illegal logging in Tanzania. Therefore, this term is
used to imply weaknesses in the existing forest legal regime and their impacts in
curbing illegal logging of forests.
On the other hand, the term ‘practical challenges’ is used in this study to connote
hindrances or barriers in enforcing the existing forest legal regime in addressing illegal
logging of forests. This term is used to connote filed-based barriers posing difficulties
to forest law implementers to give effect to the existing laws. Similarly, the term
connotes individual weaknesses, behaviours and characters of the forest officials and
forest law enforcer with the likely effect to impede enforcement of the existing forest
legal regime in curbing illegal logging of forests in the country.
2.7 Conclusion
This chapter has presented a conceptual analysis of key themes and sub-themes
underlying this study. It has been noted that, although forests in Tanzania are both
natural and manmade, natural forests are the subject studied. This is imperative because
in most cases illegal logging is recorded along natural forest reserves. This chapter has
noted that protection of these forests, in a legal perspective, rests at the centre of law. It
appreciates an understanding that forest protection covers social, economic and
scientific measures. Nonetheless, being legal, this study analyses the place of law in
37
recognition and enforcement of existing measures for the purpose of protecting forests.
This implies how the law prohibits, criminalizes and sanctions threats to forest
sustainability, especially as a result of illegal logging. It has also been noted that illegal
logging, as a forest sustainability threat studied, is used to denote any contravention of
law in harvesting, transporting, possessing and trading in forest produces. Therefore,
illegal logging covers acts prohibited by the law or breach of any legal requirement
along the chain of forest resources dealing. It has also been noted that a relationship
between law and practice is to be significantly drown. It has been noted that the study
explores the unhealthy relationship between law and the practical situation. Borrowing
a leaf from sociological or function school of jurisprudence it is noted that the law is
not the law until it impacts the actual situation. The law in the books should be
effectively translated into motion with a view to brining into action the intention of the
legislators. The subsequent chapter is on legal and institutional framework on forests
protection against illegal logging in Tanzania.
38
CHAPTER THREE
LEGAL AND INSTITUTIONAL FRAMEWORK ON FORESTS PROTECTION
AGAINST ILLEGAL LOGGING
3.1 Introduction
This chapter examines the legal and institutional framework on forests protection
against illegal logging. Given that the area under study largely appeals to the
international law jurisprudence, an attempt is made to examine both international and
domestic legal and institutional frameworks. Analysis of the international legal
framework covers binding and non-binding bilateral and multilateral agreements
addressing forests protection in general and, deterrence of illegal logging in particular.
The international institutional framework addressed in this study cover institutions
within and outside the auspices of the United Nations. This is prompted with a view to
establish complementarity structure of the global forests’ protection organs. The
domestic legal framework covers the forests protection legal structure in Mainland
Tanzania. An attempt is made to analysing aspects covering forests protection and
management in general and, legislative endeavours in tackling illegal logging of forests
in particular. This analysis covers deterrence of illegal logging practices,
criminalization and corresponding punishments and sentences. The analysis of
institutional framework covers responsible institutions for forests protection. An
attempt is made to cover administrative, advisory, managerial, law enforcement-based
and compliance institutions.
3.2 The Legal Framework

3.2.1 International Legal Framework
Forest protection under international law is essentially regulated under the corpus of
Multilateral Environmental Agreements. Notably, the international legal regime on
forests protection, to date, remains fragmented as it lacks a specific binding instrument.
There is no an overarching binding instrument for an organized forests protection legal
39
regime.172 Therefore, analysis of the international legal framework in this study covers
fragmented binding and non-binding international forest-related instruments. It covers,
on the one hand, aspects relating to forest protection and management, and on the other
hand, specific aspects relating to prohibition of illegal logging of forests.
3.2.1.1 The Convention on Biological Diversity

As noted above, the international legal regime on forests protection is similarly
endowed with binding, however non-specific, international instruments. They address
forest protection in their specific contexts. The emphasis of these instruments is on
appropriate measures by states to protect forests. Addressing ecological balance, the
Convention on biological Diversity (CBD) was adopted and opened for signature on 5th
of June 1992 and it came into force on 29 th of December 1993.173 Tanzania ratified the
CBD in March, 1996.174 The CBD provide standards and measures for conservation
and sustainable use of biological resources.175 It urges each contracting state to develop
national strategies, plans or programs for the conservation and sustainable use of
biological resources including forests resources.176 The CBD urge states to integrate as
far as possible and as appropriate, the conservation and sustainable use of biological
resource into relevant programs and policies.177 It calls all state parties to enact
legislation for protecting threatened species. Under the CBD, states are obliged to use
172
Mogadza, A. A. (2020). Op. cit. p.75; see also Mackenzie, C. P. (2012). Future Prospects for
International Forest Law. The International Forestry Review. Vol.14(2). pp.249-257; see also Asselt, H.
V. (2012). Managing the Fragmentation of International Environmental Law: Forests at the Intersection
of the Climate and Biodiversity Regime. International Law and Politics. Vol.44. pp.1205-1278; see also
Brunnee, J. & Nollkaemper, A. (1996). Between the Forest and Trees: An Emerging Forest Law.
Cambridge University Press. Vol.23(4). pp.307-314.
173
United Nations Treaty Collection. Convention on Biological Diversity. Retrieved May 24, 2023 from
the World Wide Web: https://treaties.un.org/.
174
Pallangyo, D.M. (2007). Environmental Laws in Tanzania: How Far have we gone? Law Environment
and Development. p.135.
175
The Convention on Biological Diversity, 1760 UNTS 79, 31 ILM 818 (1992), entered into force on
29 December 1993, article 6.
176
ibid.
177
ibid, article 6(a) and (b).
40
biological resources sustainably.178 Therefore, being part to the CBD, Tanzania is duty
bound by the obligations provided thereunder.
3.2.1.2 The United Nations Framework Convention on Climate Change

The United Nations Framework Convention on Climate Change (UNFCCC) was
adopted in 1992 and came into force on 21 March 1994. 179 The UNFCCC was adopted
to respond to global climate change issues. It urges states to take appropriate measures
in protecting forest resources with a view to avoiding negative impacts of improper use
of forests to climate change.180 The UNFCCC cover a significant aspect of proper
management of forest resources with a view to achieving climate stability. It has to be
noted that forests play a vital role in climate stabilization. Therefore, in order to combat
climate change, forest protection should be prioritized. In such a way, the UNFCCC
integrates aspects of forest protection as a way to archiving global climate stability.
3.2.1.3 The United Nations Convention to Combat Desertification

The United Nations Convention to Combat Desertification (UNCCD) was adopted
1994 and came into force on 26 December 1996. 181 Tanzania ratified the UNCCD in
1997.182 The UNCCD came to address specific aspects of desertification in countries
experiencing serious drought and/or desertification, particularly in Africa. 183 It
recognizes ecological distortion as one of the causes of desertification. 184 As such, the
UNCCD urges its member states that in implementing the convention, national action
programs should include measures to conserve natural resources, ensuring integrated
178
The Convention on Biological Diversity, 1760 UNTS 79, 31 ILM 818 (1992), entered into force on
29 December 1993, articles 8, 11 and 14.
179
United Nations Treaty Collection. Loc. cit.
180
United Nations Framework Convention on Climate Change, A/RES/48/189 (1992) entered into force
on 21 March 1994, article 8(c).
181
182
The United Republic of Tanzania. (2015). Report by National Biodiversity Strategy and Action Plan
(NBSAP-2015-2020).
183
The United Nations Convention to Combat Desertification in those Countries Experiencing Serious
into force 26 December 1996, article 1.
184
ibid, preamble.
41
and sustainable management of natural resources including forests. 185 Specifically, the
UNCCD urges member states, especially those affected with desertification and serious
droughts, that they should take national action programs relating to forestry among
others.186
3.2.1.4 Convention on International Trade in Endangered Species

The Convention on International Trade in Endangered Species (CITES) was adopted
on 3 Mach 1973187 and came into force on 1 July 1975. It was ratified in Tanzania on
29 November 1979. The CITES is one of a few binding agreements addressing forests
protection against illegal logging.188 As such, it is one of the instruments which
signatory governments to seize illegally harvested forest produces and impose financial
penalties to illegal forest dealers. 189 In the first place, the CITES prohibits exploitation
of the protected endangered species.190 Similarly, it prohibits trade in protected species
unless it is in accordance with the Convention. The CITES requires obtaining permits
and certificates for exploiting or trading in protected forest species. 191 In absence of
permits and certificates, dealing in endangered forest species is illegal under the
CITES.192
The spirit embodied under the CITES is indubitably to control unsustainable harvest
and trade in, among others, endangered forest species. Tacconi rightly opine that
permits and certificates requirement under the CITES aims to control unsustainable
over-exploitation of species.193 To ensure compliance, the CITES oblige member states
185
The United Nations Convention to Combat Desertification in those Countries Experiencing Serious
into force 26 December 1996, article 8(3) (c).
186
ibid, article 6(b).
187
188
Congressional Research Service, (2019) Loc. cit.
189
ibid.
190
The Convention on International Trade in Endangered Species of Wild Fauna and Flora, 14537 UNTS
993 (1973), entered into force on 1 July 1975, article 2(3).
191
ibid, article 6.
192
ibid.
193
Tacconi, L. (2003). National and International Policies to Control Illegal Forest Activities. A Report
for the Ministry of Foreign Affairs (Government of Japan). Retrieved March 28, 2023 from the World
Wide Web: https://www.cifor.org/publications/pdf_files/events/Illegal-logging.pdf.
42
to take appropriate measures to enforce its provisions. 194 Tanzania, is member to the
CITES therefore bound by it.195 The CITES require its members to adopt strict
domestic legislation to protect endangered species 196 and to penalize illegal trade or
possession of endangered forest species including confiscation or return of the species
to the state of export.197
3.2.1.5 Stockholm and Rio Declarations

Protection of forests under international law is covered in myriad non-binding
international instruments. These include the early Stockholm Declaration 198 and Rio
Declaration.199 The Stockholm Declaration calls for sustainable use of forests for the
benefit of the present and future generations. 200 This is the major forest protection
aspect under the declaration. It urges the present generation to exploit forests
sustainably without compromising needs of the future generation. The Rio Declaration
on the other hand, employs a more specific language in relation to forests protection. It
calls for protection of natural resources.201 It urges states to assume measures intending
to protect natural resources to include forests. It should be remembered that the Rio
Declaration was a result of the UNCED. At the UNCED, two important documents
were adopted which practically complements the Rio Declaration. These include
Agenda 21202 and the Forest Principles.203 Agenda 21 insists international research in
conservation of forests with a view to ascertaining related forests protection
194
The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES),
14537 UNTS 993 (1973), entered into force on 1 July 1975, article 8(1).
195
Tanzania ratified the the CITES on 29 November 1979.
196
The CITES article 14.
197
ibid, article 8(1)(b).
198
Stockholm Declaration of the United Nations Conference on the Human Environment, UN Doc.
A/CONF.Rev.1 11 ILM 1416 (1972).
199
Rio Declaration on Environment and Development, UN Doc. A/CONF.151/26 (Vol.1) 31 ILM 874
(1992).
200
Stockholm Declaration, principle 2.
201
Rio Declaration, principle 23.
202
United Nations Conference on Environment and Development. Agenda 21.
203
(Adopted 21 April 1992) UNCED. A/CONF.151/6.
43
problems.204 It urges governments to reduce as much as possible illegal harvest of
forests.205 The basis for these actions on protection of forests was lack of integrated
approaches to balance ecological, economic and social significances of the world’s
forest cover.206 Thus, it brings a notion of integrated approach in forest protection. That
is to say, it urges balancing myriad interests in forest utilization and protection. Aspects
of forest utilization and protection should balance ecological, economic and social
interests.
Specific aspects of forests protection and management are covered under the Forest
Principles.207 Although this is a non-binding instrument yet it serves as a
comprehensive guideline for global forests protection.208 It requires forest resources to
be sustainably managed and protected.209 It urges active engagement of stakeholders
including forest dwellers in protecting forests. 210 Under the Forest Principles, national
policies should recognize the relationship between protection and utilization of
forests.211 This is significant in balancing effective protection and sustainable
utilization of forest produces. Appreciably, forest resources also constitute a source of
goods and services for economic gains. Therefore, balancing sustainable utilization and
management is vital.212
3.2.1.6 The African Convention for Conservation of Nature and Natural resources
The African Convention for Conservation of Nature and Natural resources (ACCNNR)
is a regional instrument adopted on 15 September 1968 and entered into force on 16
June 9969. It is a convention addressing specific aspects of conservation of nature and
204
Agenda 21, article 11.
205
ibid.
206
ibid.
207
(Adopted 21 April 1992) UNCED. A/CONF.151/6.
208
Lanly, J. P. Forestry Issues at the United Nations Conference on Environment and Development.
Retrieved March 28, 2023 from the World Wide Web: https://www.fao.org/3/u7760e/u7760e0b.htm.
209
The Forest Principles, principle 2(b).
210
ibid.
211
ibid, principle 6(b).
212
ibid, principle 6(e).
44
natural resources in Africa. The ACCNNR draws from the major drivers of nature and
natural resources deterioration. Consequently, the ACCNNR urge its contracting states
to pay specific attention to control bush fires, forests exploitation, land clearing for
cultivation, and overgrazing by domestic and wild animals; set aside areas for forests
reserves and carry out afforestation programs where necessary; limit forest grazing to
season and intensities that will not prevent forests regeneration. 213 The ACCNNR
provides among other things that each contracting state shall establish, if it has not
already done so, a single agency empowered to deal with all matters covered by the
convention, or establish a machinery to coordinate these matters. 214 Literally, the
ACCNNR call for structuring the nature and natural resources conservation agencies
within its member states with a view to strengthening conservation capacity.
3.2.1.7 The East Africa Community Protocol on Environmental and Natural

Resources Management
The East Africa Community Protocol on Environmental and Natural Resources
Management215 is the East Africa specific instrument addressing, among other things,
protection of forest resources. It covers general aspects of management of natural
resources and, forest resources in specific, among its member states including
Tanzania. Aspects of forests protection especially against illegal logging are indirectly
condemned thereunder. This Protocol recognizes the spirit that effects of forests
deterioration know no boundaries. It urges the partner states to cooperate in all aspects
of forests management and sustainable utilization of forests and trade in forest
products.216 To ensure collective forest protection, the Protocol calls its partner states to
common criteria, indicators and guidelines for sustainable forest management. 217 It
similarly urge its partner states to harmonize their national policies, laws and
213
The Africa Convention on Conservation of Nature and Natural Resources, OAU Doc CAB/LEG/24.1
(1968), entered into force 16 June 1969, article 6(1) (a) (b) and (c).
214
The Africa Convention on Conservation of Nature and Natural Resources, OAU Doc CAB/LEG/24.1
(1968), entered into force 16 June 1969, article 15.
215
EAC Protocol on Environmental and Natural Resources Management, (adopted on 3rd April 2006).
216
ibid, article 11(a).
217
ibid, article 11(b)(2) and (6).
45
enforcement programmes to have uniform forest protection legal mechanisms. 218 This
Protocol is cited as one among the sub-regional agreements with an outstanding impact
in deterring illegal forest activities and associated trades.219
3.2.2 Domestic Legal Framework

The legal framework on forests protection against illegal logging in Tanzania is highly
statutory. The fundamental feature of the current forests protection legal regime is that
although there are many specific-sector legislation addressing environmental aspects,
forest protection aspects, especially in respect of illegal logging, are highly codified
under the Forest Act220 and its Regulations.221 Nonetheless, this analysis covers general
aspects of forest protection under the country’s Constitution and the principal
environmental legislation.
3.2.2.1 The Constitution of the United Republic of Tanzania

Notably, protection and management of forests is the foundation of every endeavour to
guard forest resources. In Tanzania, this is a constitutional duty to both individuals and
state. It is a requirement of the Constitution of the United Republic of Tanzania 222 that
every person is under duty to protect the natural resources of the United Republic,
property of the state authority and all property collectively owned by the people. 223 It
calls the government to ensure that natural resources of the country are harnessed,
preserved and applied toward the common good.224 This is a duty to the government
218
EAC Protocol on Environmental and Natural Resources Management, (adopted on 3 rd April 2006),
article 11(c).
219
Background Document on the Non-Legally Binding Instrument on All Types of Forests, the Global
Objectives of Forests, and the Millennium Development Goals: Actions Reported by Countries to the
United Nations Forum on Forests. Retrieved March 28, 2023 from the World Wide Web:
https://www.un.org/esa/forests/wp-content/uploads/2015/07/nlbi_background-document.pdf.
220
221
Especially the Forest Regulations, Government Notice No. 153 of 2004 and the Forest (Sustainable
Utilization of Logs, Timber, Withies, Poles or Charcoal) Regulations, Government Notice No.417 of
2019.
222
Constitution of the United Republic of Tanzania [Cap.2 R.E. 2002].
223
ibid, article 27(1).
224
ibid, article 9(c).
46
and its agencies as Pallangyo rightly note that this provision is couched to ensure
government’s commitment to warrant sustainable development of natural resources. 225
3.2.2.2 The Environmental Management Act

The Environmental Management Act226 is the overall principal environmental
legislation in the country. The Act is a result of the 1997 National Environmental
Policy.227 This policy raised serious environmental concerns in the country and a need
to have a comprehensive legal regime. Correspondingly, it acknowledged escalation of
the forest deterioration in the country.228 Consequently, it outlined potential practices to
put in place for effective forests protection. 229 This policy was replaced by the National
Environmental Policy of 2021.230 This policy brought emerging environmental
challenges that were not expressly addressed in the repealed policy such as climate
change, invasive species, waste electrical and electronic equipment or e-wastes,
genetically modified organisms, management of oil and gas pollution and sound
management of chemicals.231 Since policies are normally precursors to relevant pieces
of legislation, this warrants a need to amend the Environmental Management Act. This
may bring aspects of forest protection within it, especially in addressing climate
change. As it stands, protection and management of forests is not addressed thereunder.
Rather, the Act delegates the whole corpus to the Forest Act. It provides that all forests
shall be managed in accordance with the provisions of the Forest Act.232 Only that in
225
Pallangyo, D.M. (2007). Op. cit. p.30.
226
The Environmental Management Act, No.20 of 2004.
227
(Repealed).
228
ibid, policy statement 12(vi).
229
(Repealed), policy statement 59.
230
The United Republic of Tanzania. (2021). National Environmental Policy, Vice President’s Office.
231
ibid. See also United Republic of Tanzania. (2019). Third State of the Environmental Report. Vice
President’s Office. Retrieved May 20, 2023 from the World Wide Web:
https://www.vpo.go.tz/uploads/publications/en-1592550740-State%20of%20Environment-pdf
232
The Environmental Management Act, No.20 of 2004, section 63.
47
any conflict between the two legislations, the Environmental Management Act
prevails.233
3.2.2.3 The Forest Act

