ETHIOPIAN NATIONAL ENVIRONMENTAL LAW

DEVELOPMENT AND ENFORCEMENT PROGRAMME

2020 - 2030

FOREWORD
Ethiopia’s environment and natural resources lie at the core of our national economic development
plans and ensure the livelihoods of many people. These irreplaceable natural assets and their
importance to Ethiopia’s prosperity are recognized in numerous national polices, legislative
frameworks, as well as, the Constitution itself. Significant efforts have been made over recent years to
sustainably harness the benefits of our environment and natural resources for the benefit of all
Ethiopians. The ecological importance of the Ethiopian environment, not only for the country itself but
also for the wider region, has made Ethiopia a front runner within the international environmental and
climate change arenas.

Ethiopia’s unique position has also allowed for the development of the Climate Resilient Green
Economic strategy and numerous green growth initiatives that form an integral part of the country’s
Growth and Transformation Plans. To ensure the realization of these ambitious growth plans, as well
as, tangible outcomes for our international commitments, practical steps to translate policy and
strategy into practice and achieve tangible outcomes are necessary. Environmental laws are one of the
primary mechanisms to achieve this and the EFCCC has developed numerous pieces of legislation
setting out the environmental norms, expected actions and consequences of failures to comply. These
environmental laws alone, however, are not enough to achieve the necessary results. Broad and wide-
ranging efforts to raise awareness, alter behaviour, and achieve institutional collaboration and
coordination are needed.

Through this National Environmental Law Development and Enforcement Programme, the
Environment, Forest and Climate Change Commission intends to ensure the establishment of
environmental rule of law within Ethiopia. Over a ten-year period, the Programme aims to harness the
untapped capacity and environmental interests within Ethiopia to ensure truly sustainable
development. This cannot be achieved by the EFCCC alone and will require the collaboration and
coordination of diverse institutions and actors. Ongoing efforts of development partners and various
sectoral ministries will be leveraged to achieve maximum results and cost efficiency.

This EFCCC initiated and led Programme represents Ethiopia’s long-term commitment and strategic
approach to improve environmental protection and sustainable natural resource utilization through
strengthened legal frameworks, improved implementation and effective enforcement. By enhancing
public and institutional environmental awareness, access to information, community participation and
engagement, and enforcement consistency and perceived legitimacy, a general culture of
environmental compliance will be encouraged within both the public and private sectors, as well as,
amongst our citizens. Ethiopia’s environment and natural resources belong to all of Ethiopia’s people
and it is the responsibility of each of us to protect them for the benefit of both the current and future
generations.

The EFCCC is committed to achieving the ambitious, yet needed, targets of the Programme and invites
all stakeholders to jointly work towards the implementation of this innovative and Ethiopian driven
initiative.

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TABLE OF CONTENTS

PART I
1. 1.1 Introduction 7
1.2 Programme Objective 8
1.3 Guiding Principles 9
1.4 Vision 10
2. Constitutional, Institutional and 11
Policy Framework
2.1 Constitution of the Federal 11
Democratic Republic of Ethiopia
2.2 Ethiopian Environmental Policy 12
2.3 Growth and Transformation Plans 13
and Climate Resilient Green Economy
2.4 Institutional Framework 14
3. Current National Environmental 16
Legislative Framework
3.1 Domestic Federal Environmental 16
Legislation
3.2 International Legal Framework 17
4. Sectoral Drivers of Environmental 19
Degradation
4.1 Agriculture 20
4.2 Manufacturing and Industrialization 24
4.3 Forest, Woodland and Tree 27
Resources
4.4 Energy, Transport and Urban 30
Development
4.4.1 Urban Development and 30
Construction
4.4.2 Transport 31
4.4.3 Energy 31
4.5 Wildlife and Biodiversity 35

