To better assess the feasibility of a marine transboundary conservation area (TBCA) between Kenya and Tanzania, the ICCF Group commissioned a study led by Legal Atlas to examine the legal foundations for managing a marine transboundary conservation area between the two countries.
The study was made possible through funding by the Global Environment Facility (GEF) and in partnership with the United Nations Environment Programme (UNEP)
To better assess the feasibility of a marine transboundary conservation area (TBCA) between Kenya and Tanzania, the ICCF Group, through funding by the Global Environment Facility (GEF) and in partnership with the United Nations Environment Programme (UNEP), commissioned a study led by Legal Atlas to examine the legal foundations for managing a marine transboundary conservation area between the two countries.
The study, titled "Policy Harmonization Study and Legislative Gap Analysis for a Marine Transboundary Conservation Area (TBCA)," assessed the status and adequacy of existing legislation and developed specific best practices for marine conservation areas. This study was developed in collaboration with the Western Indian Ocean Marine Science Association (WIOMSA) and Macquarie University.
In collaboration with Legal Atlas and WIOMSA, the ICCF Group convened a summit on June 5th and 6th, 2024, in Dar Es Salaam, Tanzania, to serve as a pivotal platform for sharing the findings of the Policy Harmonization Study and Legislative Gap Analysis. The summit brought together 21 parliamentarians from the Parliamentary Conservation and Climate Change Caucus Kenya (P4CK) and Tanzania’s Parliamentary Friends of the Environment (TAPAFE) Caucus, including key stakeholders working in the region, underscoring the regional commitment to marine conservation. Hon. Esther Matiko, the Deputy Chairperson of TAPAFE, opened the summit welcoming all participants to Tanzania, with Hon. Charity Kathambi and Hon. Rozaah Buyu, the Co-Chairs of P4CK, providing remarks as well. As leaders of their respective caucuses, the Members of Parliament introduced their colleagues present and affirmed their caucuses’ commitment to elevating the importance of responsible environment and natural resource management in Kenya and Tanzania. Additionally, Jill Barasa, the ICCF Group’s Africa Program Director, and Arthur Tuda, WIOMSA’s Executive Secretary, gave welcoming remarks.
To open the technical presentations, Magreth Mchome from Tanzania’s Marine Parks Reserve Unit (MPRU) presented on the development of the proposed TBCA between Kenya and Tanzania, highlighting the collaborative efforts initiated by various partners to preserve the rich biodiversity and ecosystems spanning both countries' borders. Arthur Tuda then presented on activities done towards the TBCA, highlighting progress from its inception to the present, its successes and challenges, and outlining the proposed next steps to advance the process and how parliamentarians can be involved. He also presented on the valuation of the TBCA, highlighting that a TBCA could serve as an investment opportunity for Kenya and Tanzania, providing livelihoods to a large population and significantly increasing natural capital and ecosystem service values.
Florence Magoma from Kenya Wildlife Service presented on the status of a Memorandum of Understanding (MoU) between KWS and MPRU. Collaboration between the two entities began in 2015 with a study supported by UNEP, the Nairobi Convention, and WIOMSA, which recommended establishing a marine TBCA along the shared border. The anticipated signing of the MoU will be a significant step towards providing an effective framework for managing and conserving the rich biodiversity within the transboundary area. Lastly, James Winguard from Legal Atlas presented the Policy Harmonization Study and Legislative Gap Analysis to the parliamentarians, highlighting the legislative gaps and policies that need alignment by both countries to ensure the sustainable management of their shared marine resources. He also provided legislative agendas to the Members of Parliament, summarizing the findings and recommending legal reforms for the respective countries.
To close the summit, the delegation of parliamentarians visited Bongoyo Island, a protected and uninhabited island under the Dar es Salaam Marine Reserve. During the visit, they were briefed by representatives of the MPRU and learned about community-led marine conservation efforts currently underway. The island is home to some of Tanzania's largest specimens of endangered coconut crabs and serves as a popular day trip destination for both tourists and Tanzanian residents. The meeting concluded with a renewed commitment to collaborative action, recognizing the critical role of legal frameworks in advancing transboundary marine conservation efforts.
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