The Forest Act234 addresses forests protection complemented by its Regulations. 235 As
the principal legislation in respect of forest resources protection in Tanzania, the Forest
Act236 sets several objectives in this regard. 237 It seeks to achieve economic benefits
from forest produces without compromising the needs of the future generations.238 This
signifies protection of forests against unsustainable utilization and practices. To
achieve effective protection of forests, it encourages public participation on the one
hand, and delegate protection and management mandates to the lowest possible level of
local management on the other hand.239 To this end, the Forest Act240 brings into action
participatory forests management through Joint Forest Management and Community
Bases Forest Management in managing forests reserves.241
Again, protection and management of forests is enhanced through administrative and

institutional set-ups. Forest protection mandates are strictly allocated to respective
authorities. The constitutive department responsible for forests management of the
MNRT is working closely with sub-divisions and working agencies within it to
performing advisory, protective, restorative, enforcement, sensitization, detective,
prosecution and other related activities with a view to protecting and managing forests
in the country.
233
The Environmental Management Act, No.20 of 2004, section 64(1).
234
235
For the purpose of this study two Regulations are relevant, namely; the Forest Regulations,
Government Notice No.153 of 2004 and the Forest (Sustainable Utilization of Logs, Timber, Withies,
Poles or Charcoal) Regulations, Government Notice No.417 of 2019.
236
237
ibid, Part II.
238
ibid, section 3(a).
239
The Forest Act, [Cap. 323 R.E. 2002], section 3(b) and (d).
240
[Cap. 323 R.E. 2002].
241
ibid, section Part III.
48
The Forest Act and Its Regulations set provisions prohibiting illegal logging practices.
In the first place, the Forest Act 242 prohibits illegal entry and harvest of forest produce.
It prescribes forest activities whose dealings require permits and licence. 243 It requires
obtaining permits for activities relating to felling or extracting timber whether for
domestic use or commercial dealings, 244 gathering and taking away forest produces, 245
exporting forest produces246 and operating sawmills or other industrial processes in
forest areas.247 Carrying out these activities without permit or licence is generally
prohibited.248 To limit influx of loggers over a single issued permit, the law prohibits
transferability and/or negotiability of licences or permits.249
Regulatory extensions on the precise use of permits and licence were brought through
the Forest (Sustainable Utilization of Logs, Timber, Withies, Poles or Charcoal)
Regulations.250 Under this Regulation, prohibition of dealing with forests without
permit or licence applies in both commercial and domestic-purposed dealings. It
requires both; for domestic purpose and for commercial purpose forest dealers to obtain
permit or licence as the case may be.251 It is the spirit of this Regulation that any person
who intends to harvest trees for logs, timber, withies, poles or charcoal for commercial
purpose should obtain permit from the District Forest Manager 252 while for household
consumption, one should obtain permit from the Village or Mtaa Executive Officer.253
Extended prohibitive measures under this Regulation touch permits or licences’

conditions for grant. In other words, it restricts harvest to the terms and conditions of
242
[Cap. 323 R.E. 2002].
243
ibid, section 49(1).
244
ibid, section 49(1)(a)(i).
245
ibid, section 49(1)(b).
246
ibid, section 49(1)(h).
247
ibid, section 49(1)(e).
248
The Forest Regulations, Government Notice No. 153 of 2004, regulation 20(1).
249
ibid, regulation 23(2).
250
Government Notice No. 417 of 2019.
251
ibid, regulation 13 and 14.
252
ibid, regulation 13.
253
49
the permit or licence.254 It requires that when a person is authorized to fell trees for
purposes of logs, timber, withies, poles or charcoal, he is restricted to felling species
specified in the licence and no others. 255 To ensure sound compliance with conditions
for grant, the authorities reserve a right to revoke permit or licence upon breach of
conditions.256
Again, the Forest Act and its Regulations prohibit exporting forests produce without
documentations. Exporting forests produce requires, along with dealings permit or
licence, exporting certificate. Section 58(1)(a) of the Forest Act 257 prohibits
transporting forests produce without a valid export certificate. Export certificate is valid
and so issued in respect of ‘graded timber.’ 258 The law restricts issuance of export
certificate in a number of ways. It requires a satisfaction of grading and, that grade of
each piece of timber should accord with the marks thereon. 259 Similarly, issuance of
export certificate is preceded over by proof of a valid grading certificate. 260
Applications for export certificate should be accompanied by a valid grading certificate
referring to the timber for which application is made.261
Forest protection against unsustainable logging is emphasized through the process of

issuing export certificate. The law requires that the issued export certificate shall
include a signed certification that timbers approved for export were sustainably
harvested from a sustainably managed forest cover in the country.262 Where applicable,
export certificate shall include a certification signed by the CITES Management
254
The Forest Act, [Cap. 323 R.E. 2002], section 52(1). It should be noted that under the Forest
Regulations, Government Notice No. 153 of 2004, any terms and conditions endorsed on a permit are
mandatorily construed as an integral part of the Regulation; see regulation 21 thereto.
255
The Forest (Sustainable Utilization of Logs, Timber, Withies, Poles or Charcoal) Regulations,
Government Notice No.417 of 2019, regulation 9.
256
The Forest Act, [Cap 323. R.E. 2002], section 56(6). See also the Forest Regulations, Government
Notice No. 153 of 2004, regulation 22(1).
257
[Cap. 323 R.E. 2002].
258
259
ibid.
260
The Forest Regulations, Government Notice No. 153 of 2004, regulation 12(a).
261
ibid, regulation 12(d)
262
50
Authority indicating compliance with CITES conditions. 263 To ensure compliances
with certificates requirements, the authorities reserve the right to cancel any certificate
before expiry of time upon satisfaction that grant conditions are breached or it is in the
public interest to do so.264
Another aspect of prohibition is unlawful transportation of forests produce. Under the

forest legal regime, obtaining export certificate is one thing and, transporting forest
produces is a differently regulated aspect altogether. Unlawful transportation of forests
produce includes a number of erred principles within it. In the first place, it includes
transporting forests produce harvested in contravention of the law. 265 The law prohibits
any person from evacuating, hauling or transporting logs, timber, withies, poles or
charcoal on transit, unless they are lawfully obtained.266 It is in the spirit of the law that
he who transports forest produces should have with him, among other things, a forest
produces allocation certificate267 and a licence to fell and collect forest produces.268
Again, transportation of forests produce is unlawful and prohibited if it is done in

absence of ‘Transit Pass.’ The law prohibits transportation of forest produces unless he
who transports obtains a Transit Pass.269 Issuance of Transit Pass is dependent upon
satisfaction of bona fide origin of the forests produce subject of transportation. 270 This
is to satisfy that the applicant of a Transit Pass, legally harvested the produces. The law
extends a duty to the owner of any means of transport, not to accept any forest produce
for transportation unless the forest produce concerned is covered under a valid Transit
263
The Forest Regulations, Government Notice No. 153 of 2004, regulation 14.
264
Government Notice No.417 of 2019, regulation 12 (1) and (2).
265
266
Government Notice No.417 of 2019, regulation 16(1).
267
ibid, regulation 20(1)(a).
268
ibid, regulation 20(1)(d).
269
The Forest Regulations, Government Notice No. 153 of 2004, regulation 13 (1).
270
ibid, regulation 13 (2).
51
Pass.271 To ensure that this requirement is abided to, the law places liability to the
owner for breaching this requirement.272
Moreover, transportation of forest produces is unlawful and prohibited if it not carried

through the defined tracks and routes and, within the prescribed time. It is the
requirement of the law that forest produces should be transported on a track or road
prescribed in the licence or Transit Passas as the case may be. 273 In this regard, the law
ordains further that any person transporting logs, timber, withies, poles or charcoal,
serve for domestic purposes, should pass through the roads or routes and checkpoints
stipulated on the Transit Pass for inspection purposes. 274 The law prohibits, on the one
hand, delaying transportation or removal of forest produces within prescribed time 275
and, on the other hand, transporting forest produces at any time before 06:00am or after
06:00pm.276 If forests produce remain unremoved from the forest reserve after
expiation of the licenced period or the extended period, the law orders forfeiture.277
While transporting or moving forest produces, one should also have with him; forest
produce allocation certificate, Transit Pass, licence to fell and collect forest produces,
certificate for registration as a forest produce dealer and a government receipt. 278 These
documents are vital as copies thereto validates final disposal especially through sale
and purchase. The law requires that in the event a person buys the forest produces from
the holder of the forest produce allocation certificate, is required to have valid copies of
all these documents originally under the certified dealer.279
271
272
273
274
275
The Forest Regulations, Government Notice No. 153 of 2004, regulation (8)1.
276
277
278
Government Notice No.417 of 2019, regulation 20(1) (a-e).
279
52
Further, the law prohibits unlawful possession of forest produces. The Forest Act 280
prohibit persons without authority to take, receive or possess forests produce. 281
Possession of forest produces is statutorily required to be lawful. The lawfulness of
such possession depends on possession of valid licences, permits and certificates as the
case may be. According to Regulation 10 of the Forest Regulations 282 it is unlawful to
acquire or keep in possession any forest produces unless such produces were obtained
with licence and duly marked by the registered mark.283
Similarly, unlawful trade in forest produces is strictly prohibited in Tanzania. The

Forest Act284 prohibits any person without lawful authority to offer for sale or buy
forest produces harvested in contravention of the law. 285 This prohibition is meant to
ensure that the chain of forest produce dealings is mannered by authorized dealers. For
the purpose of sale in forest produces, a person is an authorized seller only if he or she
is registered as a forest produce dealer under the Forest regulation. 286 It is the
requirement of the law that no person shall deal with or trade in forest produces without
applying for and obtain a certificate of registration as a forest produce dealer or
trader.287 For the buyer to assume lawful possession upon purchase of forest produces,
he or she should require to be served with copies of the seller’s authoritative
documents.288
Again, it is the requirement of the law that any sale of forest produces should be in
accordance with the descriptions shown in the relevant licence or Transit Pass and not
otherwise.289 Any sale of forest produces in contravention of stipulated descriptions is
prohibited. The descriptions may include the manner of sell, conditions for sell and
280
281
ibid, section 88.
282
The Forest Regulations, Government Notice No. 153 of 2004.
283
284
285
ibid, section 89(d).
286
The Forest Regulations, Government Notice No. 153 of 2004.
287
288
Government Notice No. 417 of 2019, regulation 20(2).
289
The Forest Regulations, Government Notice No. 153 of 2004, regulation 9.
53
exhibition. The law, for instance, requires exhibition for sale of forests produce to be
strictly in registered stowage. In this spirit, therefore, the law prohibits exhibit for sale
of forest produces in unregistered yard, stores, sites or selling centres.290
Apart from these aspects of illegal logging prohibition, the Forest Act and its
Regulations criminalizes trivial to serious acts of forest dealings. In the first place, the
Forest Act291 criminalizes a mere entry into forest reserves without lawful authority or
right.292 If a person is found within or in the vicinity of forest reserve in possession of
any implement for cutting or taking forest produces is also committing a different
offence altogether.293 It is immaterial whether he or she has, for any purpose, used the
implement. If a person is found guilty of either of these criminalized acts, he becomes
liable to a fine of not less than thirty thousand shillings and not exceeding one million
shillings or to imprisonment for a term not exceeding two years or both such fine and
imprisonment.294 This is a very nethermost level of criminalization as it covers a mere
entry into forest reserves or caught in hold of a felling gadget in the vicinity of forests.
The subsequent aspect of criminalization touches specific acts of unauthorized felling

down of trees in forest reserves. It is an offence to fell or cut trees without licence,
permit or other lawful authority.295 The sprit embodied under this criminalization is
prohibition of illegal harvest of forests produce. The law criminalizes illegal harvest
whether for commercial or domestic consumption. Therefore, the law makes it an
offence to unlawfully harvest forests produce.296 The law restricts harvest to the terms
and conditions of the permit or licence.297 Therefore, when a person is authorized to
290
291
292
ibid, section 84(1) (a).
293
294
295
296
ibid, section 89(a).
297
54
harvest forests produce, he or she is restricted to felling species specified in the licence
and no others.298
Another aspect of criminalized acts relates to transportation of forest produces. It is an

offence to operate or cause to operate vehicles to transport forest produces unlawfully
harvested.299 During transportation, it is an offence to deviate the roads or routes
specified in the Transit Pass. In the event the forest produces were obtained legally, on
conviction, a person is liable to a fine of not less than five hundred thousand shillings
but not exceeding one million shillings or imprisonment for a term not less than three
months.300 If the forest produces were obtained illegally, on conviction, one may be
fined to the tune of one million shillings or three times of the market value of the forest
produces whichever is greater or imprisonment for a term not less than two years but
not exceeding seven years including confiscation of the forest produces. 301 If it is
realized that a convict is a habitual transporter, on top of conventional stipulated
punishments, the mechanically propelled vehicle on which the forests produce were
loaded and transported with, shall also be confiscated.302
Similarly, it is an offence to transport or move forest produces without forest produce

allocation certificate, Transit Pass, licence to fell and collect forest produces, certificate
for registration as a forest produce dealer and a government receipt.303 In absence of the
prescribed documents on transit, the transporter commits an offence. On conviction, the
offence attracts a punishment of a fine of not less than five million shillings but not
exceeding ten million shillings or imprisonment of a term not less than three years but
298
Government Notice No. 417 of 2019, regulation 9.
299
The Forest Act, [Cap. 323 R.E. 2002], section 89(b).
300
Government Notice No. 417 of 2019, regulation 16(3) (a).
301
ibid, regulation 16(3)(b).
302
ibid, regulation 16(3) (c).
303
The Forest Act, [Cap. 323. R.E. 2002], section 89(h).
55
not exceeding five years.304 The law does not employ an option for both fine and
imprisonment.
Another criminalized act is unlawfully possession of forest produces. According to

section 88 of the Forest Act,305 whoever unlawfully possesses forest produces commit
an offence. The law provides that, on conviction, a person is liable to a fine of not less
than one hundred thousand shillings but not exceeding five million.306 If the unlawfully
possessed forest produces were also obtained illegally, on conviction, one may be fined
to the tune of one million shillings or three times of the market value of the forest
produces whichever is greater or imprisonment for a term not less than two years but
not exceeding seven years.307 Correspondingly, the forest produces shall be
confiscated.308
Again, the forest legal regime criminalizes unlawful trade in forest produces. In the
first place it is an offence to offer for sale or purchase of forest produces unlawfully
harvested.309 This offence attracts, on conviction, a fine to the tune of one million
shillings or three times of the market value of the prohibited produce whichever is
greater or to imprisonment for a term not less than two years but not exceeding seven
years.310 Likewise, the law criminalizes exhibiting for sale of forest produces in
unregistered yards, stores, sites or selling centres. 311 Upon conviction, one is liable to a
fine of not less than five million shillings and not exceeding ten million shillings or
imprisonment of a period not less than six months and not exceeding two years.312 On
304
305
[Cap. 323 R.E. 2002], as amended by section 28 of the Written Laws (Miscellaneous Amendment)
(No.2) Act No.4 of 2016.
306
ibid.
307
Government Notice No. 417 of 2019, regulation 16(3)(b).
308
ibid.
309
The Forest Act, [Cap. 323 R.E. 2002], section 89(d).
310
ibid, section 89, as amended by section 28 of Written Laws (Miscellaneous Amendment) (No.2) Act,
No.4 of 2016.
311
312
ibid.
56
top of that, the forest produces subject of unauthorized exhibition for sale, are
confiscated to the government.313
To further control illegalities, the law conditions potential buyers. It criminalizes

purchasing forest produces without evidence as to the lawful authority of the forest
produce dealer. Therefore, it is an offence to purchase forest produces without
obtaining from the seller copies of forest produce allocation certificate, Transit Pass,
licence to fell and collect forest produce, certificate for registration as a forest produce
dealer and a government receipt.314 This offence attracts a punishment of a fine not less
than five million shillings but not exceeding ten million shillings or imprisonment of a
term not less than three years but not exceeding five years.315
Moreover, the Forest Act316 and its regulations criminalize several other trivial and
substantial illegal logging practices with a view to protecting forests. It criminalizes
falsified grading. It is an offence for a grader to issue grading certificate knowing or
having reasons to believe that the same is false in any material particular.317 Again, it is
an offence for any person other than a grader to issue grading certificate. 318 This is also
referred to as marking or grading timber without authority. 319 It is also an offence to
stock forest produces unlawfully harvested. 320 In respect of unauthorized grading and
stocking, a convict can be fined to the tune of one million shillings or three times of the
market value of the prohibited produce whichever is greater or to imprisonment for a
term not less than two years but not exceeding seven years.321
313
314
315
ibid.
316
The Forest Act, [Cap. 323 R.E 2002].
317
The Forest Regulations, Government Notice No. 153 of 2004, regulation 50(12)(b).
318
ibid, regulation 50(12)(c).
319
The Forest Act, [Cap. 323 R.E. 2002], section 89(f).
320
ibid, section 89(e).
321
The Forest Act, [Cap. 323 R.E. 2002], section 89, as amended by section 28 of Written Laws
(Miscellaneous Amendment) (No.2) Act, No.4 of 2016.
57
Furthermore, the Forest Act322 provides for general punitive powers to forest officers
and additional orders on top of sentences. It is the requirement of the law that any
authorized officer may prevent movements of illegally harvest forest produces and may
seize any boats, vehicles, aeroplanes, machineries, tools, equipment or implement used
in such illegal logging.323 Additional orders may include cancelling the permit and
disqualification from holding permits,324 forfeiture of forest produce in respect of
which an offence is committed and anything used in commission of the offence 325 and
pay the forest manager of the respective forest reserve up to ten times of the amount of
royalties or fees which had the offensive action been authorized would have been
payable.326
3.3 Institutional Framework

3.3.1 International Institutional Framework
The international institutional framework on forests protection and specific roles on
deterring illegal logging of forests is twofold. It is comprised of both institutions within
and out of the United Nations auspice. In this section, an analysis is made on global
organs, in and out the United Nations, whose roles in forest protection are vital. The
idea behind a two-fold institutional presentation in this study is that protection of
forests against illegal logging is an important agenda in and outside the United Nations.
Therefore, a sense of complementarity is highly relevant.
3.3.1.1 United Nations Forum on Forests