2
 4.6 Summary Table of Common Driving 38
Forces and Environmental Impacts
5. Expected Programme Impacts 39
5.1 Pillar 1: Education and Justice 40
5.2 Pillar 2: Enforcement and 41
Institutional Strengthening
5.3 Pillar 3: Citizen and Civil Society 42
Engagement
5.4 Fulfilment of Institutional Mandate 42
5.5 Advancement of Sustainable 43
Development Goals
5.6 Drivers of Environmental 43
Degradation Strategically Addressed
PART II Law Development and Improved
Implementation and Enforcement
Strategies
6. Education and Justice 46
6.1 Environmental Education and Judicial 46
Capacity Development
6.1.1 Context and Targets 47

6.1.2 Environmental Education and Judicial 49

Capacity Development Action Plan
6.2 Green Tribunal and Benches 54
6.2.1 Context and Targets 54
6.2.2 Green Tribunal and Benches Action 56
Plan
6.3 Environmental Law Development 59
6.3.1 Context and Targets 60
6.3.1.1 Standing 60
6.3.1.2 Remedies 61
6.3.1.3 Procedural and Institutional 63
6.3.2 Environmental Law Development 65
Action Plan
6.4 Operationalisation of Legislation 71
6.4.1 Operationalisation of Legislation 72

3
 Action Plan
7. Enforcement and Institutional 76
Strengthening
7.1 Development of Sector Specific 76
Enforcement Strategies
7.1.1 Context and Targets 76
7.1.2 Sector Specific Enforcement 78
Strategies Action Plan
7.2 Strengthening of Inspection and 88
Enforcement Capacity
7.2.1 Context and Targets 88
7.2.2 Strengthening of Inspection and 90
Enforcement Action Plan
7.3 Strengthening of Institutional 96
Coordination and Cooperation
7.3.1 Context and Targets 96
7.3.2 Strengthening of Institutional 99
Coordination and Cooperation Action Plan
8. Citizen and Civil Society Engagement 105
8.1 Access to Information and Effective 105
Public Communication
8.1.1 Context and Targets 105
8.1.2 Access to Information and Effective 109
Public Communication Action Plan
8.2 Public Participation and Public 114
Awareness
8.2.1 Context and Targets 114
8.2.2 Public Participation Action Plan 117
9. Gender Mainstreaming and 122 protection of Vulnerable Groups
10. Risks and Mitigation Measures 123
11. Conclusion 125
Annex 1 Table of Current Domestic Federal 127
Environmental Legislation
Annex 2 Table of Multilateral Environmental 135
Agreements
Annex 3 Table of Impact on Fulfilment of 143

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 Institutional Mandate
Annex 4 Table of SGD Advancement 148 LIST OF ABBREVIATIONS

Abbreviation Stands for

AG Attorney General
Agenda 2063 African Union Agenda 2063: The Africa We Want
CRGE Climate Resilient Green Economy
CSC Civil Service Commission
CSU Civil Service University
EARO Ethiopian Agricultural Research Organisation
EBI Ethiopian Biodiversity Institute
EBTC Ethiopian Biotechnology Council
EBTI Ethiopian Biotechnology Institute
ECSE Ethiopian conformity Assessment Enterprise
ECC Ethiopian Customs Commission
EEP Ethiopian Environmental Policy
EFCCC Environment Forest and Climate Change Commission
EIA Environmental Impact Assessment
ERCs Environmental Resource Centres
ESA Ethiopian Standards Authority
EWDCA Ethiopian Wildlife Development and Conservation
Authority
FDRE Federal Democratic Republic of Ethiopia
FMHCACA The Food, Medicine and Health Care Administration and
Control Authority
FJOPTC Federal Justice Organs Professionals Training Centre
FTVETA Federal Technical and Vocational Education and Training
Agency
GTP’s Growth and Transformation Plans
ICS International Classification of Standards
JEEU Joint Environmental Enforcement Units
JLRTI Justice and Law Training Institute
MoA Ministry of Agriculture
MoCT Ministry of Culture and Tourism
MoF Ministry of Finance

