Forest Laws

There has been a substantial international influence in Tanzanian Forest law. Firstly, State forest reserves were established by colonial powers, demarcating and alienating forests from customary control. Secondly, forest laws have been developed and implemented by reference to international treaties, conventions and agreements; and thirdly, international donor organisations have assisted in supporting both the creation and implementation of forest policy. Historical contingency has also played a major role in development of Tanzanian forest law. In the last one hundred years or so Tanzania has undergone three major changes of administration, each leaving a legacy of law, policy and land use. Acquisition of the State forest estate has been progressive. Forest reserves gazetted under the German administration of 1891-1919 were retained by the British from 1919-1961 and most are still recognised today by the Tanzanian government. Over time, each administration continued to add to the State controlled area with more forest reserves, game reserves and national parks.

While the physical boundaries of these forest reserves have usually remained the same over time, the policies under which they were managed have changed. Under customary law forest was preserved for traditional rituals, resource conservation and acted as a source of famine foods or shelter during inclement times. The eastern African climate is unpredictable and maintaining a mosaic of vegetation types with a range of resources was a well regulated part of traditional land use management that enabled people to survive droughts or excessive rains.

The German and British administration were concerned about over-exploitation of the forest resource by timber extraction, replacement by cash-crop plantations and degradation by fire. After independence the Government of Tanzania continued to use the 1957 British forest ordinance, but this was replaced in 1998 by a new forest policy and in June 2002 by a completely revised Forest Act. The new policy and law integrate the sentiments of the international 1992 Biodiversity Convention with a recognition that people living near to forest reserves should be involved in forest management.

This text and the text in other pages in this section is taken from:

Lovett, J.C. In press. Statute Note: The Forest Act, 2002. Journal of African Law

Lovett, J.C. In press. Tanzania Forest Law. In: Chaytor, B and Gray, K. Environmental Law and Policy in Africa, Kluwer Law International, The Hague.

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