The United Nations Forum on Forests (UNFF) is an intergovernmental policy forum
established on 18th October, 2000 by the United Nations Economic and Social Council
as its subsidiary body.327 The coming into being of the UNFF marks a milestone and
322
323
ibid, section 93(c).
324
ibid, section 97(1)(a).
325
326
ibid, section 97(1)(e).
327
United Nations. (2011). United Nations Forum of Forests Fact Sheet: Celebrates Forests for People.
Retrieved March 24, 2023 from the World Wide Web: https://www.un.org/esa/forests/wp-
content/uploads/bsk-pdf-.
58
consolidation of forest protection initiatives since the United Nations Conference on
Environment and Development. It came to progress notable global forest initiatives
undertaken under then, the Intergovernmental Panel on Forests (IPF) between 1995 and
1997 and the Intergovernmental Forum on Forests (IFF) between 1997 and 2000. 328
The main objective of the UNFF is to promote management, conservation and
sustainable development of all types of forests with a view to strengthening long-term
states’ commitment to its end.329
In principle, the UNFF exercises specific mandates in relation to promotion of

international cooperation on forest related issues, monitoring progress assessment and
to consider the prospects of legal framework on forests. 330 In its endeavour to alleviate
the legal framework on forests, the UNFF follows the Forest Principles which basically
urges holistic conservation and management of global forests through, inter alia,
tackling illegal logging practices.331 To effectively manage and conserve forests, the
UNFF urges tacking illegal forest practices.332 The UNFF strengthens states’ capacity
to address forest-related illegal practices in accordance with their domestic
legislation.333 It urges states’ improvement of forest-related legislation and
strengthening enforcement of forest law with a view to eradicating forest illegal
practices including illegal logging.334
328
Nilsson, K. (2001). The Proposal for Action: Intergovernmental Panel on Forests (IPF) and
Intergovernmental Forum on Forest (IFF) in the Swedish Context. (Swedish University of Agricultural
Sciences). pp.3-6. Retrieved March 24, 2023 from the World Wide Web:
http://shop.skogsstyrelsen.se/shop/9098/art99/4645999-5f15b8-1630.pdf.
329
ibid, p.6. See also United Nations. (2011). Loc. cit.
330
Nilsson, K. (2001) Loc. cit.
331
United Nations. (2007). United Nations Forum on Forests: Report of the Seventh Session (Economic
and Social Council). p.8 Retrieved March 24, 2023 from the World Wide Web:
https://www.un.org/esa/forests/wp-content/uploads/2013/09/E-2007-42-UNFF7Report.pdf. See also
Taccon, L. (2007). Illegal Logging and Related Trade: Who Combat it as Legal Subjects. Open Journey
of Forestry. Vol.6(1).
332
ibid.
333
ibid.
334
United Nations. (2007). Op. cit. p.7; see also Capistrano, D. et al. (2007). Revitalizing the United
Nations Forum on Forests: Critical Issues and Way Forward (Centre for International Forest Research).
Retrieved March 24, 2023 from the World Wide Web:
https://www.researchgate.net/publication/262766335_Revitalizing_the_United_Nations_Forum_on_Fore
sts_Critical_issues_and_ways_forward.
59
3.3.1.2 United Nations Food and Agriculture Organization
The United Nations Food and Agriculture Organization (FAO) is a specialized agent of
the United Nations born in 1945.335 Although its central aim is to defeat hunger through
ensuring food security and regular access to high-quality food for all, FAO is also
working on global forestry programmes.336 The Forestry Programmes run under the
auspice of FAO seeks to bring about transformational impact of the global forests
benefiting both forests and forest dependent communities. 337 The transformational
approach intends to balance economic, social and environmental objectives with a view
to enabling the present generation to benefit from forest resources without
compromising the needs of future generations.338
The forest work under FAO is coordinated by its Committee on Forestry and Regional
Forest Commissions.339 These are technical organs guiding forest works of FAO. One
among the priority areas of FAO forest works is to work on forest law enforcement,
governance and trade with a view to eliminate illegal logging and to promote the legal
production and consumption of forest produces especially timber. 340 It puts emphasis
on effective enforcement of forest laws in deterrence of illegal logging. To achieve this,
FAO campaigns the so-called ‘Forest Law Enforcement, Governance and Trade
(FLEGT) programme.’341 The FLEGT programme is guided with a mission to reduce
and eventually eliminate illegal logging.342 In its work, it promotes both legal
production and consumption of timber. The spirit behind this is that, decreasing illegal
logging of forests contributes to the Sustainable Development Goals through alleviating
335
Official website of the United Nations Food and Agriculture Organization (FAO). Retrieved March
24, 2023 from the World Wide Web: https://www.fao.org/about/en/.
336
ibid.
337
ibid.
338
Through this approach, FAO helps a move to archive the 2030 Agenda for Sustainable Development
and the Sustainable Development Goals (SDG).
339
340
ibid.
341
United Nations Food and Agriculture Organization (FAO)-Forest Law Enforcement, Governance and
Trade (FLEGT). Retrieved March 24, 2023 from the World Wide Web: https://www.fao.org/in-
action/eu-fao-flegt-programme/en/.
342
ibid.
60
poverty,343 ensuring food security,344 mitigating climate change345 and sustainable
management of forests.346
Along with specific attention on illegal logging deterrence, FAO works closely on
eliminating other human and non-human threats to forests sustainability. It
mainstreams biodiversity conservation in forest management and support countries in
their endeavours to manage forest fires and forest pests. 347 It supports forest restoration
projects, promotes cooperation on sustainable use and management of forest genetic
resources while improving forest education to increase global understanding of forests
and forestry.348
3.3.1.3 United Nations Environmental Programme

The United Nations Environmental Programme (UNEP) is the principal environmental
authority in the United Nations. It was established in 1972 and it serves as a global
environmental steward setting global environmental standards and promotes
implementation of environmental dimensions of sustainable development.349 Among its
key areas of concentration, UNEP focuses on climate change and ecosystem
management. Through its specific programmes on ecosystem management and climate
change, UNEP encourages global protection of forests with a view to mitigating
climate change and enhancing sound and sustainable management of the global
ecosystems including forests.350
Apart from its general mandates on climate change and ecological management, UNEP
is arguably playing a significant role in fighting illegal logging of forests. It is
343
SDG 1.
344
SDG 2.
345
SDG 13.
346
SGD 15.
347
348
ibid.
349
Official website of United Nations Environmental Programme (UNEP). Retrieved March 24, 2023
from the World Wide Web: https://www.unep.org/about-un-environment.
350
United Nations. United Nations Environmental Programme. (Office of Secretary-General’s- Envoy on
Youth). Retrieved March 24, 2023 from the World Wide Web:
https://www.un.org/youthenvoy/2013/08/unep-united-nations-environment-programme/.
61
evidenced that, in partnership with other international bodies, 351 UNEP plays a vital
role in tackling illegal logging and associated corruption, tax fraud and money
laundering.352 Efforts to fight illegal logging of forests are cantered on its grave threats
to sustainability of the global forest cover. Undoubtedly, illegal logging drives
deforestation, loss of biodiversity, climate change and ruins individual livelihoods.353
3.3.1.4 Inter-Agency Task Force on Forests

Inter-Agency Task Force on Forests (ITFF) is a United Nations forest-based task force
established in 2016.354 The purpose for the establishment of the ITFF is to promote a
holistic approach within the United Nations system to address trade in wild and forest
products.355 It similarly watches over law enforcement activities.356 It is an inter-agency
task force on its constitutive structure. It is constituted of members from CITES
secretariat, United Nations Development Programme, UNEP, United Nations Office on
Drugs and Crimes, Department of Economic and Social Affairs, Department of
Political Affairs, Department for Peacekeeping Operations, and Department of Public
Information.357
The ITFF works on effective enforcement of forest and wildlife laws while fighting
illegal trades in forest and wildlife products. In its mandates, the ITFF enhances
sustainable protection of forest resources and fights illegal logging through intervening
351
Especially in partnership with International Police (INTERPOL).
352
See Background Document on the Non-Legally Binding Instrument on All Types of Forests, the
Global Objectives of Forests, and the Millennium Development Goals: Actions Reported by Countries to
the United Nations Forum on Forests. p.12. Retrieved March 28, 2023 from the World Wide Web:
https://www.un.org/esa/forests/wp-content/uploads/2015/07/nlbi_background-document.pdf.
353
Fern. (2021). Why is it Important to Fight Illegal Logging? (FAQ 2021). Retrieved March 28, 2023
from the World Wide Web: https://www.fern.org/publications-insight/why-is-it-important-to-fight-
illegal-logging-faq-2303/.
354
United Nations Office of Drugs and Crime. (2017). First Major Event of UN Inter-Agency Task Force
Held in Bangkok, as Countries in Africa and Asia Unite to Address Wild Life Crime. Retrieved March
28, 2023 from the World Wide Web: https://www.unodc.org/unodc/en/frontpage/2017/July/first-major-
event-of-un-inter-agency-task-force-held-in-bangkok--as-countries-of-africa-and-asia-unite-to-address-
wildlife-crime.html.
355
Permanent Missions. (2017). Inter-Agency Task Force Launched to Combat Illicit Wild Trade.
Retrieved March 28, 2023 from the World Wide Web: https://www.un.int/news/inter-agency-task-force-
launched-combat-illicit-wildlife-trade.
356
ibid.
357
Permanent Missions. (2017). Loc. cit.
62
with illegal trades in forest products. In partnership with other agencies, the ITFF hold
forums with states on a reflection of states’ legal regimes. Through these forum
participants assess the best of their legislation in contexts of prohibition and
penalization of forest related offences and plan to strengthen their national legal
frameworks to combat wildlife and forest related crimes. 358 Tanzania has recorded its
participation in such forums.359
3.3.1.5 International Tropical Timber Organization

The International Tropical Timber Organization (ITTO) is an intergovernmental
organization for forests conservation and trade in tropical forest resources established
under Article 3(1) of the 1983 International Tropical Timber Agreement (ITTA).360 The
ITTA came into full operation in 1985, with subsequent iterations in 1994 and 2006.
The more recent ITTA 2006 came into force on 7 th December 2011 and it governs the
recent affairs of the ITTO.361 The objective of ITTO is to promote sustainable
management and conservation of tropic forests and regulate international trade in
tropical timber from sustainably managed and legally harvested forest. 362 It develops
internationally acceptable guidelines for sustainable forest management and implement
them through projects and field activities.363
The ITTO has influenced global forests protection, thus, it impacts both its members
and non-member states. This is viable through its commitment to regulate ‘trade in
forest produces legally harvested.’364 In a way, it guards against illegal harvest of forest
produces elsewhere, breach of which the ITTO denies regulation in its forest produce
358
United nations Development Programme. (2018). Strengthening Legal Frameworks to Combat
Wildlife Crime. Retrieved March 28, 2023 from the World Wide Web:
https://www.undp.org/publications/strengthening-legal-frameworks-combat-wildlife-crime.
359
ibid.
360
The International Tropical Timber Agreement, No.23317 UNTS 68. Vol.1393, I-23317 (1983),
entered into force in 1985.
361
Official website of the Australian Government Department of Agriculture, Fisheries and Forestry.
Retrieved March 24, 2023 from the World Wide Web: https://www.agriculture.gov.au/agriculture-
land/forestry/international/forums/itto.
362
Official website of the ITTO. Retrieved March 28, 2023 from the World Wide Web:
https://www.itto.int/about_itto/.
363
ibid.
364
ibid.
63
trading chain. Through its field actions, ITTO supports myriad activities targeting to
enhance forest law enforcement and tackling illegal logging. 365 It recognizes threats of
illegal logging in forests sustainability. It is on this basis that ITTO balances the two-
way interests; harvesting forests legally on the one hand, and sustainable management
of the world’s forest cover on the other hand.366
3.3.2 Domestic Institutional Framework

The institutional framework of forest protection in Tanzania is top-to-down based. This
is its basic feature. It starts from the MNRT down to the communities living in and/or
around the vicinity of forest reserves. It is an interactive structure with institutions for
specific and general forest protection functions. The institutional framework is
composed of institutions with administrative, advisory, detective, enforcement,
research and funding as well as specific reserve mandates.
3.3.2.1 Ministry of Natural Resources and Tourism: Forest and Beekeeping

Division
The FBD is one of divisions of the MNRT established as a merger result in 1985. 367 Its
overall objective is to develop, implement and monitor mechanisms for sustainable
conservation and management of forest and bee resources and services in Tanzania. 368
The division’s specific aspects of forest protection, management and conservation are
handled by its sub-division namely ‘Forest Development.’369 This sub-division is
tasked to develop, review, monitor and implement forest legal and policy instruments.
Again, it is mandated to regulate forest extension services and researches undertaken
by institutions and organizations.370 To coordinate and facilitate establishment and
management of forest reserves and to provide guidance in formation of community
365
Official website of the ITTO. Retrieved March 28, 2023 from the World Wide Web:
https://www.itto.int/about_itto/.
366
ibid.
367
Official website of the Ministry of Natural Resources and Tourisms (Tanzania). Retrieved March 18,
2023 from the World Wide Web: https://www.maliasili.go.tz/sectors/category/forest-and-beekeeping.
368
Official website of the Ministry of Natural Resources and Tourisms (Tanzania). Retrieved March 18,
2023 from the World Wide Web: https://www.maliasili.go.tz/sectors/category/forest-and-beekeeping.
369
ibid.
370
ibid.
64
forest management groups, among others.371 Most of its forest protection, conservation
and management functions are exercised by its subordinate institutions.372
3.3.2.2 The National Forest Advisory Committee

The National Forest Advisory Committee (NFAC) is a Ministerial advisory body
established under section 10(1) of the Forest Act. 373 Its constitutive members are
appointed by the Minister of Natural Resources and Tourism on the basis of, inter alia,
expertism, qualification and interest in aspects of forest management and market of
forest produces.374 The central function of the NFAC is to advise the responsible
Minister on matters relating to issuance of concessions, declaration of forest reserves
and review of the forest policy.375 Again, the NFAC plays a great role in advising the
responsible Minister on matters pertaining to the management of forest reserves. 376
When the Director of Forest is determining the respective authority to manage a
particular national forest reserve, a consultation needs to be made to the responsible
Minister.377 As a Ministerial advisory body, the NFAC is served with a report for
expert comments, which are mandatorily taken into account in such determination. 378
The functioning of the NFAC is statutorily regulated. In discharging its ordinary duties,
the NFAC follows prescribed requirements for meetings and procedural matters. 379
Markedly, in discharging its functions the NFAC is considerably autonomous with
mandates to regulate its own proceedings.380 In the course of its mandates, the NFAC is
duty bound to prepare annual report setting out their contemporary activities and
371
United Republic of Tanzania. (2010). Tanzania Forest Service: Strategic Plan, Ministry of Natural
Resources and Tourism, July 2010-June 2013. Retrieved March 18, 2023 from the World Wide Web:
https://www.tfs.go.tz/uploads/tfs_strategic_plan_2009 april_2010_1.pdf.
372
Especially the Tanzania Forest Service (TFS) Agency.
373
[Cap. 323 R.E. 2002].
374
ibid, section 10(2)(a).
375
ibid, section 10(4)(a) (b) and (d).
376
ibid, section 10(4)(c).
377
ibid, section 27(2) which reads together with sub section 1 there to and section 10(4)(c).
378
The Forest Act, [Cap. 323 R.E. 2002], section 27(5) which reads together with sub section 2 thereto
and section 10(4)(c).
379
ibid, the First Schedule.
380
ibid, paragraph 5(9).
65
indicating prospective future activities with a set of audited account to be handed to the
Minister who has to table the same before the Parliament.381
3.3.2.3 Tanzania Forest Service Agency

The Tanzania Forest Service (TFS) Agency is a semi-autonomous government
executive agency working under the MNRT.382 The TFS is established under section
3(1) of the Executive Agencies Act383 which empowers Ministers to establish
Executive Agencies when it is appropriate, to carry out functions in the departments
within their Ministries. It was then published through the Establishment Order via the
Government Notice No. 269/2010 and became operational in the financial year
2011/12.384 Notably, the TFS came as a result of institutional hindrances in the
management and conservation of forest and bee resources. Its inclusive mandates are to
manage national forest and bee resources sustainably through supply of myriad forest
and bee products and services, stable ecosystem and sound maintenance of biological
diversity.385
The specific mandates of the TFS in forest include; establishing and managing national
natural forest reserves, forest plantations and apiaries; managing forests in general land;
enforcing forest legislation in area of its jurisdiction; provide forest extension services
in areas of its jurisdiction; collecting forest revenue and marketing forest products and
services.386 Through its forest legislation enforcement mandates, TFS is mandated to
work on illegal logging deterrence within the area of its jurisdiction. Working with
other law enforcement machineries working on specific aspects of forest justice or
general criminal justice system, TFS is duty bound to fight illegal logging. This is
381
The Forest Act, [Cap. 323 R.E. 2002], first schedule, paragraph 6.
382
United Republic of Tanzania. (2014). Ministry of Natural Resources and Tourism, Tanzania Forest
Service Agency: Three Year Implementation Report for the Financial Year 2011/2012-2013/2014, p.2.
https://www.tfs.go.tz/TFS_THREE_YEARS_IMPLEMENTATION_REPORT_2011-2014.pdf.
383
[Cap. 245 R.E. 2009].
384
United Republic of Tanzania. (2014) Loc. cit.
385
Official website of the TFS. Retrieved March 18, 2023 from the World Wide Web:
https://www.tfs.go.tz/index/en/about/category/functions-and-mandate. Accessed 18 March 2023.
386
Official website of the TFS. Retrieved March 18, 2023 from the World Wide Web:
https://www.tfs.go.tz/index/en/about/category/functions-and-mandate. Accessed 18 March 2023.
66
through apparent deterrence of illegal forest practices strictly prohibited and/or
criminalized under the forest legal regime in Tanzania.
3.3.2.4 Tanzania Forest Fund

The Tanzania Forest Fund (TaFF) is a public conservation trust fund under the MNRT,
established as a sustainable funding mechanism for supporting forests protection,
conservation, management and development in Mainland Tanzania. 387 The fund is
established under section 79(1) of the Forest Act. 388 It became operational in 2010
through Treasury Circular No. 4 of 2009.389 Section 80 of the Forest Act390 sets out the
objects and purposes of the TaFF. In the first place, TaFF endeavours to promote
awareness on significances of protecting, developing and sustainably using of forest
resources through public education and training.391 As a forest fund, TaFF provides
financial assistance in the development of community forestry directed towards
conservation and protection of forest resources of the country, to group of persons
wishing to form themselves into groups.392
The fund engineers forest researches. On the one hand, TaFF promotes and fund
researches into forestry under its very capacity. 393 On the other hand, it assists and
enables Tanzanians to benefit from international initiatives and international funds
directed towards conservation and protection of biological diversity and the promotion
of sustainable development of forest resources.394 Through funding researches, TaFF
plays a vital role in protection of forest resources. It gathers up-to-date information on
threats to forest sustainability and disseminate findings for action. It has been, through
its calls for research projects, designing forest protection priority areas to gear
387
Official website of the TaFF. Retrieved March 18, 2023 from the World Wide Web:
https://www.mfukowamisitu.go.tz/index.php/about/who-we-are.
388
[Cap. 323 R.E. 2002].
389
Official website of the TaFF. Retrieved March 18, 2023 from the World Wide Web:
https://www.mfukowamisitu.go.tz/index.php/about/who-we-are..
390
[Cap. 323 R.E. 2002].
391
ibid, section 80(a).
392
ibid, section 80(b).
393
The Forest Act, [Cap. 323 R.R. 2002], section 80(c).
394
ibid, section 80(d).
67
researches. For instance, researches on improving forest protection, conservation and
management; improving quantity quality and value addition for sustainable use of
forest produce; enhancing capacity building; improving livelihood of communities
living adjacent to forest resource base; tree nurseries and tree planting among others.395
3.3.2.5 Local Government Authorities

