Electronic waste (e-waste) is a term used loosely to refer to obsolete, broken, unusable or irreparable electronic devices like televisions, CPUs, computer monitors (flat screen and cathode ray tubes, laptops, printers, scanners, and associated wiring The definition of e-waste is extended to include other second hand e-products which are being exported from their countries of original to other developed countries. E-waste management is a global concern and it becomes a priority as the world experiences tremendous technological innovations, countries are being forced to develop and adopt new models for the collection and environmentally sound disposal of this waste. In Tanzania there is no specific legislation with regards to the management of e-waste disposal; its legal setting through EMA covers the issue of e-waste disposal in a general context. It clusters e-waste together with other solid waste. The Act doesn’t have any specific provisions on e-waste. The Act under Part IX considers e-waste in general context as hazardous waste thus making its regulation and management ineffective. This research tests the hypothesis on whether there is a legal lacuna with respect to statutory and regulatory framework dealing with e-waste disposal in Tanzania, whether statutory and regulatory framework in Tanzania, with regards to e-waste disposal is sufficient and effective in protecting, preventing and controlling e-waste disposal in Tanzania and whether the establishment of specific e-waste policy and enactment of specific legislation regarding e-waste disposal in Tanzania would amount to equitable solution over e-waste management. The main objective of the study is to identify legal lacuna that exist on the management e-waste disposal in Tanzania, to make an analysis of the statutory and regulatory framework with regards to e-waste disposal and to recommend establishment of effective legislation with regards to e-waste management in Tanzania. In realizing the objective; the research and made extensive analysis of legal framework on management of e-waste disposal; and various findings are discussed in connection with the interviews and questionnaire and in the final end the research recommends establishment of e-policy, regulatory authority and enactment of specific policy to cover for the management of e-waste disposal.
Table of Contents
CHAPTER ONE
GENERAL INTRODUCTION, BACKGROUND OF THE STUDY AND METHODOLOGICAL ISSUES
1.0 Introduction.
1.1 Background of the problem.
1.2 Statement of the problem.
1.3 General Research Objective.
1.4 Specific objectives
1.5 Hypothesis.
1.6 Significance of the Research.
1.7 Literature review.
1.8 Research Methodology.
1.9 Data Collection Method.
1.9.1 Primary Sources.
1.9.2 Interview.
1.9.3 Questionnaire.
1.9.4 Secondary Sources.
1.10 Data Analysis Technique.
1.11 Scope and Limitation of the study.
CHAPTER TWO
CONCEPTUAL FRAMEWORK ON THE MANAGEMENT OF E-WASTE DISPOSAL IN TANZANIA
2.0Introduction.
2.1 Definition of E-Waste.
2.1.1. Categories of Electrical and Electronic Equipment Covered By These Definitions.
2.1.2. List of Products Which Fall Under Each Category.
2.1.3 Types of E- Waste.
2.2.0 E-Waste Composition.
2.2.1 E-Waste Toxic Components and Their Effects.
2.2.2 Global Estimates of E-Waste.
2.2.3 Current Status of E-Waste in Tanzania
2.3.0 The Human and Environmental Effects of E-Waste
2.3.1. E-Waste Disposal.
2.3.2. Important Methods of E Waste Disposal.
2.3.3 Conclusion.
CHAPTER THREE
ANALYISIS OF LEGALAND INSTITUTIONAL FRAMEWORK ON MANAGEMENT OF E-WASTE DISPOSAL IN TANZANIA
3.0. Introduction
3.1. Legislations and Policies.
3.2 An Overview of e-waste Related Policies:
3.2.1 National Environment Policy (1997)
3.2.2 Functions of the National Environment Policy, 1997.
3.2.3 Objectives of the National Environment Policy, 1997
3.2.4National Energy Policy (2003)
3.2.5The Sustainable Industrial Development Policy (1996-2020)
3.2.6National Trade Policy (2003)
3.2.7National Water Policy (2002)
3.2.8Human Settlement Development Policy (2002)
3.2.9National ICT Policy (2003)