5
MoIT Ministry of Innovation and Technology
MoMP Ministry of Mines and Petroleum
MoSH Ministry of Science and Higher Education
MoP Ministry of Peace
MoST Ministry of Science and Technology
MoT Ministry of Transport
MoTI Ministry of Trade and Industry
MoUDC Ministry of Urban Development and Construction
MoWCY Ministry of Women, Children and Youth
NBSAC National Bio-Safety Advisory Committee
NELDEP National Environmental Law Development and
Enforcement Programme
PES Payment for Ecosystem Services
Programme National Environmental Law Development and
Enforcement Programme
REA Regional Environmental Authority
REDD+ Reducing Emissions from Deforestation and Forest
Degradation
RELS Reduced Emissions from Livestock
SDG Sustainable Development Goal
SEA Strategic Environmental Assessment
VDAFACA Veterinary Drug and Animal Feed Administration and
Control Authority

PART 1
1.1 INTRODUCTION

The Ethiopian economy has recently experienced significant growth, with the Government of Ethiopia
aiming to achieve middle income status by the year 2025.1 The strategy to achieve this goal is set out
in a series of three five-year Growth and Transformation Plans (2010 to 2015; 2015 to 2020 and 2020
to 2025)2 and the Climate-Resilient Green Economy Initiative.3 The core objectives of the Growth and
Transformation Plans (GTPs) and Climate-Resilient Green Economy (CRGE) initiative are to accelerate
economic growth whilst at the same time utilising natural resources sustainably to ensure human

1
Ethiopian Vision 2025.
2
Ethiopian Growth and Transformation Plans.
3
Ethiopian Climate-Resilient Green Economy Initiative.

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development and enhance the quality of life of the Ethiopian population. The GTP requires boosting
agricultural productivity, strengthening the industrial base, and fostering export growth.

Sustainable Development, including sustained economic growth and social development, however,
requires environmental protection and an enabling environment,4 particularly in Ethiopia where one
of the major causes for the fluctuation in real GDP growth rate is climate variability.5 Ethiopia is one of
the most vulnerable countries to climate changes due to its high dependence on rain-fed agriculture
and natural resources. Indeed, the current GTPII relies heavily on the use of Ethiopia’s natural
resources. In the light of this and the importance of the environment for Ethiopia’s long-term growth,
effective environmental protection and conservation strategies are needed. Such environmental
protection and conservation can only be achieved by ensuring clear and enforceable environmental
laws are in place, institutional capacity to monitor and enforce these laws exists, and public awareness,
participation and engagement is facilitated.

To date the protection of Ethiopia’s environment has fallen short of what is necessary to ensure long-
term sustainability. The reasons for this situation are numerous and interrelated with a lack of capacity,
lack of financial resources and technology, loose institutional coordination both within and between
responsible agencies, historically weak political will, and previous focus on short-term economic gain
being amongst the main driving factors for Ethiopia’s currently underdeveloped environmental
protection mechanisms.6

At present the greatest stumbling block for the development of Ethiopia’s environmental protection is
the gap between official commitments, legislative enactments at relevant levels and practical
implementation. Despite the many international treaties, domestic policies, laws and regulations that
have been adopted, putting these legislative commitments into practice has remained a challenge. To
ensure the natural resources vital to Ethiopia’s continued economic development remain resilient and
economic growth continues and remains sustainable there is an urgent need to strengthen the
environmental rule of law with Ethiopia.

1.2 PROGRAMME OBJECTIVES

The objective of this document is to develop a comprehensive and pro-active ten-year programmatic
strategy to address the diving forces of ongoing environmental degradation within Ethiopia and
thereby achieve improved environmental protection, community sustainability and climate change
adaptability. To achieve this the Ethiopian National Environmental Law Development and Enforcement
Programme (Programme) aims to improve the responsiveness and effectiveness of environmental laws
at both the national and regional levels and strengthen overall environmental rule of law within the
Federal Democratic Republic of Ethiopia (FDRE).