Local Government Authorities (LGAs) are mandated with forest protection roles both
under local government and environmental legislation. The Local Government (District
Authorities) Act396 obliges every District Council to take all necessary measures to
provide for the protection and proper utilization of the environmental resources for
sustainable development.397 This implies mandate to intervene and deter activities
threatening sustainability of natural resources inclusive of illegal logging of forests.
The Local Government (Urban Authorities) Act,398 on the other hand, requires Urban
Authorities to take measures for the conservation of natural resources. 399 Mandates to
assume measures for conservation of natural resources signifies Urban Authorities’
obligation to protect forest resources against illegal logging among other threats to
forests’ sustainability.
The Environmental Management Act400 designates in each City, Municipal, District

and Town Council an Environmental Management Officer, who exercises general and
specific environmental and natural resources management roles. 401 The Environmental
Management Officer is statutorily required to possess both general education
qualification and specific competence in environmental management. 402 Among other
responsibilities, the Environmental Management Officer is duty bound to promote
395
See for instance the TaFF 2023 Call for Proposals to Request Grants. Retrieved March 10, 2023 from
the World Wide Web:
https://www.mfukowamisitu.go.tz/uploads/TANZANIA_FOREST_FUND_CALL_OF_PROJECT_PRO
POSALS_2023.pdf.
396
[Cap. 287 R.E. 2002].
397
ibid, section 122(1)(g).
398
[Cap. 288 R.E. 2002].
399
400
No.20 of 2004.
401
402
68
awareness on the protection and conservation of natural resources. 403 Again, he is
required to gather and manage information on utilization of natural resources within the
area of his jurisdiction.404
Deliberate forest conservational measures including engagement of the local

community through promotion of awareness are seemingly the centre of LGAs role in
forest protection. This is important since LGA units are primary protectors of forest
resources. To ensure that LGAs are actively engaged in forest protection, the Forest
Act405 requires the Director of Forest to use his best endeavours to ensure that all LGAs
and associations of local authorities are consulted and kept posted about legal
requirements for management of forests.406
3.3.2.6 The Community Forest Management Group

The Community Forest Management Group presupposes civilian forest management
initiatives. These are groups formed by persons who are members of a village or who
are living in or near to a forest or who are desirous of managing a forest reserve or part
thereof.407 These groups are usually formed on forest land owned either by central or
local government.408 Formation and operation of these groups is governed by myriad
cardinal principles. Essentially, potentiality of membership, operational procedures and
arrangement for management are statutorily regulated. 409 Functions exercisable by
these groups include establishment and management of forests reserves, reviewing the
existing customs, practices and rights of the members with respect to use of forests;
403
The Environmental Management Act, No.20 of 2004, section 36(3)(c).
404
ibid, section 36(3)(d).
405
[Cap. 323 R.E. 2002].
406
ibid, section 8(1).
407
408
Bromley, T. and Iddi, S. (2009). Participatory Forest Management in Tanzania (1993-2009): Lessons
Learned and Experience to Date. United Republic of Tanzania-Ministry of Natural Resources and
Tourism (Forest and Beekeeping Division). Retrieved March 18, 2023 from the World Wide Web:
https://www.un-redd.org/sites/default/files/2021-10/PFM%20IMPACT%202009.pdf.
409
The Forest Act, [Cap.323 R.E. 2002], section 42(2) (a-d).
69
and, abolish those customs, practices and rights if in the opinion of the group they
would like to impede the management of the community forests reserves.410
Similarly, the Community Forest Management Group may make rules to facilitate
management of community forest reserves.411 In respect of forest reserves under their
management, they are mandates to collect revenues from fees, royalties and charges. 412
Further, they assist in facilitating the implementation of any forests management plan,
to comply with and assist in the enforcement of any rules. 413 The essence of
Community Forest Management Group is to let the communities own, manage and co-
manage forests under a wide range of conditions and management arrangements. The
Forest Act is notable in embracing the principle of subsidiarity. Through its objective
setting, it aims to delegate responsibility for management of forest resources to the
lowest possible level of local management.414
3.4 Conclusion
This chapter has presented the legal and institutional framework of forest protection
globally and in Tanzania. It has been noted that the global legal framework on forest
protection remains fragmented. To date, there is no a single comprehensive global
instrument on forests protection. Nonetheless, the analysis of existing separate
international instruments concerning specific aspects of ecological governance has
shown a relatively comprehensive global forest protection legal framework. Binding
and non-binding bilateral and multilateral agreements prohibits threats to forest
sustainability including illegal logging. Analysis of global institutional framework on
forests protection has depicted that there are institutions within and outside the auspice
of the United Nations responsible for protecting forests. However, a big number of
actively working global institutions on forest protection is under the auspice of the
United Nations.
410
The Forest Act, [Cap.323 R.E. 2002], section 46(1) (b).
411
ibid, section 46(1) (c).
412
ibid, section 46(1) (f).
413
ibid, section 47 (c) (d).
414
ibid, section 3(c).
70
A specific attention on the domestic legal framework has depicted that the forest legal
regime is seemingly comprehensive of protective provisions. It has been noted that the
laws in place strictly prohibits illegal logging of forests by express deterrence of illegal
entry, harvesting without licence, illegal exportation and transportation of forest
produces, unlawful possession and trade in forest produces. It has also been noted that
the law criminalizes certain specific acts with penal sanctions to include fine,
confiscation and imprisonment. Analysis of the legal framework has demonstrated a
top-down forests protection structure. It has been noted that forest protection in
Tanzania is regulated from ministerial level to community level. This is because the
forest legal set-up is subsumed to, inter alia, an object to delegate responsibility for
management of forest resources to the lowest possible level of local management. The
next chapter is on research findings.
71
CHAPTER FOUR
DISCUSSION OF FINDINGS
4.1 Introduction
This chapter discusses the findings of the study in respect of the research guiding
objectives and questions. The research questions guiding this study were three: Firstly,
what does the existing legal framework relating to forests protection provide in relation
to curbing illegal logging? Secondly, what are the legal and practical challenges in
protecting forests against illegal logging in Tanzania? Thirdly, what measures should
be put in place to strengthen the protection of forests from illegal logging? Section 4.2
responds to the first research question; where sections 4.3 and 4.4 address the second
research question. The third research question is addressed in chapter five of this study.
4.2 Legal Mechanisms for Curbing Illegal Logging of Forests

Overcoming the perils of illegal logging requires the establishment of strong legal
measures. In chapter three of this study, a description of the laws deployed to curb
illegal logging of forests is provided. 415 This section emanates from that discussion to
draw key findings on the contribution of the established legal framework in curbing
illegal logging of forests.
4.2.1 Prohibition of Illegal Harvesting of Forests Produce

Illegal harvesting of forests is the starting point of the chain of illegal logging. 416 Thus,
the law prohibits entry into forest reserves and harvest forests produce without permits
or licences.417 This prohibition operates as deterrence to illegal harvest of forests
produce. The law prohibits the transferability and/or negotiability of licences or
permits.418 Thus, only permit or licence holders are authorised to harvest forests. This
requirement limits the influx of forest loggers over a single permit. The law restricts the
415
See a discussion on the ‘legal and institution framework on forests protection against illegal logging
in Tanzania’ addressed under Chapter Three of this work. The specific discussion is addressed under
item 3.2 of this dissertation.
416
Guentin, C. E. (2003). Loc. cit.
417
418
ibid, 23(2).
72
harvesting to the terms and conditions of the permit or licence, 419 thereby controlling
overharvesting. Execution of a permit or licence to harvest forests produce is restricted
in terms of the quantity of produce, species to be harvested and the duration of
harvesting. It is submitted in this study that legislative restriction of harvesting to the
conditions of the permit or licence is crucial for curbing illegal logging. This is because
although the major test for unlawfulness of harvesting forests produce is seemingly
lacking licence, permit or other lawful authority, one may commit illegal logging
practices by harvesting in contravention of the licence or permit descriptions. Likewise,
possessing a valid permit may not be sufficient to deter illegal logging unless the law
sets mechanisms for compliance with conditions for grant of such permits. To that end,
a licence or permit may be revoked where the holder breaches the prescribed
conditions.420
4.2.2 Prohibition of Unlawful Exporting of Forests Produce

The law prohibits the exportation of forests produce without a valid export certificate.
The law requires exported forests produce, especially timber, to be accompanied by
export certificate which is issued in respect of graded timber. 421 The law restricts
issuance of export certificate to a satisfaction of grading and that grading of each piece
of timber should accord with the marks thereon. 422 This requirement is important since
grading is only in respect of lawfully harvested forests produce. Hence, the issuance of
an export certificate serves as clearance of the lawfulness of exported forests produce.
Restricting exportation of timber to holders of valid export certificates is vital since

harvesters may not necessarily be exporters. Therefore, to ensure that exported forests
produce was also legally harvested, there should be proof of authority. In such a way,
419
The Forest Act, [Cap. 323 R.E. 2002], sections 52(1) and 56(6). See the Forest Regulations,
Government Notice No. 153 of 2004, regulation 22(1). See also the Forest (Sustainable Utilization of
Logs, Timber, Withies, Poles or Charcoal) Regulations, Government Notice No. 417 of 2019, regulation
9.
420
The Forest Act, [Cap. 323 R.E. 2002], section 56(6). See also the Forest Regulations, Government
Notice No. 153 of 2004, regulation 22(1).
421
The Forest Act, [Cap. 323 R.E. 2002], sections 58(2).
422
ibid.
73
whoever exports forest produce is under duty to prove legality through showing a valid
export certificate. In absence of a valid export certificate, officials in checkpoints may
easily notice illegality in harvesting the exported forests produce.
4.2.3 Prohibition of Unlawful Transportation of Forests Produce

The existing forest legal regime prohibits unlawful transportation of forests produce. In
the first place, the law prohibits transporting forests produce harvested in contravention
of the law.423 This implies that legality of transportation of forests produce depends on
the legality of harvesting. This requirement is significant in curbing illegal logging of
forest because transportation of forests produce requires proof of authority to harvest.
To ensure that transportation of forests produce is not employed to effect illegal
logging, the law requires transporters to obtain a transit pass. 424 A transit pass specifies
the type of forests produce transported, carrying on track and specific routes. To start
with specification of type of forest produce, this study found that this requirement is
important in deterring illegal forest dealings since it deters transportation of forests
produce than those specified in the transit pass. To ensure that this requirement is
abided with, the law obliges the owner of any means of transport not to accept any
forests produce for transportation unless the forests produce concerned is covered
under a valid transit pass.425 This requirement ensures that the means of transport are
not deployed to transport illegal forests produces.
Another aspect is the requirement of the law that forests produce should be transported
on a track and through the routes prescribed in the licence or transit pass as the case
may be.426 This study found that this requirement serves as a way to deter
transportation of otherwise illegally harvested forests produce. This is because it
423
The Forest Regulations, Government Notice No. 153 of 2004, regulation 3(1). See also the Forest
(Sustainable Utilization of Logs, Timber, Withies, Poles or Charcoal) Regulations, Government Notice
No. 417 of 2019, regulation 16(1).
424
425
426
74
restricts deviation of specified routes.427 Compelling transportation through the defined
routes simplifies inspection of transported forests produce in checkpoints where
transported forests produce than those specified may easily be noticed. Achieving a
well-regulated transportation of forests produce requires instant inspections. This study
found that regulating transportation routes enhance attained such objective. It is made
possible because this requirement avoids deviation of routes for the sake of transporting
forests produce which may have otherwise been illegally obtained.
Analysis of the legal regime has depicted that another significant requirement in
transportation of forests produce is time. The law prohibits, on the one hand, delaying
transportation or removal of forests produce within prescribed time 428 and, on the other
hand, transporting forests produce at any time before 06:00am or after 06:00pm.429 This
study found that the first prohibition is meant to cure unnecessary delay of forests
produce removal. Thus, it ensures that licenced harvest is fully executed within the
permitted time. This requirement avoids forest dealings after the expiration of licence
even though the forests produce were harvested legally at the time the licence was still
operational. Consequently, forests produce which remains unremoved from the forest
reserve after expiration of the licenced period or the extended period are forfeited. 430
The second prohibition intends to control transportation of illegal forests produce
during night hours. This study found that this prohibition, unquestionably, seeks to
control transportation of illegally obtained forests produce. This is because, on the one
hand it demands transportation of forests to be carried out during day hours to easing
inspection in checkpoints, while on the other hand it prohibits night hours
transportation as it is difficult or occasionally impossible to conduct thorough
inspection.
427
428
The Forest Regulations, Government Notice No. 153 of 2004, regulation (8)1.
429
430
75
Again, this study found that the existing legal regime is designed in a way to ensure
that acts of unlawful transportation of forests produce are backed up with sanctions.
The law makes it an offence to operate or cause to operate vehicles to transport forests
produce unlawfully harvested.431 This aspect of criminalization burdens transporters
and track owners, who in most cases are not forest dealers, to ensure that they satisfy
themselves on the legality of such produce. During transportation, it is an offence to
deviate the roads or routes specified in the transit pass. 432 As stated herein above, this
ensures effective inspections. Similarly, it is an offence to transport or move forests
produce without forest produce allocation certificate, transit pass, licence to fell and
collect forest produces, certificate for registration as a forest produce dealer and a
government receipt.433 The law requires that he who transports forests produce should
have documents which shows registration and authorization to deal with forests
produce including proof of payment of government fees. In absence of the prescribed
documents on transit, the transporter commits an offence and the law sets
corresponding sanctions.434
4.2.4 Prohibition of Unlawful Possession of Forests Produce

The existing forest legal framework prohibits persons without authority to take, receive
or possess forests produce.435 The lawful authority of such possession depends on
possession of valid licences, permits and certificates as the case may be. The essence
here is that they must be harvested legally so that they can be possessed lawfully. This
study found this prohibition significant in protecting forests against illegal logging. One
of the significant pillars of illegal logging is entering possession of forests produce
unlawfully. Thus, prohibiting and sanctioning such unauthorized possession is with the
effect to deter illegal logging of forests. The law makes it an offence to whoever
431
The Forest Act, [Cap. 323 R.E. 2002], section 89(b).
432
433
ibid, regulation 20(3). See also the Forest Act, [Cap. 323. R.E. 2002], section 89(h).
434
ibid, regulations 16(3) (a) (b) and (c) and 20(3).
435
The Forest Act, [Cap. 323. R.E. 2002], section 88.
76
unlawfully possesses forests produce and on conviction that person is liable to a fine 436
or imprisonment term in default to pay the fine 437 and, confiscation of forests produce
unlawfully possessed.438 This study found the prohibition, penal criminalization and
sanction of unlawful possession of forests produce important in curbing illegal logging.
This is especially significant since illegal loggers may successfully harvest and
transport forests produce illegally. Thus, prohibiting and sanctioning unlawful
possession of forests produce save as a cure in the event harvesting and transporting
legal restrictions were avoided.
4.2.5 Prohibition of Unauthorized Trade in Forests Produce

Analysis of the existing forest legal regime has depicted that the law prohibits certain
acts of trade in forests produce. In the first place, the law prohibits any person without
lawful authority to offer for sale or buy forests produce harvested in contravention of
the law.439 This study found this prohibition significant in curbing illegal logging since
its chain characterizes trade. It is the finding of this study that this prohibition is meant
to ensure that the chain of forests produce dealings is mannered by authorized dealers
even during the process of sale and purchase.
For the purpose of sale in forests produce, a person is an authorized seller only if he or
she is registered as a forest produce dealer. It is the requirement of the law that no
person shall deal with or trade in forest produces without applying for and obtain a
certificate of registration as a forest produce dealer or trader. 440 Therefore, this
certificate authorizes a person to engage in forests produce trade, in absence of which
the trader becomes illegal forest dealer. For the buyer to assume lawful possession
upon purchase of forests produce, he or she is obliged to obtain copies of the seller’s
436
The Forest Act, [Cap. 323. R.E. 2002], section 88.
437
Government Notice No. 417 of 2019, regulation 16(3)(b).
438
ibid.
439
The Forest Act, [Cap. 323 R.E. 2002], section 89(d).
440
77
authoritative documents.441 Consequently, this requirement deters illegal forest dealings
during the process of sale and purchase. The seller must have documents authorizing
dealings, the buyer must obtain copies of such documents in absence of which one is
condemned illegal logger. To ensure that such prohibitions are given effect, the existing
legal regime criminalizes and sanctions acts of unlawful trade in forests produce.442
4.3 Legal Challenges Undermining the Protection of Forests against Illegal

Logging
The discussion addressing the Tanzania’s legal framework on forests protection in the
previous chapter has depicted that there are statutory laws ranging from principal to
subsidiary legislation on the matter. The above discussion has revealed that such legal
regime prohibits, criminalizes and punishes illegal logging practices. However, such
legal regime is questionable of its sufficient and lenient sanctions and unclear
construction of some offences. This section discusses these legal challenges which
undermine protection of forests against illegal logging.
4.3.1 Insufficient and Lenient Sanctions

Forest-related offences attract, in most cases, fines and imprisonment terms under the
Forest Act.443 Outside this Act, the existing legal regime depicts that two forest
offences relating to listed wild plants and trade in forests produce falls and are
sanctioned under the Economic and Organized Crime Control Act (EOCCA). 444 These
offences are established under sections 86 and 89 of the Forest Act 445 respectively. The
offence of trade in forests produce falls under the scope of this study. Notwithstanding
the punishment provided under the Forest Act,446 this offence attracts imprisonment of
441
442
The Forest Act, [Cap. 323 R.E. 2002] section 89 as amended by section 28 of Written Laws
(Miscellaneous Amendment) (No.2) Act, No.4 of 2016. This section reads together with Paragraph 33 of
the First Schedule to, and sections 57(1) and 60(2) of the Economic and Organized Crimes Control Act
[Cap. 200 R.E. 2022].
443
[CAP 323 R.E. 2002], Part XI.
444
[CAP 200 R.E. 2022], paragraph 33 of the First Schedule to the Act.
445
[CAP 323 R.E. 2002].
446
ibid.
78
a term not less than twenty years but not exceeding thirty years under EOCCA. 447 In
addition, the law provides for confiscation to the government of any instrumentalities
or proceeds derived from the offence committed.448 Nonetheless, since section 89 of the
Forest Act449 only covers trade in forests produce, illegal forest acts constituting such
offence are only those with aspects of trade. Therefore, save such acts triable and
sanctioned under EOCCA, other forest-related offences are punished under the Forest
Act and its Regulations, which this study finds to have relatively lenient sanctions as
discussed herein bellow.
The Forest Act450 and its Regulations punish offenders to fines ranging between thirty
thousand to ten million shilling.451 The law makes it an offence to transport or move
forests produce without forest produce allocation certificate, transit pass, licence to fell
and collect forest produce, certificate for registration as a forest produce dealer and a
government receipt.452 This is undoubtedly the centre of forest dealing criminalization
since it touches authorization to deal with forests produce. Nonetheless, this offence
attracts a punishment of fine not less than five million shillings but not exceeding ten
million shillings or imprisonment of a term not less than three years but not exceeding
five years.453 The law sets ten million as the maximum fine. This amount of maximum
fine may be occasionally unrealistic and lenient. In the event the forest dealer transport
forests produce worth millions or billions of shillings, imposition of a fine of five to ten
million is without deterrence effect.
An offence of unlawful possession established under section 88 of the Forest Act 454
attracts a fine of not less than one hundred thousand shillings but not exceeding five
447
[CAP 200 R.E. 2022], section 60(1).
448
449
[CAP 323 R.E. 2002].
450
ibid.
451
ibid, section 84(5). See also the Forest (Sustainable Utilization of Logs, Timber, Withies, Poles or
Charcoal) Regulations, Government Notice No. 417 of 2019, regulation 20(3).
452
ibid.
453
ibid.
454
[CAP 323 R.E. 2002].
79
million.455 This is similarly lenient. In the event unlawful possessor is in possession of
forests produce worth millions or billions of shillings, imposing a fine of one hundred
thousand to five million is without deterrence effect. Thus, this study found that in
some of forest-related offences, the existing legal regime imposes relatively lenient
sanctions. Such lenient sanctions, neither threats nor discourage illegal logging.
Therefore, lenient sanctions which lacks deterrence effect undermines protection of
forests against illegal logging, since illegal loggers may be able to pay such fines easily
given the profit they obtain. Consequently, illegal logging practices escalate since fines
imposed are relatively lenient compared to the benefit gained in such dealings. Unlike
conventional crimes, forest-related crimes largely affect individuals, economy and
nature. Therefore, to curb illegal logging practices is inevitable while severe and
deterring punishments are required.
Analysis of the existing legal regime depicts that most of forest-related offences are
punished by fines or imprisonment. The language often employed is, the offender shall
be liable to a fine or imprisonment term. The principle is that in the event an offence is
punishable to a fine or a term of imprisonment, the imposition of fine or imprisonment
is the matter of courts’ discretion. 456 The interviewed Magistrate informed this study
that the exercise of such discretion has often been in favour of imposition of fines over
imprisonment.457 This was similarly supported by the interviewed State Attorney. 458
Therefore, this study found that, in most cases, offences relating to forests are punished
by imposition of fines. In absence of severe fines with deterrence effect, efforts to
curbing illegal logging are undermined, since existing fines are easily payable. Makoye
455
The Forest Act, [Cap. 323. R.E. 2002], section 88 as amended by section 28 of Written Laws
(Miscellaneous Amendment) (No.2) Act, No.4 of 2016.
456
The Penal Code, [Cap. 16 R.E. 2019], section 29(a).
457
Information obtained through interview conducted with a Resident Magistrate-Kilosa District Court
(Morogoro) in March 2023.
458
Information obtained through interview conducted with a State Attorney-serving in Kilosa District
and a Senior State Attorney-serving in Morogoro Municipal Council (Morogoro) in March 2023.
80
rightly noted that fines and penalties imposed to illegal loggers are relatively low. 459 In
his views, these low fines do not deter illegal logging since offenders can easily pay. 460
This study submits in the same order. It finds that low fines never deter illegal loggers,
consequently, they undermine the efforts to curbing illegal logging in the country.461
4.3.2 Unclear Construction of Some Offences and Sentences