3.3. Specific E-Waste Management Legislation.
3.3.1 The Constitution of the United Republic of Tanzania:
3.3.2 The EMA No. 20 of 2004:
3.3.3 Main Objectives of EMA (2004)
3.3.4 The Structure of EMA (2004)
3.3.5 Compliance and Enforcement.
3.3.6 Offences and Civil Liabilities
3.3.7 Offences
3.3.8 Civil Liability
3.3.9 Provisions Relating to Waste and E-Waste Management.
3.3.10 Institutional Framework
3.3.11 Environment Management (Hazardous Waste Control and Management) Regulations, 2009
3.3.12 The Environmental (Solid Waste Management) Regulations of 2009:
3.4. E-Waste Related Legislation
3.4.1 Occupational Health and Safety Act, 2003
3.4.2 The Structure of Occupational Health and Safety Act, 2003
3.4.3 Compliance and Enforcement.
3.4.4 Provision Relating to Waste and E- Waste Management.
3.4.5 Institutional Framework
3.5. The Standards Act,
3.5.1 Structure of the Standards Act
3.5.2 Compliance and Enforcement.
3.5.3 Provisions Relating to Waste and E-Waste Management.
3.5.4 Institutional Framework
3.7 The Merchandise Marks Act
3.7.1 The Structure of the Merchandise Marks Act
3.7.2 Provisions Relating to Waste and E-Waste Management.
3.7.3 The Merchandise Marks Regulations, 2008
3.7.4 Specific provisions relating to e-waste management
3.8 Local Government Authorities
3.9 Conclusion
CHAPTER FOUR
RESEARCH FINDINGS ON E - WASTE DISPOSAL MANAGMENT IN TANZANIA
4.0 Introduction
4.1 Challenges on the Management of E-waste in Tanzania.
4.2 The Need of Separate E-Waste Legislation.
4.3 Whether there is a legal lacuna with respect to the management of e-waste disposal in Tanzania.
4.4 Whether the statutory and regulatory framework with regards to the management of e-waste disposal in Tanzania is effective and sufficient.
4.5 Whether the establishment of specific e-waste policy and enactment of specific legislation on e-waste management would solve the problem on e waste disposal in Tanzania.
4.6 Findings from Literatures
4.6.1India
4.6.2 Challenges of E-waste (Management) Rules, 2016
4.6.3 Nigeria
4.6.4 Challenges on E-waste management in Nigeria
4.6.5 Switzerland
4.7Conclusion.
CHAPTER FIVE
SUMMARY, CONCLUSION AND RECOMENDATIONS
5.0 Introduction
5.1 Summary of the Study
5.2 Conclusion
5.3 Recommendations
Research Objectives and Focus
The primary research objective of this study is to examine the current statutory and regulatory framework regarding e-waste disposal in Tanzania to identify existing legal gaps. The study aims to evaluate whether the current environmental regulations are effective and sufficient in managing the growing influx of electronic waste and to provide evidence-based recommendations for the establishment of a specific e-waste policy and legislation.
- Analysis of the existing legal framework and institutional setup for e-waste management in Tanzania.
- Identification of "legal lacunae" (regulatory gaps) within the Environment Management Act (EMA) and other relevant policies.
- Evaluation of the environmental and health risks associated with the improper disposal of electronic devices.
- Comparative review of e-waste management strategies and legislation from India, Nigeria, and Switzerland.
- Development of recommendations for an effective regulatory authority and specific e-waste legislation.