Analysis of the existing forests protection legal framework depicts unclear construction
of some offences and sentences. Consequently, such construction undermines
prosecution of such offences or awarding such sentences. For instance, the Forest
Act462 establishes an offence of unlawful possession of forests produce. It requires that
to prove such offence ‘one should be found in possession of forests produce with
respect to which an offence against the Forest Act has been committed.’463 This implies
that there should be an independent offence under the Forest Act in relation to the
forests produce in possession. For instance, the forests produce in question should have
been harvested illegally or transported through illegal. This study found that this
construction restricts prosecution of certain acts of possession of forests produce which
may otherwise be threatful. This is mainly because in forest dealings, one may enter
possession of forests produce in circumstances which are logically threatful, without
committing a separate offence under the Forest Act, as it is required to establish an
offence of unlawful possession.
Notably, the existing forest protection legal regime does not criminalize acts such as
possession of forest produce after expiration of licence. Nonetheless, extended
possession is logically unlawful especially when it is maintained negligently or with a
dishonest motive. Consequently, although extended possession after expiration of
459
Makoye, K. (2015). How to Stop Illegal Logging in Tanzania, (World Economic Forum 2015).
Retrieved April 4, 2023 from the World Wide Web: https://www.weforum.org/agenda/2015/01/how-to-
stop-illegal-logging-in-tanzania/.
460
ibid.
461
For instance, in the would-be grave forest deterioration due to illegal logging, the offender is fined to
the tune of one hundred thousand. See for instance Robert Yohana vs Republic (Criminal Appeal No. 20
of 2021) [2021] TZHC 4284 (26 July 2021).
462
[Cap. 323 R.E. 2002].
463
81
licence may be logically unlawful, it cannot be punished since such act cannot meet the
construction of unlawful possession. Therefore, this study found that the existing
construction of an offence of unlawful possession of forest produces undermine the
effort to fighting illegal logging practices through their effective prosecution, since it
creates a loophole through which logically unlawful possession acts may not be
prosecuted successful. In Director of Public Prosecutions vs Danford Roman @
Kanani464 the accused person was alleged to have interred unlawful possession of 5,200
pieces of timber. The charge against him was merely unlawful possession of the said
timber. The court found in the accused’s favour on the ground that the charges were
merely of unlawful possession of the said pieces of timber in absence of a separate
offence against the Forest Act in respect of such possession to qualify an offence of
unlawful possession of forests produce. Therefore, this study found that this
construction restricts punishing logically unlawful lone standing acts of possession of
forest produce which are likely to be committed and they are very often in forest
dealings.
With regard to unclear sentences, the Forest Act 465 imposes the punishment of
forfeiture. The language used is confiscation of ‘anything’ used in the commission of
the offence.466 The term ‘anything’ can simply be translated to include harvesting,
transporting or processing implements in relation to illegal forests produce.
Nonetheless, the law does not specify whether confiscation covers only properties
owned by the convict or even properties not owned by the convict but used in
commission of a forest crime. Consequently, it has brought different interpretations by
courts in circumstances where some confiscated implements were ordered by higher
courts to be returned. Although a plain interpretation would seem to make a question
“who owns” irrelevant, that has not been the approach by courts. In Juliana Seki
Mwakatagwe vs The Republic & Two Others,467 the applicant filed a revision before the
464
(Criminal Appeal No. 236 of 2018) [2019] TZCA 295 (9 September 2019).
465
[Cap. 323 R.E 2002].
466
ibid, section 97(1) (b).
467
(Criminal Application No. 59 of 2022) [2022] TZHC 15241 (8 December 2022).
82
High Court to challenge motorcycle confiscation order made by the District Court.
Before the District Court, two accused persons who were using the applicant’s
motorcycle to transport forests produce illegally, were found guilt and convicted.
Following that conviction, the District Court ordered forfeiture of the motorcycle used
in the commission of the said offence. The appellant successfully challenged the
forfeiture and the High Court ordered return of the said motorcycle to applicant. It was
the reasoning of the court that the applicant was neither among the accused persons nor
was she called to show causes why her property should not be forfeited.
Analysis of this case depicts two major observations. On the one hand, while the
District Court interpreted that ‘who owns’ the motorcycle is irrelevant, the High Court,
on the other hand, found that the question is relevant. 468 While one would think
forfeiture sentence is construed irrespective of whether the convict is the owner or not,
the courts of record construe the sentence otherwise. This study found that different
interpretation is a result of such construction. This is likely to affect the relevance of
confiscation punishment which is ostensibly of relatively sufficient deterrence effect. In
offences relating to illegal transportation of forests produce drivers may not necessarily
be owner of trucks. In most cases those who are caught on routes are mere drivers.
Consequently, in many cases non-ownership may be an excuse. Supposedly, even if
illegal business is of the owner, the caught may easily collude with the owner to deviate
the truth so that trucks are not confiscated for disposal. As a result, this undermines
efforts to fight illegal logging of forests.
468
Novatus Anselimi Moshy vs The Republic (Criminal Appeal No. 31 of 2021) [2022] TZHC 9535 (13
May 2022) depicts the similar incident. Following conviction on unlawful possession of forest produce,
the district court ordered forfeiture of a Lorry Fuso RN.731 CVA used to carry the produce. The
appellant challenged the forfeiture order successful on the ground that the truck did not belong to the
convict.
83
4.4 Practical Challenges Undermining the Protection of Forests against Illegal
Logging
Through in-depth interviews with field respondents and documentary review, this study
sought to explore practical challenges in curbing illegal logging of forests. Those
challenges are discussed below:
4.4.1 Absence of Qualified Staff and Limited Material Resources for Forest
Patrols at the TFS
Lack of staff with qualifications to undertake forest patrols at the TFS was found to be
one of the challenges undermining efficiency in protection of forests against illegal
logging. It was revealed that, although the TFS mandates require field operations, the
agency is lacking qualified military personnel for such operations. 469 It was further
revealed that this is mainly because the TFS is still a civil-agency under transformation
into military-agency.470 Being a civil-agency, the TFS is mannered with officials who
are not qualified to undertake field patrols. 471 It was revealed that the TFS is working
with semi-trained forest guard officers, simply went through a short-time programme
meant to equip them with elementaries in forest patrols. 472 It was further revealed that
such programme does not acquaint them with sufficient qualifications for forest field
missions, drawing from the qualifications required under its resembling agency, the
Tanzania National Parks.473 Drawing an impression from the Tanzania National Parks,
it was revealed that the TFS is expected to transform to a military agency, to have a
full-military programme for its patrol officials. 474 As such, having qualified military
personnel was alleged difficult since the TFS is still a civil-agency. 475 Being the
information from TFS officials, this study accedes to, in absence of similar views from
469
Information obtained through interview conducted with a TFS-Forest Protection Officer (Morogoro)
in February 2023.
470
ibid.
471
ibid.
472
Information obtained through interviews conducted with a TFS-Forest Protection Officer & a TFS-
Head of Forest Patrol (Morogoro) in February 2023.
473
ibid.
474
ibid.
475
ibid.
84
other respondents. The effect of the current state of the TFS set-up is that it cannot
conduct effective forest patrols with a view to detecting illegal loggers. It should be
noted that, allegedly, most of illegal loggers are found well-armed and ready to battle
patrol officials.476 This implies that in absence of well-trained forest patrol officials,
efforts to protect efforts are undermined. This is mainly because illegal loggers may not
always be detected and fought against, especially during harvesting of forests produce.
It was also found that insufficient material resources for forest patrols at the TFS is one
of the challenges undermining efficiency in protection of forests against illegal logging.
It was revealed that the TFS is lacking enough cars for instant forests inspection and
visitation.477 The TFS officers claim that they don’t have enough special cars for
routine forest patrols. Forest patrol officers revealed that sometimes they lack
motorcycles to reach mountainous forests. 478 This view was supported by community
members living adjacent forest reserves who maintained that there are no regular
patrols.479 Local leaders were of the same view that forest patrols are rarely conducted
in their surrounding forests.480 It seems therefore that there is no routine, sudden and
periodic forest patrol. The impact of insufficient forest patrols is that it creates a more
relaxed atmosphere for illegal forest dealings. This is mainly because instant forest
patrol plays a vital in detecting and arresting illegal loggers, especially those who
practices illegal forest activities within vicinity of forests. Similarly, instant forest
patrol threatens illegal loggers and discourages unauthorized entries. Therefore, in
absence of routine and sudden forest patrols, illegal logging escalates.
476
Information obtained through interview conducted with TFS-Forest Patrol Officers (semi-trained
forest guard officers) (Morogoro) in February 2023.
477
478
479
Information obtained through interview conducted with Community Members in Ruaha and Ihombwe
Villages, in March 2023.
480
Information obtained through interview conducted with Village Chair persons and VEOs in Ruaha
and Mkangawalo Villages, in March 2023.
85
Further, it was found that when the TFS manages to conduct forest patrols using its
semi-trained forest guards, they similarly lack weapons. 481 Forest patrol officers
reported that they are not mannered with weapons, and usually resorts to using local
weapons.482 This was confirmed by TFS officials who still based the argument on the
ground that the TFS is a civil-agency, thus, it has no enough infrastructures for
undertaking activities which requires a fully military-based agency. 483 This affects
efficiency in such patrols. This is mainly because sometimes illegal loggers are mostly
found deep in forests, well-armed and occasionally ready to battle patrol officers. This
is possible, for instance, when an illegal logger is found having harvested so many
pieces of timer or charcoal, and s/he is not ready to easily surrender and face arrest for
further legal processes. As a result, such patrols become of no significance in
protecting forests. This is mainly because curbing illegal logging starts with detecting
its chain. Often, the chain of illegal logging commences with illegal entries and
harvesting forests produce. Thus, its detection is effective only if instant, continuous
and effective forest patrols are conducted. Therefore, in absence of promising resources
to protect forests, illegal logging of forests escalates while efforts to fight it are
undermined.
4.4.2 Corruption among Responsible Forest Protection Officials

Corruption among responsible officials was found to be one of the reasons that hinder
efficiency in prosecution of illegal logging cases. Some forest officials pointed out that
some local leaders are occasionally corrupted by illegal loggers to hide their identities
during investigation.484 In addition, corrupt practices among local leaders turn them
unready to disclose information that implicates the suspects during prosecution of
481
482
ibid.
483
484
86
illegal logging cases.485 It has to be noted that, local leaders are the key stakeholders in
forests protection against illegal logging. Thus, in the event their role is compromised,
efforts to fight illegal logging are undermined. This is mainly because, local leaders are
the first authority who encounter with suspects, and therefore they have a key role to
play in the prosecution process. Hence, in absence of active roles of local leaders as a
result of corruption, protection of forests against illegal logging is undermined. This is
because corruption may affect exercising their roles as local forest protectors and local
supporters of investigation and prosecution of illegal logging acts. Instead of disclosing
illegal loggers, they may turn a blind eye to them, in turn of bribes. As a result, illegal
loggers go unpunished.
This study also found that, forest officials are reportedly alleged to receive bribes
during the process of permits grant and clearances. 486 In the first place, licenced forest
dealers revealed that those who illegally operate forest business especially due to
expiration of licences, they bribe forest officials who turns a blind eye to them as if
they still have active licences.487 It was also revealed that forest officials demand bribes
during fresh grant and renewal of permits even when a person qualifies. 488 In response
to this, forest officials were of the view that forest dealers always try to avoid paying
government taxes and they normally try to bribe forest officials.489 However, VEOs and
WEOs490 were concerned about corruption on the part of forest officials on account that
they receive such complaints on a regular basis. It seems therefore that corruption on
the part of forest officials exists. The effect of corruption in this process is that, when
qualified forest dealers are denied permits for failure to pay demanded bribes, they may
485
(Morogoro) in March 2023.
486
Information obtained through interview conducted with a Forest Dealer in Morogoro Municipal
Council in March 2023.
487
ibid.
488
Information obtained through interview conducted with Forest Dealers in Morogoro Municipal
Council and Kilosa in March 2023.
489
Information obtained through interview conducted with a TFS-Forest Protection Officer & a TFS-
490
Information obtained through interview conducted with VEO and WEO in Kilombero District and in
Morogoro Municipal Council in March 2023.
87
turn into illegal loggers. Similarly, the unqualified applicants may be granted with
permits when they do not deserve. Hence, when the process of granting permits and
renewal is unfair as a result of corruption, number of illegal loggers may increase and
therefore, undermine forest protection efforts.
Further, law enforcement machineries are similarly reportedly alleged of corruption. 491
Forest patrol officers are alleged to receive bribes from illegal loggers, to allow them to
transport or trade in forests produce illegally.492 In response to this, forest patrol and
checkpoint officers were of the view that forest dealers often transport forests produce
which may otherwise be legally harvested, but without required documentation for
transportation especially transit pass and government receipts. 493 That, when they are
caught in absence of such documentation, forest dealers normally try to bribe forest
officials. However, forest dealers were concerned of corruption on the part of patrol
and checkpoints forest officials on the ground that they often demand bribes from
them.494 Local leaders revealed that they often receive corruption complaints.495 On this
basis, it seems therefore that corruption on the part of forest patrol and checkpoint
officials exists. The effect of corruption among forest patrol and checkpoint officials is
that it affects legal compliance with exportation, importation and transportation of
forests produce. Therefore, in situations where the law requires harvested forest to be
transported through prescribed routes, diversions may be used due to corruption. It has
been observed for instance that to be able to pay in return of bribes, illegally harvested
forest produces are transported through illegal routes with the loggers having fully
assistance of such officers pretending to inspect, while in fact, they are assisting
491
Information obtained through interviews conducted with a State Attorney serving in Kilosa District,
Village Chairpersons, VEO and community members in Ruaha-Kilosa District in March 2023
492
ibid.
493
494
495
Information obtained through interview conducted with VEO and WEO in Kilombero and Districts in
March 2023.
88
loggers.496 Therefore, while the law intends to achieve thorough inspection of forests
produce in checkpoints, this intention is defeated. Consequently, efforts to curb illegal
logging of forests are undermined.
Furthermore, this study found that, courts are reportedly alleged of corruption
practices.497 Although this view was given by two respondents, being the view by a
forest official and public prosecutor, this view was taken as a strong one. They alleged
that some magistrates are bribed by rich illegal loggers or financiers of illegal logging
activities, the result of which is unfounded and unjustifiable discharge of illegal
loggers.498 It has to be noted that, the forest legal regime is designed in a way to
criminalize and sanctions illegal logging practices. It follows therefore that effective
fight against illegal logging of forest requires strong adjudicative machineries. In the
absence of integrity among judicial personnels, prosecution of illegal loggers become
ineffective and difficult. As a result, the spirit of the law cannot be realized. Therefore,
the alleged corruption in courts is likely to undermine forest protection against illegal
logging practices.
4.4.3 Administrative Intervention with Efforts to Deal with Illegal Loggers

Intervention by political leaders, especially Village Chairpersons, Ward Councillors
and political party rulers was found to be one of the challenges that undermine forest
protection against illegal logging. Some Village Chairpersons, Ward Councillors in
support of political party rulers are reportedly alleged to intervene forest patrol officials
when they arrest illegal loggers.499 Allegedly, they order release of some suspects of
illegal logging activities on the ground that arresting them is troubling their voters. 500
Officials at the TFS were concerned with politicians’ interventions during forest
496
Makoye, K. (2015). Loc. cit.
497
Information obtained through interview conducted with a State Attorney serving in Kilosa District in
March 2023 and interview with TFS-Patrol Officers (semi-trained forest guard officers) (Morogoro) in
February 2023.
498
Information obtained through interview conducted with a State Attorney serving in Kilosa District in
March 2023.
499
500
ibid.
89
operations on account that they receive such complaints from their forest patrol officers
on a regular basis.501 However, in reply to this, the Village Chairpersons revealed that
as leaders, in companion with Ward Councillors, they only air out their views when
they feel that the citizens are bullied by forest officials.502 Nonetheless, this implies that
such interventions exist. This is mainly because, it is not their duty to determine
whether arrest of citizens is bullying or not. Such determination is legally left to the
courts of law. As such, it is likely that such intervention is done for their political
interests. The effect of such interferences is that it may inflict state of fear on the part of
forest patrol officials the effect of which is to undermine their efforts.
It has to be noted that, fighting illegal logging of forest requires having forest officials
who are independent and free in the exercise of their mandates. In absence of such
independence and freedom, efforts to curbing illegal logging are undermined. This
study found that existence of such interferences by politicians affect performance of
forest patrol officials. They opined that political influence and interference turns their
work tough as they operate under state of fear. 503 Therefore, political intervention with
forest officials’ activities relating to forest protection undermines effort to protect
forests against illegal logging. This is mainly because such influence and intervention
create tension and failure of objectivity. As a result, forest officials are likely to fail in
dealing with illegal loggers who are seemingly having support of politicians.
Further, it was revealed that as a result of such intervention, accused persons of illegal
logging activities are in such cases released without being tried. 504 This implies that,
while forest officials arrest illegal loggers, politicians influence their release for
political interests. The effect of such influence and intervention is to undermine forests
501
502
Information obtained through interview conducted with Village Chairpersons-Kilosa and Kilombero
Districts in March 2023.
503
504
ibid and Information obtained through interview conducted with TFS-Forest Patrol Officers (semi-
trained forest guard officers) (Morogoro) in February 2023.
90
protection against illegal logging. This is mainly because, as a result of such influence
and interventions, favoured illegal loggers may feel assured of political backup to
operate confidently than they would have been, in absence of such immoral supports.
As a result, illegal logging activities escalate since some illegal loggers may not be
often dealt with.
4.4.4 Deficiencies in Prosecution of Illegal Logging Practices

Deficiencies in prosecution of illegal logging practices were found to be one of the
challenges in protecting forests against illegal logging. One of the deficiencies found is
delay in prosecution of illegal logging cases. It was allegedly reported by forest patrol
officials that prosecution of some forest related cases takes too long. 505 While forest
officials claimed prolonged prosecution, prosecutors and magistrates confirmed such
delay alleging that prolonged prosecutions of such cases results from overloads of
courts and delay in investigation.506 Although the reasons for delay in prosecutions may
be valid, yet the information remains intact to show that there are delays in prosecution
of such cases. It has to be noted that effective prosecution of illegal loggers play a vital
role in curbing illegal logging of forests. 507 This is mainly because effective and timely
prosecution sends a message to illegal loggers that illegal logging is not without
immediate and serious consequence.508 Contrarily, if illegal loggers are not effectively
delt with, it similarly sends a message that illegal logging is without immediate and
serious consequences.509 Therefore, in absence of effective and timely prosecution,
efforts to curbing illegal logging of forests are likely to be undermined.
This study maintains that when the state machineries are actively dealing with illegal
loggers in such a way that the caught illegal loggers are brought before the courts of
505
506
Information obtained through interview conducted with a Resident Magistrate-Kilosa District Court,
a State Attorney-serving in Kilosa District and a Senior State Attorney-serving in Morogoro Municipal
Council (Morogoro) in March 2023.
507
Solodov, D. and Zebek, E. (2022). Unlawful Prosecution in the Case Regarding Destruction of a
Forest Ecosystem. RBDPP. Vol.8(2). pp.653-677.
508
ibid.
509
ibid.
91
law, timely prosecuted and sentenced, illegal logging practices are likely to decrease. In
absence of such effective prosecution, efforts to curbing illegal logging are defeated
and illegal practices may escalate as almost legal. 510 This is mainly because, delay in
prosecution may affect continuation of forest protection mandates since forest officials,
in different occasions, may often be demanded in such cases especially during
investigation and, as witnesses in courts. As a result, this may affect their concentration
on illegal logging deterrence which is important in fight illegal logging. Similarly,
prolonged prosecutions may occasion costs, perhaps higher than the value of illegal
forests produce in question. In such a way, delay in prosecution undermines effort to
curbing illegal logging since it indicates ineffective prosecution. Despite that it may
end up encouraging illegal logging, such delay may subject the government into costs
greater than fines imposed to the loggers at the end of the case.
Further, this study found that in most cases prosecution process is not touching all who
are involved in the chain of illegal logging. It was allegedly reported that sometimes
the chain of illegal logging of forest includes people who are not directly participating
in perpetration of illegal logging activities.511 They often support illegal harvesters and,
stay waiting to receive or purchase such forests produce as the case may be, when
harvesting and transportation to where they are succeeds. 512 Prosecutors supported this
view maintaining that there are people behinds those who are obviously dealt with in
courts.513 It was further reported that that there are forest dealers who only finance and
use working agents who are often arrested. 514 It was reported that some of these
financers are known, only that they distance themselves from active engagement such
that to have strong evidence against them becomes difficulty.515 Hence, looking at the
510
Odhiambo, N. Loc. cit.
511
512
ibid.
513
and a Senior State Attorney-serving in Morogoro Municipal Council (Morogoro) in March 2023.
514
ibid.
515
ibid.
92
situation, it seems that prosecution of forest cases is not thorough to touch the whole
chain of illegal logging.
The effect of such situation is that, while some perpetrators are arrested and prosecuted,
some are not. Consequently, this poses difficulties in curbing illegal logging. It seems
therefore that there are no effective mechanisms to ensuring that the whole chain of
illegal logging is detected and all who are involved are prosecuted. Thus, even if the
working agents are arrested, prosecuted and finally sentenced, these financers may
simply arrange other working agents to keep on their illegal forest dealings. Although
the reason that failure to prosecute the whole chain of illegal logging is valid, since
there can be no successful criminal prosecution in absence strong evidences;
preferably, finding them in possession of forest produce, this maintains that such failure
results into increase in illegal logging. This is mainly because while active-role playing
illegal loggers are dealt with, inactive-role playing ones are not dealt with. Therefore,
this undermines forest protection against illegal logging.
4.4.5 Inadequate Night Forest Patrols to Deter Mid-Night Illegal Logging

Activities
Protection of forests against illegal logging requires, among other things, detecting and
arresting illegal loggers. Although detection and arrest are important, illegal loggers are
reported to invade forests at night.516 Forest patrol officials opined that illegal loggers
enter forests in night hours to avoid detection and arrest. 517 This was similarly
supported by local leaders who opined that illegal loggers harvest forests produce
during night hours since they cannot be detected and arrested easily. 518 As a result, acts
of illegal harvesting and transportation of products exists, while harvesters and
516
Information obtained through interview conducted with a TFS-Forest Protection Officer, TFS-Head
of Forest Patrol & TFS-Forest Patrol Officers (semi-trained forest guard officers) (Morogoro) in
February 2023.
517
Information obtained through interview with TFS-Forest Patrol Officers (semi-trained forest guard
officers) (Morogoro) in February 2023.
518
Information obtained through interviews conducted with Village Chairpersons, VEOs and WEOs
Kilosa and Kilombero Districts in March 2023.
93
transporters are unnoticed.519 Amidst the reported mid-night illegal logging of forest
operations, it was reported that night patrols in forests are inadequate. 520 Inadequate
night forest patrols may link with the state of TFS set-up today. The TFS is still a civil-
based agency under transformation to a military agency. 521 Thus, it is not mannered
with military personnels who may effectively undertake instant and routine night
patrols in forest reserves. The effect of lacking instant and routine night forest patrols is
that illegal loggers may take advantage to enter and harvest forests produce illegally.
This is mainly because illegal loggers may freely enter and harvest forests produce
undetected.
4.4.6 Poor Cooperation between Some Forest Protection Stakeholders

Poor coordination between some forest protection stakeholders was found to be one of
the challenges in effective forest protection against illegal logging. Forest officials were
concerned that local leaders in villages and wards adjacent to forests afford them little
cooperation in their forest protection operations. 522 Local leaders were reportedly
alleged to hide illegal loggers.523 This was similarly a concern of the prosecutors that
local leaders are often reluctant to cooperate during prosecution of illegal loggers
believed to be known to them.524 Nonetheless, local leaders revealed that they are not
actively engaged on issues relating to deterring illegal logging. 525 In most cases, they
are engaged on specific-case-dealing to disclose required information. 526 It was
therefore their concern that their role in forest protection is not recognized, only that
519
520
ibid.
521
Information obtained through interview conducted with a TFS-Forest Protection Officer (Morogoro)
in February 2023.
522
Information obtained through interview conducted with TFS-Head of Forest Patrol & TFS-Forest
Patrol Officers (semi-trained forest guard officers) (Morogoro) in February 2023.
523
ibid.
524
Information obtained through interview conducted with a Senior State Attorney serving in Morogoro
Municipal Council in February 2023.
525
526
ibid.
94
they are consulted as informers of alleged illegal loggers. 527 This view was supported
by community members who alleged that Village Chairpersons, VEOs and WEOs are
not fully encouraged to participate in the fight against illegal logging basing their view
on the ground that they have not observed their local leaders exercising specific forest
protection mandates.528
Looking at the situation, it appears that there is poor cooperation between some
stakeholders. While forest officials and prosecutors allege that local leaders do not pay
cooperation, the reason could be their feeling that they are not actively engaged, thus
their role is seemingly passive. The implication is that forest officials are working on
their own and only seek for local leader’s assistance when things go wrong. It has to be
noted that local leaders are the key stakeholders in forests protection since they are the
first authority who encounter with suspects. Hence, they often have knowledge of
illegal forest dealers. Therefore, the effect of poor cooperation between forest officials
and local leaders is that many illegal loggers may go unpunished even in circumstances
where they could be easily detected through disclosure by their local leaders. As a
result, efforts to fight illegal logging of forest are undermined. This is mainly because
of reluctance of local leaders to cooperate in forest protection, does not only imply that
it affects prosecution of illegal loggers, but also that there is no active forest machinery
at the very local level, the result of which illegal logging escalates.
This study also found that community members are not effectively engaged in forest
protection activities. It was revealed that community members are even not aware of
their key roles in forests protection.529 This was affirmed by forest officials who
revealed that the spirit of community engagement in forest protection has not been
sufficiently transformed to community members on the ground that the move to
527
528
Information obtained through interviews conducted with community members in Ruaha-Kilosa and
Mkangawalo-Kilombero Districts in March 2023.
529
ibid.
95
impacting education to them is ongoing, however, slow. 530 It has to be noted that the
Forest Act531 embraces the principle of subsidiarity. That is to say, it aims to delegate
responsibility for management of forest resources to the lowest possible level of local
management.532 Thus, inactive engagement of community members implies defeating
intention of the law. This is mainly because, although the spirit of the law is to
transform the local community members from being illegal loggers to protectors, this
spirit is not correctly born in their minds. It appears that community members lack
elementary understanding on management of forest resources surrounding them.
Therefore, they ought to be protectors, lack sufficient knowledge of their mandates.
These loopholes hamper efforts to curbing illegal logging. In the event key
stakeholders are not cumulatively engaged and cooperating, the protection patterns
miss the flow. The prevailing poor engagement and cooperation especially in respect of
local leaders and community members, implies that the task to protect forests against
illegal loggers is not practically decentralized to the local level. As a result, illegal
loggers are not disclosed even when they are known. Hence, while local leaders are
reluctant to disclose illegal loggers as a result of what they feel to be their passive
engagement along with often elements of brotherhood and sisterhood, community
members hide them as a result of ignorance of their roles in forests protection, perhaps
thinking that they will end up been drawn as blabbermouths.
4.4.7 Excessive Forest Dependency for Energy and Economic Gains

Excessive dependency on forests as source of energy and activities for economic gain
was found to be one of the challenges that encounter forests protection against illegal
logging. It was revealed that communities living adjacent to forests depends largely on
forests for energy and economic gain.533 Forest officials reported that in most of such
530
Information obtained through interview conducted with a TFS-Forest Protection Officer, & a TFS-
531
The Forest Act, [Cap.323 R.E. 2002].
532
ibid, section 3(c).
533
96
communities, their dependency on forests is just for survival. 534 Patrol officers
supported this view alleging that most of illegal loggers caught regularly allege that
they have no alternative means to secure energy than harvesting forest trees. 535 It was
further revealed that in most cases, the prosecuted illegal loggers, especially those who
are caught with charcoal bags, often defends themselves that they had to harvest since
they neither have alternative economic activities, nor they can afford alternative
sources of energy.536 Again, some community members affirmed their dependency on
forests. They based their view on the ground that they depend on wood fuel since that
is what they can afford.537 Local leaders opined that their community members live in
state of poverty, thus, they depend on forests produce as the most accessible and
affordable source of energy and economic gain. 538 Therefore, it seems that excessive
forest dependency for energy and economic gains exists.
This study found that people living adjacent to forests in Tanzania earn money from
their surrounding forests.539 Those community members increasingly engage in timber
harvesting, firewood cutting and charcoal making for business. 540 Similarly, studies
show that at least 90 percent of rural-household energy consumption in Tanzania comes
from firewood and charcoal.541 While the reasons for excessive dependence on forests
are many, poverty is highly cited in Tanzania.542 Statistics show that more than two-
534
535
Information obtained through interview with TFS-Forest Patrol Officers (semi-trained forest guard
officers) (Morogoro) in February 2023.
536
Information obtained through interviews with an Advocate in Morogoro Municipal Council & a
Resident Magistrate in Kilosa-Distract Court in March 2023.
537
Information obtained through interviews conducted with community members in Ruaha-Kilosa and
Mkangawalo-Kilombero Districts in March 2023.
538
539
Mhache, E. P. Impact of Wood Fuel Production on the Livelihood of the People in Bagamoyo
District, Tanzania. The Open University of Tanzania. p.196. Retrieved May 8, 2023 from the World
Wide Web: https://www.ajol.info.
540
ibid.
541
Ntiyakunze, M. S. & Stage, J. (2022). Op. cit. p.8.
542
ibid. See also Kideghesho, J. R. (2015). Realities on Deforestation in Tanzania: Trends, Drivers,
Implications and the Way Forward. Retrieved May 8, 2023 from the World Wide Web: Retrieved from
https://www.intechopen.com/chapters/48904.
97
third of the country’s population live below the conventional income poverty line of
USD 1.25 pe day, with about 26 million people living in extreme poverty by 2022. 543
Amidst the existing situation of poverty in the country, alternative sources of energy,
preferably liquified petroleum is expensive. The price update for liquified petroleum
gas is accessible at a price between Tshs.11, 500 to 15,000 for 3kg; 20,500 to 25,000
for 6kg; 49,000 to 60,000 for 15kg; and, 110,000 to 115,000 for 38kg.544 These prices
are undoubtedly expensive given the state of poverty of majority population especially
in rural areas. The effect is that, a resort is made to wood fuel.
Such excessive dependency on forests for energy and economy is not without
consequences. It suggests one major hypothesis that fighting illegal logging is difficult
and, perhaps endless. This is mainly because forests dependence is in such cases for
survival. Hence, unauthorised access to forest is likely to continue in absence of
accessible and affordable alternative sources of energy in communities living adjacent
to forests. The result of such excessive dependence on forests is to undermine efforts to
protect forests against illegal logging. This is mainly because, in such cases, dealers are
most likely to prioritize their survival over fear of being arrested.
4.4.8 Lack of Commitment among Some Forest Officials

Lack of commitment among responsible personnels in forest protection was found to be
one of the challenges in curbing illegal logging. Some forest officials were allegedly
uncommitted to effectively exercise their forest protection mandates. 545 It was revealed
that some forest officials placed on duty in checkpoints are not doing intensive
checking during transportation of forests produce.546 This was view was supported by
forest dealers who opined that there are areas where transportation of forest produce,
however illegal, is possible since officers stationed in checkpoints are not taking
543
Kamer, L. (2022). Number of People Living in Poverty in Tanzania. Retrieved May 23, 2023 from the
World Wide Web: https://www.statista.com/statistics/1230404/number-of-people-living-in-extreme-
poverty-in-tanzania/.
544
Price Tanzania. Liquid Petroleum Gas. Retrieved May 23, 2023 from the World Wide Web:
Retrieved from https://priceintanzania.com/other/categorie/lpg.
545
Information obtained through interview conducted with members of a CBO-Ruaha in March 2023.
546
ibid.
98
trouble to do intensive checking.547 The TFS officials affirmed this on the basis that
they receive such complaints.548 Looking at the situation, it seems that there is lack of
commitment to some forest officials. The effect of having uncommitted forest officials,
especially in checkpoints, is that forests produce harvested illegally may be
successfully transported.
It should be noted that the law requires transportation of forests produce to be on

prescribed routes for the purpose of inspection in checkpoints.549 The purpose of
checking in checkpoints is to keep track of trade identity and the kinds of forest
products transported.550 This to say, it helps the responsible authorities to check
whether or not transported forests produce accords to the law. It involves checking
whether such produce was legally harvested, not exceeding the allocated quotas, only
includes authorized species, marked and graded, transported through the identified
track and routes as prescribed in the transit pass and transporter has all documentations
including certificate of allocation, permits, transit pass and a government receipt.
Therefore, in absence of intensive checking and inspections, there can be no
ascertainment of legality or illegality of transported forests produce as well as
compliances and non-compliance with the law on transportation of forests produce. As
a result, it encourages illegal transportation and trade in forest produces, hence, it
undermines effort to curbing illegal logging of forests.
4.5 Conclusion
This chapter analysed and discussed the findings of this study. Analysis of the present
legal framework on forests protection against illegal logging has shown that such legal
framework is satisfactorily designed in a way to curbing illegal logging. It has shown
547
548
549
The Forest Regulations, Government notice No. 153 of 2004, regulation 8(3).
550
Mgaza, A. (2022). Tracking the Trade: Increasing Efficiency and Transparency in Tanzania’s Timber
Sector (TRAFFIC-East Africa 2022). Retrieved May 6, 2023 from the World Wide Web:
https://www.worldwildlife.org/pages/tnrc-practice-note-tracking-the-trade-increasing-efficiency-and-
transparency-in-tanzania-s-timber-sector.
99
that the present legal regime is comprehensively designed in a way to recognize,
criminalize and punish conventional illegal logging practices. This chapter has
conversely depicted that such legal regime is on the other hand questionable of
insufficient and lenient sanctions, vague construction of some offences and sentences
as well as absence of a specific institution to deal with forest-related offences in a
judicial elegance. It has further been pointed that there are myriad practical challenges
for combating illegal logging in Tanzania to include insufficient human and non-human
resources at the TFS occasioning absence of effective, sufficient, sudden, routine and
periodic forest patrols; politicians interfere with detection, arrest and prosecution of
illegal loggers; corruption among responsible personnels resulting to turning a blind
eye to illegal loggers; challenges relating to prosecution; excessive forest dependence;
poor forest governance; mid-night illegal forest operations; untrustworthy,
irresponsible and uncommitted forest officials; and, unhealthy cooperation between
stakeholders. The subsequent chapter provides a summary of the key findings of this
study, conclusions and recommendations.
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CHAPTER FIVE
SUMMARY OF KEY FINDINGS, RECOMMENDATIONS AND
CONCLUSION
5.1 Introduction
This study was conducted to examine the current legal framework and practical
situation of forests protection against illegal logging in Tanzania. It sought to examine
efficiency of the forest legal regime in curbing illegal logging, having informed by the
practical situation which suggests increasing illegal logging of forests in the country.
As an impact-oriented study, it sought to explore the responsible legal or practical
challenges in combating illegal logging. With the arguably sound and protective forest
legal regime in Tanzania, this study analysed such legal regime and questioned the
increasing trend of illegal logging amidst the existence of such legal regime. The
purpose was to establish the comprehensives of such legal regime in alignment with the
actual state of illegal logging to establish the weak link. Consequently, an exploration
was made to reveal legal and practical incongruities in combating the increasing illegal
logging activities in the country.
The general objective of this study was to examine the law and practice in protecting
forests against illegal logging in Tanzania. Its specific objectives were: to examine the
existing forest protection legal framework with a particular focus on harvesting of
forests; to identify legal and practical challenges associated with protection of forests
against illegal loggings in Tanzania; and, to recommend best ways to protect forest
from illegal loggings. To achieve these objectives, this study was guided by three
research questions: How does the existing legal framework regulating forests
harvesting is couched in a manner to curbing illegal loggings? What are legal and
practical challenges for combating illegal loggings in Tanzania? And, what measures
should be put in place to adequately address illegal logging?
To respond to the key questions guided this study, primary and secondary data was
used. Primary data was collected from field respondents through face-to-face and
phone interviews. Secondary data was collected through review of legal texts and
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scholarly works. Both primary and secondary data were qualitatively analysed,
evaluated and interpreted according to the research objectives and questions in the
preceding chapter. This chapter presents summary of key findings, general conclusion
of the study and recommendations.
5.2 Summary of Key Findings