Auszug aus dem Buch
1.1 Background of the problem.
"Electronic for consumers are being treated like disposable items more and more every day. One of the major factors causing this trend is that companies are endlessly marketing new technologies to us, which effectively render recent products as obsolete"12
Departing from the above quote, it is undisputable fact that the acceleration of technological innovation is too high. Over the years we have experienced firsthand how fast the use of ICT and EEEs has been adopted globally. It's evident that the numbers of ICT and EEEs 13 users have gradually being increasing both in the developed counties and the developing countries, and the trend affects urban cities as well as rural areas.14
The history of waste management can be traced back from the pre-modern times when the amount of waste generated was insignificant due to low population density, low technology and low societal level of the exploitation of natural resources. Common waste produced during that time was mainly ashes and human biodegradable waste, and these were released back into the ground locally, with minimum environmental impact. 15 Due to the technological level of the time, e-waste was not a challenge and was not predicted to be the future challenge and as an area of concern in environment protection. In fact in some circumstances it was taken or considered to be important for ground fertilization.
Summary of Chapters
CHAPTER ONE: Provides the general introduction, background, statement of the problem, and methodology used for the research on e-waste in Tanzania.
CHAPTER TWO: Establishes a conceptual framework by defining e-waste, categorizing electrical and electronic equipment (EEE), and analyzing the toxic composition and human health risks associated with e-waste.
CHAPTER THREE: Analyzes the existing legal and institutional framework in Tanzania, including the Constitution, the Environment Management Act (EMA), and various policies related to industry, trade, and ICT.
CHAPTER FOUR: Presents the research findings, highlighting challenges in current e-waste management and providing a comparative analysis of international case studies (India, Nigeria, and Switzerland).
CHAPTER FIVE: Offers a summary of the entire study, draws final conclusions regarding the inadequacy of current regulations, and provides specific recommendations for policymakers.
Keywords
E-waste, Electronic Waste, Statutory Framework, Regulatory Framework, Tanzania, Environment Management Act, EMA, E-waste Disposal, Environmental Protection, Legal Lacuna, Sustainable Development, Extended Producer Responsibility, EEE, Toxic Waste, Waste Management.
Frequently Asked Questions
What is the primary focus of this research?
The research focuses on analyzing the statutory and regulatory framework governing e-waste disposal in Tanzania to determine if current laws are sufficient to address environmental and health concerns.
What are the central themes discussed in the work?
Central themes include the rapid growth of electronic waste (e-waste), the inadequacy of current environmental legislation, the lack of specific policy for e-waste, and the need for institutional reforms.
What is the primary objective of the study?
The main objective is to identify the legal "lacuna" (gaps) in Tanzanian legislation and propose effective, specific solutions for managing e-waste disposal.
Which scientific methods were employed?
The study adopted an analytical research design, utilizing both primary data (interviews and questionnaires with experts and stakeholders) and secondary data (analysis of statutes, reports, and international legal instruments).
What does the main body of the work cover?
The main body covers a conceptual framework of e-waste, a critical analysis of Tanzanian national policies and acts (like the EMA 2004), and a comparative study of e-waste management strategies used in India, Nigeria, and Switzerland.
Which keywords characterize this work?
Key terms include e-waste, statutory framework, regulatory framework, Tanzania, Environment Management Act (EMA), sustainable development, and legal lacuna.
Why does the author argue that the current EMA 2004 is ineffective?
The author argues it is ineffective because it clusters e-waste with general hazardous waste, lacks specific provisions for the electrical/electronic sector, and relies on voluntary take-back systems rather than binding legal obligations.
What role do the case studies of India, Nigeria, and Switzerland play?
These case studies serve as international benchmarks, illustrating how countries with different levels of economic development have successfully developed specific e-waste regulations, thereby supporting the argument that Tanzania requires similar, tailor-made legislation.
What is the author's final recommendation regarding a "National E-waste Control Regulatory Authority"?
The author recommends the establishment of a dedicated authority, to be called NECRA, to exclusively oversee and control e-waste management in Tanzania, replacing the current fragmented approach.
- Quote paper
- Francis Mbago (Author), 2018, E-Waste Disposal in Tanzania. Analysis of Statutory and Regulatory Framework, Munich, GRIN Verlag, https://www.grin.com/document/439297