The first key finding of this study is that, the present legal framework on forest
protection is satisfactorily designed in a way to curb illegal logging. This study found
that the present legal regime prohibits and criminalizes illegal logging practices.
Existing literature conceptualizes illegal logging of forests to mean any unlawful
practices in the whole chain of forest produce dealings. As presented under chapter two
of this study, literature identifies such practices. Analysis of the present legal regime
has shown that the existing laws identify, prohibits and criminalize such practices
including illegal entry and harvesting of forests produce, unlawful exportation and
transportation of such products as well as unlawful possession and trade in forests
produce. Similarly, this study found that the existing legal regime sanctions and
punishes such practices, although a few punishments are relatively lenient to deter
illegal loggers.
The second key finding of this study is that the existing forest protection legal
framework is not without challenges. This study found that the existing legal regime is
questionable of sufficient sanctions and unclear construction of some offences and
sentences. It is the finding of this study that the law sets relatively lenient sanctions
especially low fines. Serve for an offence of unlawful trade in forest produce which is
similarly sanctioned and punished under the EOCCA, other forest offences are
sanctioned under the specific forest protection statute and regulations. it is the finding
of this study that, in most cases, convicts of illegal logging are fined. Therefore, in
absence of severe fines, illegal logging escalates since issued fines are easily paid. As a
result, existing fines becomes unrealistic and lacks deterrence effect.
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Similarly, this study found that the existing legal regime is endowed with unclear
construction of some offences and sentences. For instance, this study found the offence
of unlawful possession of forests produce adopts the doctrine of recent possession
which presupposes existence of a separate offence in relation to unlawfully possessed
forests produce. However, this study found this may not always be the case in forest
produce dealings. This is because, in such cases, one may obtain the forest produce
lawfully and possess them unlawfully in circumstances creating no separate offence
than that of unlawful possession. Consequently, this study found that its interpretation
occasions the would-be unlawful possessor of forests produce go unpunished. On the
other hand, the law imposes the sentence of forfeiture of anything used in the
commission of offences which is found unclearly construed. It does not state the
relevancy or irrelevancy of the question whether or not the owner is the convict. This
study found that, as a result, it has occasionally created varied interpretation. Through
reviewing judicial decisions, this study found that while some courts interpret forfeiture
to cover anything irrespective of whether the owner is the convict or not, other courts
interpret forfeiture to only cover things owned by the convict.
The third key finding of this study is that, escalation of illegal logging activities is
largely due to practical factors. This study found that there are limited human and non-
human resources especially at the TFS. Absence of qualified staff to undertake forest
operations effectively and insufficient material resources especially cars and weapons
for forest patrols were among such factors. This has therefore resulted into reduced
patrol routines as well as sudden and periodic forest patrols which are key in deterring
illegal logging activities. Consequently, illegal loggers are inadequately detected and
delt with since they cannot easily be caught in the field. This study also found that
efforts to curbing illegal logging of forests are undermined by political interferences.
Politicians intervene with detection, arrest and prosecution of illegal loggers who are
their voters for their political advantages.
Similarly, corruption among some forest officials is found to impede enforcement of

forest laws in curbing illegal logging. This study found that some forest officials are
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corrupted to allow illegal loggers to operate. During issuance of licences and permits,
officials are corrupted to qualify the unqualified. During investigation of forest crimes,
investigators are corrupted to delay and to render the process unsuccessful. Courts are
similarly implicated. Rich illegal loggers are influencing court’s decisions. As a result,
responsible officials turn a blind eye to illegal loggers the effect of which illegal
logging escalates.
Moreover, this study found some deficiencies in prosecution which affect combating
escalation of illegal logging. Some cases take too long to impede protective efforts
while occasioning excessive prosecution costs. More importantly, this study found that
there is no thorough prosecution. It was reported that many illegal loggers work with
forefront agents who are often arrested and prosecuted. Therefore, even if they are
arrested, prosecuted and sentenced, still their sponsors operate employing other agents.
Similarly, some illegal loggers operate in mid-night hours to avoid patrols. In absence
of sufficient forest patrols, mid-night operations pose threats to forests sustainability
since some illegal loggers go undetected.
Lastly, excessive forests dependence and lack of cooperation between stakeholders

were found to add on factors undermining efforts to combat escalation of illegal
logging. This study found that a large number of community members living adjacent
to forests largely depend on forest resources, economically and for energy. Inability to
afford alternative source of energy and, alternative works for economic gains has
resulted to excessive dependence on forest resources, consequently, it has increased
illegal forest dealings. While illegal logging is at a rise, this study found unhealthy
engagement and cooperation between stakeholders. The local community members are
not effectively engaged as forest protectors. Local leaders are insufficiently engaged as
forest protectors. As a result, disclosing illegal loggers who may be known in their
communities has become difficulty as they feel to have passive than active role.
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5.3 Recommendations
Following the study findings on legal and practical challenges in combating illegal
logging of forests in Tanzania, this study recommends the following:
5.3.1 Recommendations to the Government

The government should encourage and facilitate the use of alternative sources of
energy. This study recommends a two-way approach in resort to alternative sources of
energy. It recommends encouraging and facilitating. That is to say, encouraging the use
of alternative sources of energy should go hand in hand with facilitating affordability.
This study found that increase of and failure to curb illegal logging is, among others,
resulting from excessive dependence on forests for energy. The state of excessive
dependence is certainly not always a result of deliberate reluctancy of the communities
to use alternative sources of energy, but inability to afford. It has been pointed out that
such dependence is for survival. A large number of rural households depend on wood
fuel with poverty adding to sole reliance on forests for energy ostensibly. Population
growth amidst the state of poverty is undoubtedly linked with such reliance. Thus,
illegal loggers who at least do so for the sake of energy; may employ whatever tricky to
avoid the tracking hands on illegal logging.
Consequently, this study recommends the need to facilitate affordability of alternative

sources of energy especially to rural communities with a view to reducing illegal
logging for household services. The government should endeavour to invest on cheap
and available gas energy. Encouraging local communities to resort to alternative
sources of energy should be backed up with facilitating affordability and accessibility.
At least in areas where forests are highly relied on for energy, the government should
swiftly start this may reduce pressure on forests and lay a basis through which illegal
logging can be fought successfully.
Further, the government should encourage and facilitate alternative economic activities
for earnings. This study found that over dependence on forests amongst the rural
communities living adjacent to forests is for economic gains. Timber harvesters,
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charcoal and firewood collectors are largely doing so to earn a living. Consequently,
they are reluctant to stop harvesting illegally since they have no alternative economic
activities for gains. On their familiarity with forest areas adjacent to their homes, they
can always discover tactics to harvest however illegally without facing the hands of
law. While patrols are in most cases day-operations, they can use mid-night hours to
harvest forests. Thus, to creating favourable environment for investing on alternative
economic activities especially agriculture may support a successful fight against illegal
logging. The government should finance and commercialize rural agricultural
activities. It should create a stable and reliable market for their yields. This may turn
communities’ focus on illegal logging to agricultural activities.
The government through the MNRT should expedite the process of transforming the
TFS from a civil-agency to military-agency. While illegal loggers are cited to be
deadly, the TFS who are number one forest protectors work with semi-trained military
officials as its patrol officers. This subjects their patrols to effectiveness questioning.
Despite the fact that they are not military men, the TFS patrol officials are rarely
mannered with military defensive and protective weapons. This study found that where
there is a need to face the battle with illegal loggers, the patrol officers cannot stand. As
a result, serious illegal logging incidents may not be successfully intervened. While
illegal loggers, especially well-armed loggers, may not easily surrender themselves and
the produce, patrol officers are not morally and materially fit to compel surrender.
Therefore, transforming the TFS to a military-agency may strengthen the agency
especially in its field operations and poses a protective threat to illegal loggers. Since
such transformation has commenced, this study recommends speeding up the process
given the escalation of illegal logging activities to give a quick response to the
situation.
5.3.2 Recommendations to the Tanzania Forest Service Agency

This study recommends that amidst insufficient human and non-human resources
facing the TFS, it should improve and strengthen its working capacity. It should carry
out routine, sudden, periodic and where possible, joint patrols with the police in forest
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areas. These needs promising internal logistics to facilitate frequent forest patrols using
the limited resources they have. Whereas insufficient human and material resources is
acknowledged, unfounded excuses to exercise their mandates on the basis of limited
resources are suspected to arise. It is on this basis that this study recommends
deliberate endeavours to protect forests with the limited resources they have. Well-
planed and strategic forests visitation and inspections should be executed. In areas
where facing illegal loggers is seemingly disastrous to the TFS patrol officers, joint
patrols with the police should be resorted.
It has been noted in this study that local community members and leaders are not
sufficiently engaged in forests protection against illegal logging. As a result, instead of
exposing illegal loggers for legal actions, they hide them. This study found that such a
behaviour is associated with the feelings among the local leaders that their role is
passive, only to act as informers. This study recommends that active engagement of
local leaders should be encouraged. The TFS should work very closely with local
leaders in their field and non-field operations to make them part and parcel of the
process. Local leaders may play a significant role in discouraging illegal logging
behaviour among their citizens as they can primarily notice them before the TFS.
Similarly, community members may not be confident and active to execute illegal
logging activities knowing that the protectors are just surrounding them. Therefore, this
study recommends cooperation especially through decentralizing forest protection
mandates to local leaders to actively act as forest protectors.
This study recommends meticulous engagement of community members in forest

protection activities, especially, against illegal logging. The forest laws objects to
decentralizing forests protection mandates to the lowest level. However, community
engagement is found not promising. It should be noted at this juncture that community
members especially those living adjacent to forests are the main forest deteriorators.
Therefore, decentralizing protective mandates to them implies turning their minds from
deteriorators to protectors. This falls within mandates of the TFS. It should reach the
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communities living adjacent to forests to educate them, first of their roles as forest
protectors and, two of how they actively participate in deterring illegal logging.
Further, this study recommends that TFS should provide education to the general
public including politicians on the relevance of protecting forests. Politicians should be
educated on how it is also important for them to take lead in educating their voters
instead of defending them because one of the effects of increasing illegal logging is
climate change. In effect, climate change does not recognise political affiliation and
will affect all of us indiscriminately. This will similarly ensure strict adherence of the
laws of the land and equal treatment of all. Moreover, it will add confidence and
impartial exercise of duties to the forest officials who otherwise are threatened by
political interferences in discharging their mandates.
The TFS should also insist on working efficiency and integrity of its staff. Officials
placed in checkpoints should do comprehensive checking, responsibly and without
favour. Officials responsible for issuance of permits and licences as well. This will add
to effective working of authorities responsible for forests protection the result of which
is to comprehensively fight illegal logging of forests. Similarly, the TFS should work
on integrity of its staff. Corrupt practices which are seemingly threatening forest
sustainability, were found persisting amongst its staff. Therefore, the TFS should stand
for and insist high level of integrity to its staff through fighting corrupt practices which
turns their eyes blind to illegal loggers to pay back for enjoyed bribes.
The TFS should resort into modern forest protection tactics where they have not done
so. The world is rapidly moving with advancement of technology. The terrain through
which technology advances has not left forest protection tactics. This study found, inter
alia, that carrying out routine, sudden and periodic forest patrols is occasionally
impossible. Along with insufficient human and non-human resources, difficulties in
accessing some forest areas frequently are reported. This is occasioned by mountainous
state of forest reserve locations and deep-in-forest harvesting stations. Thus, this study
recommends the use of technology to protect the areas. The TFS should facilitate
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stationing surveillance cameras tracking illegal activities in areas where routine, sudden
and periodic patrols are hard or impossible. This is practicable and relevant since it is
not a new approach since it is practiced in some forest reserves especially those used
for controlled tourism activities. Thus, this study recommends employing this
technological approach in protecting forests through technological detection of illegal
loggers.
The TFS is primary, forest laws enforcement machinery. This study found that, despite
trivial legal incongruities, forest laws are seemingly good enough to protect forests
against illegal logging. The study found that the problem is on effective enforcement of
the existing laws. Although this study appreciates that forest law enforcement
machineries are diverse, the TFS still leads the functioning of enforcement roles of the
forest laws. Thus, this study recommends that the TFS should adopt deliberate means
to ensure that forest laws are effectively implemented. It should stand for insisting
every relevant enforcement machinery to act accordingly. It should be noted that
enforcement of forest laws is unique since it entails balancing competing interests
including economic and ecological interests. Therefore, the TFS should ensure that
forest laws are effectively enforced within its context. This study puts more emphasis
on technical enforcement of penal aspects of forest laws. The TFS should ensure that
forest offences are clearly crafted, defined and prosecuted by cooperating closely with
prosecuting machineries.
5.3.3 Recommendations to the Parliament

This study recommends a slight revisit of the Forest Act. This study has noted that one
among the challenges in curbing illegal logging of forests is insufficient and lenient
sanction in some offences. This study found that in almost all forest offences, on
conviction, the law imposes, among others, fines and imprisonment. Following such
thorough emphasis on imposition of fines on forest crimes convictions, this study
recommends that the Forest Act should be amended to increase the relatively low fines.
Serve for a few amended fine rates, most of the existing fines were incorporated since
the making of the Forest Act in 2002. Over 20 years later, these fines are unrealistic,
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relatively low and affordably payable. Consequently, they do not discourage illegal
logging since illegal loggers benefit than the seemingly low fines one may be ordered
to pay.
It is recommended further that imprisonment should be imposed in some offences

without an option of fines. Grounded on rule that where both fines and imprisonment
are provided in alternative, imprisonment should be ordered in default to pay fine, this
study recommends that the Forest Act should be amended to either impose
imprisonment sentence in most serious forest crimes or a fine in addition to
imprisonment term. These should apply in offences relating to illegal harvest and
transportation, unlawful possession and trade in forests produce. In addition,
compensation should be ordered with a view to making good for the harms occasioned.
This study recommends amendment of the Forest Act to address unclear construction
of some offences and sentences. It has been noted herein that the offence of unlawful
possession of forests produce is unclearly construed in a way the interpretation of the
offence of unlawful possession may let the ought to be unlawful possessor of forests
produce go unpunished. Therefore, to avoid absurdity and ensure that illegal loggers
are comprehensively accommodated under the existing offences, the Forest Act should
be revisited with a view to certainly construe vague forest offences. Similarly, this
study recommends that sentences should be clear. It has been noted above that, for
instance, the sentence of forfeiture of anything used in the commission of offences is
vaguely construed. As a result, it has occasionally created varied interpretation. While
other courts interpret forfeiture to covers anything irrespective of whether the owner is
the convict or not, other courts interpret the same to only cover things owned by the
convict. This confusion is brought in by its vague construction as the Forest Act only
says ‘anything.’ Therefore, this study recommends that the Forest Act be amended to
set the sentence certain.
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5.3.4 The Judiciary of Tanzania
This study recommends that courts should give effect to ecological and economic
impacts associated with illegal logging of forests in imposing sentences. This study
takes cognizance of the fact that courts exercise discretion in awarding sentences
including determining the weight of sanctions to be imposed. It is a recommendation of
this study that the discretion on sentencing has to be exercised judiciously. In assessing
fines to be imposed, courts should consider ecological and economic threats resulting
from illegal logging practice in question. This is important because illegal logging of
forest practices threatens the sustainability of ecology and economy. Consequently,
considering economic and ecological interests is important.
This study recommends that the judicial administration should maintain integrity of its
personnels who are revealed to receive bribes from illegal loggers to defeat justice.
This study found that Magistrates are bribed and unjustifiably discharge illegal loggers.
Consequently, the discharged illegal loggers continue their illegal forest operation. This
hampers effort to combat illegal logging since illegal loggers go unpunished since the
bribed judicial personnels turn a blind eye to illegal loggers. Along this, courts should
handle forest cases expeditiously with e view to supporting effective prosecution of
illegal loggers since this is one of the ways through which illegal logging of forests can
be comprehensively fought against.
5.4 Conclusion
This study was conducted to examine the law and practice in protection of forests
against illegal logging. This study advanced from the fact that in 2002 the country
passed the Forest Act followed by myriad regulations ranging from the 2004 main
regulations to the 2019 regulation. That, this legal regime is designed in a way to
curbing illegal logging of forests by defining prohibited illegal logging practices,
criminalizing them and setting sanctions on breach. However, existing literature
suggests that amidst this legal framework in place, illegal logging of forests in the
country is on increasing on a year-year-basis. Literature depicts that while the country
loses its forest land to about 400,000 to 500,000 hectares annually, over 70 percent of
111
that loss is due to illegal logging. This has resulted into biodiversity loss, climate
change, and disruption of livelihoods and loss of government revenues. Therefore, this
study was conducted to specially examine the existing forests protection legal
framework with particular focus on harvesting of forests; identify legal and practical
challenges associated with protection of forests against illegal loggings in Tanzania;
and, recommend best ways to put in place in order to protect forest from illegal
logging.
To achieve the objectives of this study, efforts were made to review the existing legal
texts including the Constitution, statutes, regulations and judicial decisions with a view
to establish the comprehensiveness or incomprehensiveness of the existing legal regime
to combating illegal logging of forests. Such analysis was important to ascertain
whether or not the laws in place are designed to deter or to pave a way for illegal
logging of forests. The analysis of the existing legal framework brought about
promising results with trivial legal issues. After analysis of such legal framework,
efforts were made, using empirical methods, to explore practical challenges for
combating illegal logging of forests. Face-to-face and phone interviews were conducted
with the identified key respondents who fed this study with myriad practical challenges
in combating illegal logging of forests. To complement field information, a resort was
made to analyse relevant literature addressing the question of forest protection against
illegal logging. Finally, this study came up with findings responding to its key
questions.
The findings of this study show that, the present legal framework is designed in a way
to curbing illegal logging. In this respect, it has been depicted that the present legal
regime is comprehensively designed in a way that it recognizes, criminalizes and
punishes all common acts constituting illegal logging of forests. The laws in place
strictly prohibits illegal logging of forests by express deterrence of illegal entry,
harvesting without licence, illegal exportation and transportation of forests produce,
unlawful possession and trade in forest produces. It has also been noted that the law
criminalizes certain specific acts with penal sanctions to include fine, confiscation and
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imprisonment. Nonetheless, this study found that such legal regime is on the other hand
questionable of insufficient and lenient sanctions, vague construction of some offences
and sentences as well as absence of specific institution to deal with forest-related
offences in a judicial elegance. Consequently, this affects effort to combat illegal
logging of forests.
It has further been pointed out that there are myriad practical challenges for combating
illegal logging of forests in Tanzania. It was found that the TFS, which is the principal
agency for forests protection in the country, suffers from insufficient human and non-
human resources. As a result, such insufficient has occasioned absence of effective,
sufficient, sudden, routine and periodic forest patrols. Again, this study found that
politicians interfere with detection, arrest and prosecution of illegal loggers to hamper
protective efforts. Corruption among responsible personnels is similarly found to
impede efforts to combat illegal logging of forests. It was observed that, forest officials
are corrupted the result of which is to turning a blind eye to illegal loggers.
Furthermore, challenges relating to prosecution including delays and absence of
thorough prosecution; excessive forest dependence on forests for energy and economic
gain; poor forest governance; mid-night illegal forest operations in absence of tight and
frequent patrols; presence of untrustworthy, irresponsible and uncommitted forest
officials; and, unhealthy cooperation between key stakeholders including local leaders
and community members, add to practical challenges in curbing illegal logging in
Tanzania. As a result, illegal logging of forests has been in increase on a year-to-year
basis.
113
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129
APPENDICES
INTERVIEW GUIDE I
(TFS, TaFF & TAFORI)
1. How long have you been working with this institution?

Umefanya kazi na taasisi hii kwa muda gani?
2. What are the roles of this institution in forests protection?
Ni nini majukumu ya taasisi hii kwenye ulindaji wa misitu?
3. What are your specific roles in forests protection especially against illegal
logging?
Ni nini majukumu yako kwenye ulindaji wa misitu hususani dhidi ya uvunaji
haramu?
4. How many cases you receive annually relating to illegal logging of forests?
Probe: How many cases in year 2022? (Statistics for 3-4 years).
Mnapokea kesi ngapi kwa mwaka zinazohusiana na uvunaji haramu wa misitu?
Dadisi: Mlipokea kesi ngapi mwaka 2022? (Taarifa za miaka 3-4).
5. What are the forests protection requirements breached often?
Probe: Licence, entrance in protected areas, overharvesting?
Ni matakwa yapi ya ulindaji wa misitu yanakiukwa mara kwa mara?
Dadisi: kibali, kuingia kwenye maeneo yaliyo zuiliwa, kuvuna kuzidi
kiasi?
6. Is the number of illegal logging cases increasing or decreasing on year-to-year
basis?
Je, idadi ya kesi za uvunaji haramu wa misitu zinaongezeka au zinapungua
mwaka hadi mwaka?
7. Do you think why illegal logging of forests is at the rate you have identified
above?
Probe: Factors responsible; institutional, legal, practical?
Unadhani ni kwa nini uvunaji haramu wa misitu ni wa kiwango ulichokitambua
hapo juu?
130
Dadisi: Sababu husika; kitaasisi, kisheria, kiutendaji?
8. Do you consider the existing legal structure sufficient enough to protect forests
against illegal logging?
Je unaona mfumo wa kisheria uliopo unajitosheleza kwenye kulinda misitu
dhidi ya uvunaji haramu?
9. What challenges do you experience in curbing illegal logging of forests? How
do you overcome them?
Ni changamoto gani unakutana/mnakutana nazo katika kupambana na uvunaji
haramu wa misitu? Mnazitatua vipi?
10. In relation to the roles of this institution, what are the current and continuing
efforts to curbing illegal logging of forests?
Kama taasisi ni juhudi gani za sasa na za kuendelea zenye lengo la kuzuia
uvunjwaji haramu wa misitu?
11. What are impacts of the increasing illegal logging of forests?
Probe: Environmental, revenue, livelihoods?
Ni madhara gani yanayosababishwa na ongezeko la uvunaji haramu wa misitu?
Dadisi: kimazingira, kimapato, kujikimu?
12. What should be done to better protect forests against illegal logging?
Probe: Detection/investigation, Prosecution, Institutional, Enforcement.
Nini kifanyike ili kulinda misitu dhidi ya uvunaji haramu?
Dadisi: ugunduzi/uchunguzi, uendeshaji mashitaka, taasisi, usimamizi
wa sheria.
131
INTERVIEW GUIDE II
(STATE ATTORNEYS, ADVOCATES & MAGISTRATES)
1. How long have you been working in this position?

Umefanya kazi kwenye nafasi hii kwa muda gani?
2. Have you ever handled a case on illegal logging of forests?
Je umewahi kushugulikia case ya uvunaji haramu wa misitu?
3. What were the charges against the dealer(s)?
Mhusika/wahusika (mtuhumiwa/watuhumiwa) alikuwa na mashitaka gani?
4. What were the defences advanced by the dealer(s)?
Probe: Compliance processes? Livelihood?
Upi ni utetezi uliotolewa na mhusika/wahusika (mtuhumiwa/watuhumiwa)?
Dadisi: mchakato wa kufuata taratibu, hali ya kujikimu/uchumi?
5. How did the case end? In who’s favour?
Kesi iliishaje? Nani alishinda?
6. How threatful do you consider illegal activities constituted charges in 3 above
in forest protection?
Probe: Environmentally, economically?
Kwa namna gani shughuli haramu zilizojenga mashitaka kwenye namba 3 tano
hapo juu ni tishio kwenye ulindaji misitu?
Dadisi: Kimazingira, kiuchumi?
7. Basing on your experience in handling illegal forest dealing cases, do you find
any legal challenges in protecting forests?
Probe: loopholes in licencing (issuance and renew) institutional
framework, sentences?
Kwa uzoefu wako kwenye kushughulika kesi za uvunaji haramu wa misitu,
unaona kuna changamoto zozote za kisheria kwenye utunzaji wa misitu?
Dadisi: mianya kwenye vibali (utuaji na kuhuisha) muundo wa kitaasisi,

adhabu?
132
8. What are the practical challenges in enforcing forest laws to curbing illegal
logging of forests?
Je ni changamoto gani mnakutana nazo kwenye utekelezaji wa sheria kuzuia
uvunaji haramu wa misitu?
Ni madhara gani yanayosababishwa na ongezeko wa uvunaji haramu wa
misitu?
Dadisi: Kimazingira, kimapato, kujikimu?
Probe: Suggestions on legal framework? practical situation,
enforcement mechanisms?
Dadisi: Mapendekezo kwenye mfumo wa sheria? Katika utendaji,
namna ya utekelezaji?
133
INTERVIEW GUIDE III
(FOREST PATROL OFFICERS)
1. How long have you been working as a police officer?

Umefanya kazi kama ofisa wa polisi kwa muda gani?
2. What are your specific responsibilities in forests protection?
Probe: Patrol, investigation/detection, arrest?
Majukumu yako maalum kwenye ulindaji wa misitu ni yapi?
Dadisi: Doria, uchunguzi/ugunduzi, ukamataji?
3. In a range of one year, how many cases on illegal logging of forests do you
dealt with?
Probe: How many cases in year 2022?
Kwa wastani wa mwaka mmoja, ni kesi ngapi za uvunaji haramu wa misitu
unazishughulikia?
Dadisi: kesi ngapi kwa mwaka 2022?
4. What are the often accusations against the dealers?
Zipi ni shutuma za mara kwa mara dhidi ya wahusika?
5. What are their often defences?
Probe: Compliance processes? Livelihood?
Upi ni utetezi wao mara kwa mara?
Dadisi: mchakato wa kufuata taratibu, hali ya kujikimu/uchumi?
6. How threatful do you consider illegal activities cases you have dealt with, in
forest protection?
Probe: Environmentally, economically?
Kwa namna gani shughuli haramu ulizoshugulika nazo ni tishio kwenye ulindaji
wa misitu?
Dadisi: kwa mazingira, kiuchumi?
7. Basing on your experience in dealing with illegal logging cases, do you find any
legal challenges in protecting forests?
134
Kwa uzoefu wako kwenye kushughulika kesi za uvunaji haramu wa misitu,
unaona kuna changamoto zozote za kisheria kwenye utunzaji wa misitu?
8. What challenges do you often face in enforcing forest laws to curbing illegal
logging?
Je ni changamoto zipi mnakutana nazo kwenye utekelezaji wa sheria kuzuia
uvunaji haramu wa misitu?
9. How do you cooperate with other authorities in protecting forests against illegal
logging?
Probe: WEO/VEO/Village Chairpersons, Prosecutors, courts, other
authorities.
Unashirikiana vipi na mamlaka zingine kwenye kulinda misitu dhidi ya uvunaji
haramu?
Dadisi: Watendaji wa kata/vijiji, wenyeviti wa vijiji, waendesha
mashtaka, mahakama, mamlaka nyingine.
Ni madhara gani yanayosababishwa na ongezeko wa uvunaji haramu wa

misitu?
135
INTERVIEW GUIDE IV
(NGO & CBO)
1. How long have you been working with this NGO?

Umefanya kazi kwa muda gani na shirika hili?
2. What are the roles of this NGO in forests protection?
Nini majukumu ya shirika hili kwenye ulindaji wa misitu?
3. What specifically this NGO does in protection of forests especially against
illegal logging?
Nini shirika hili linafanya kwenye ulindaji wa misitu haswa dhidi ya uvunaji
haramu?
4. On your experience, is the rate of illegal logging of forests increasing or
decreasing on year-to-year basis?
Je, kwa uzoefu wako kiwango cha uvunaji haramu wa misitu kinaongeza au
kinapungua mwaka hadi mwaka?
5. What are the reasons for the rate of illegal logging of forests is at the rate you
have identified?
Nini sababu za kiwango cha uvunaji haramu kama ulivyotambua?
6. What are the forest protection requirements breached often?
Ni matakwa yapi ya utunzaji misitu yanavunjwa mara kwa mara?
7. In relation to the roles of this NGO, what are the current and continuing efforts
in curbing illegal logging in the region?
Ni juhudi gani za sasa na za kuendelea zenye lengo la kuzuia uvunjwaji haramu
wa misitu?
8. What challenges do you face in exercising your forests protection duties,
especially against illegal logging?
Je ni changamoto gani mnakutana nazo kwenye utekelezaji wa majukumu yenu
ya ulindaji wa misitu, haswa kuzuia uvunaji haramu wa misitu?
9. What are impacts of the increasing illegal logging?
136
Ni madhara gani yanayotokana na ongezeko la uvunaji haramu wa misitu?

137
INTERVIEW GUIDE V
(FOREST PRODUCE DEALERS)
1. For how long have you been dealing with forest produces?
Umekuwa ukifanya shuguli za uvunaji misitu kwa kipindi gani?
2. Do you have licence?
Je, una leseni?
3. If yes, when did you obtain your licence?
Kama ndio, uliipata lini?
4. What is your specific business over forest produces?
Biashara yako maalumu ni ipi kwenye mali misitu?
5. Have you ever operated your business illegally? If yes why?
Probe: Expiry of licence, Avoid charges? etc.
Umewahi kufanya biashara yako isivyo halali? Kama ndio kwa nini?
Dadisi: Leseni iliisha muda wake, kukwepa ushuru? n.k.
6. Have you ever heard or met illegal logger?

Probe: One without licence, overstay, illegal transporter, illegal seller or
purchase?
Je, umewahi kumsikia au kukutana na mvunaji haramu za misitu?
Dadisi: ambaye hakuwa na leseni, aliyekaa nje ya muda, msafirishaji

haramu, muuzaji au mnunuzi haramu?
7. Are there serious complications in obliging to legal requirements in forest
dealing?
Probe: challenges in procuring licence, corruption indicators to
authorities?
Je, kuna vikwazo kwenye kufuata taratibu za kisheria kwenye uvunaji misitu?
138
Dadisi: changamoto kwenye upatikanaji wa leseni, viashiria vya rushwa
kutoka kwa mamlaka?
8. Do you think why there is a number of illegal loggers despite that the law sets
requirements for lawful dealing with forests?
Unadhani ni kwa nini kuna idadi ya wavunaji haramu japokuwa sheria
imeweka matakwa ya kuvuna misitu kihalali?
9. Do you consider law enforcers just and fair in discharging their functions?
Unadhani watekelezaji wa sheria za misitu wanatenda haki na usawa kwenye
kutekeleza majukumu yao?

139
INTERVIEW GUIDE VI
(VEOs, WEOs & VILLAGE CHAIRPERSONS)
1. How long have you taken hold of this position?

Umeshika wadhifa huu kwa muda gani?
2. What are your specific roles in protection of forests?
Ni nini makukumu yako maalum kwenye ulindaji wa misitu?
3. How do you engage your community in forests protection?
Kwa namna gani unaihusisha jamii yako kwenye utunzaji wa misitu?
4. Do you have any idea on what illegal logging of forest is? What is it?
Unafahamu maana ya uvunaji haramu wa misitu? Nini maana yake?
5. How do you deal with illegal loggers?
Unashughulika vipi na wavunaji haramu?
6. What challenges do you face in protection of forests against illegal logging?
Ni changamoto gani unakutana nazo kwenye ulindaji wa misitu dhidi ya
uvunaji haramu?
7. Have you ever been enticed either way by a forest illegal dealer to stop dealing
with him/her or to allow illegal operation?
Umewahi kushawishiwa kwa namna yoyote na mvunaji haramu wa misitu ili
usimshugulikie au uruhusu aendelee kuvuna kiharamu?
8. If yes, what was the enticement? how did you react?
Kama ndio, ushawishi ulikuwa ni upi? ulifanyaje?
9. How do you cooperate with other authorities in detecting and reacting to the
chain of illegal logging of forests?
Probe: Feedbacks, challenges, etc?
Unashirikiana vipi na mamlaka nyingine kwenye kugundua na kushughulikia
mnyororo wa uvunaji haramu wa misitu?
Dadisi: kutoa majibu/maoni, changamoto?
140
Dadisi: kimazingira, kimapato, kujikimu?

141
INTERVIEW GUIDE VII
(COMMUNITY MEMBERS)
1. For how long have you lived in this village/ward?

Umeishi kwenye kijiji/kata hii kwa muda gani?
2. What is your main activity for earning?
Shughuli yako kuu inayokupatia kipato ni ipi?
3. How do you economically depend on forests?
Kwa namna gani unategemea misitu kiuchumi?
4. How threatful to the forests’ sustainability is your dependency?
Kwa namna gani utegemezi wako ni hatari kwenye ustawi wa misitu?
5. Do you know your responsibilities as a forest protector by living in a village
bordering forests?
Je, unafahamu majukumu yako kama mlinda misitu kwa kuishi kwenye kijiji
kinachopakana na misitu?
6. If yes, how do you implement this duty?
Kama ndio, ni kwa namna gani unatekeleza wajibu wako huu?
7. Do you have any idea on what illegal logging of forests is? What is it?
Unafahamu maana ya uvunaji haramu wa misitu? Nini maana yake?
8. Have you ever heard or met any incident of illegal logging of forests? If yes,
how did you do?
Probe: Reporting, detecting?
Umeshawahi kusikia au kukutana na suala lolote linalohusiana na uvunaji

haramu wa misitu? Kama ndio, ulifanyaje?
Dadisi: utoaji taarifa, ugunduzi?
9. How do you cooperate with responsible authorities in dealing with illegal

loggers?
142
Unashirikiana vipi na mamlaka husika kwenye kushughulika na wavunaji
haramu?
10. Do you think your local leaders in this area are doing the needful?
Je, unadhani viongozi wa serikali za mitaa katika eneo hili wanatekeleza wajibu
wao ipasavyo?
11. What challenges do you face in protecting forests against illegal dealers?
Ni changamoto gani unakutana nazo kwenye kulinda misitu dhidi ya uvunaji
haramu?
Dadisi: Kimazingira, mapato, kujikimu?

143

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PROTECTING FORESTS AGAINST ILLEGAL LOGGING IN TANZANIA:

EXAMINING THE LAW AND PRACTICE

Claudi Christopher Kilonzo

A Dissertation Submitted in Partial Fulfillment of the Requirements for Award of

Accepted for the Board of the Faculty of Law

DEAN, FACULTY OF LAW

I also express my sincere appreciation to my supervisor, Dr. Seraphina M. Bakta, first,

Africa Convention on Conservation of Nature and Natural Resources, OAU Doc

Convention on International Trade in Endangered Species of Wild Fauna and Flora,

East Africa Community Protocol on Environmental and Natural Resources

International Convention on Protection of Birds Useful in Agriculture, IUCN.ID: TRE-

Non-Legally Binding Authoritative Statement of Principles for a Global Consensus on

Rio Declaration on Environment and Development, UN Doc. A/CONF.151/26 (Vol.1)

Stockholm Declaration of the United Nations Conference on the Human Environment,

United Nations Framework Convention on Climate Change, A/RES/48/189 (1992)

The Constitution of the United Republic of Tanzania, [Cap. 2 R.E. 2002].

The Environmental Management Act, No.20 of 2004.

The Forest (Sustainable Utilization of Logs, Timber, Withies, Poles or Charcoal)

The Forest Act, [Cap. 323 R.E. 2002].

The Forest Ordinance, 1921. (Repealed).

The Forest Ordinance, 1933. (Repealed).

The Forest Ordinance, 1957, [Cap. 386 of 1957]. (Repealed).

The Forest Regulations, Government Notice No.153 of 2004.

The Penal Code, [Cap. 16 R.E. 2022].

The Written Laws (Miscellaneous Amendment) (No.2) Act, No.4 of 2016.

FBD -Forest and Beekeeping Division

LIST OF LEGAL INSTRUMENTS............................................................................vi

ABBREVIATIONS AND ACRONYMS.....................................................................ix

1.2 Background to the Problem........................................................................................3

1.3 Statement of the Problem...........................................................................................9

1.4 Research Objectives..................................................................................................10

1.4.1 General Objective..................................................................................................10

1.4.2 Specific Objectives................................................................................................10

1.5 Research Questions...................................................................................................11

1.6 Significance of the Study..........................................................................................11

1.7 Scope of the Study....................................................................................................11

1.8 Literature Review.....................................................................................................12

1.9.1 Type of Study........................................................................................................17

1.9.2 Research Design and Approach.............................................................................17

1.9.3 Study Population....................................................................................................18

1.9.4 Sample Size and Sampling Methods.....................................................................18

1.9.5 Sources of Data......................................................................................................19

1.9.6 Methods of Data Collection...................................................................................19

1.9.6.1 Documentary Review.........................................................................................20

1.9.7 Instruments of Data Collection..............................................................................20

1.10 Data Analysis and Data Interpretation....................................................................21

1.11 Limitation of the Study...........................................................................................21

1.12 Ethical Considerations............................................................................................21

CONCEPTUAL FRAMEWORK OF THE STUDY.................................................23

2.3 Forest Protection.......................................................................................................26

2.4 Illegal Logging of Forests.........................................................................................30

2.5 The Relationship between Legal Regime and Practical Situation............................34

2.6 The Concept of ‘Legal and Practical Challenges’....................................................36

LEGAL AND INSTITUTIONAL FRAMEWORK ON FORESTS PROTECTION

3.2 The Legal Framework...............................................................................................38

3.2.1 International Legal Framework.............................................................................38

3.2.1.1 The Convention on Biological Diversity............................................................39

3.2.1.2 The United Nations Framework Convention on Climate Change......................40

3.2.1.3 The United Nations Convention to Combat Desertification...............................40

3.2.1.4 Convention on International Trade in Endangered Species...............................41