4
Global Ministerial Environment Forum Decision 27/9: Advancing justice, governance and law for
environmental sustainability, UNEP/GC.27/9.
5
Ethiopia Second National Communication to the United Nations Framework Convention on Climate Change
(UNFCCC) May 2015 at p 62.
6
Getu M, The Ethiopian Environmental Regime Versus International Standards: Policy, Legal, and Institutional
Frameworks 43 Haramaya Law Review 1:1 (2012) at 65.

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It is envisaged that the ultimate objective of the Programme, which is to ensure Ethiopia’s sustainable
development through the protection and improved resilience of national environmental and natural
resources, will be achieved through carefully coordinated and strategic environmental law
developments and implementation actions. Long-term sustainable development becomes difficult, if
not impossible, in the absence of environmental protection, and environmental laws that are not
understood or enforced, have the potential to erode those environmental protections already in place.

A such, the Programme aims to achieve the objectives outlined below through coordinated and cross-
cutting interventions across the three main thematic areas of Education and Justice (Pillar 1),
Enforcement and Institutional Strengthening (Pillar 2), and Citizen and Civil Society Engagement (Pillar
3). These thematic areas are mutually reinforcing and require synchronised and coordinated
interventions to ensure the improvement of Ethiopia’s environmental rule of law, and thus the
environment, which in turn will ensure future sustainable national development. A primary component
of the Programme is to move away from the current inefficient and environmentally incompatible
siloed approaches to environmental protection by strengthening and integrating environmental law
and implementation components into national education programmes, consumption and production
patterns, institutional structures, and development partnerships. The cross-cutting and multi-
disciplinary goals of gender equality, health and well-being, and decent work and economic growth are
primary considerations to be integrated across the programme components and will both reinforce
and in turn be reinforced by the achievement of the Programme Objective and Outcomes.

The Programme design takes a multi-sectoral approach, based on identified drivers of environmental
degradation linked to the existing national economic growth strategies, and allows for the
development of sectorally relevant and contextualised approaches while leveraging existing sectoral
programmes, institutions, partner organisations and resources. By building on existing environmental
policy and laws, developing human and institutional capacity and coordination, improving information
transparency and management, and empowering citizen engagement, the Programme will ensure an
underlying pillar of Ethiopia’s sustainable development, the environment, is reinforced and in so doing
strengthen Ethiopia’s commitment towards the achievement of the Sustainable Development Goals
(SDGs) and the African Union’s Agenda 2063: The Africa We Want (Agenda 2063).

Objective:
The main objective of the Programme is to achieve improved environmental protection within Ethiopia,
and thus ensure ongoing future sustainable development, through the creation of a culture of
environmental compliance and strengthened environmental rule of law.

This primary objective can only be achieved by ensuring the following outcomes are achieved:
1. Fair, clear and implementable environmental laws;
2. Improved environmental law awareness and understanding at all levels (citizenry, law
enforcement officials, courts, government agencies etc.);

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3. Access to effective environmental justice (accessible, consistent, fair, impartial, responsive and
timely dispute resolution mechanisms);
4. Clear, consistent and proportionate enforcement actions (strategically planned, implemented
and monitored;
5. Fair, effective, transparent and well-coordinated institutions (accountability and integrity of
institutions and decisionmakers);
6. Clear and co-ordinated mandates and roles across and within institutions;
7. Empowered citizenry through improved access to information and public participation.

1.3 GUIDING PRINCIPLES

As the stipulated outcomes suggest, to establish a culture of environmental compliance and

strengthened environmental rule of law the interests of the state, the general public and regulated
communities need to align. This alignment can only be achieved through broad common
understandings of environmental impacts and their linkages to economic growth, human health, and
social development and stability. Institutional transparency and easily accessible information that
encourages citizen driven accountability, as well as, the consistent protection of legal rights and
enforcement of legal obligations, which provide meaningful avenues for redress, are therefore vital for
the achievement of the environmental protection and sustainable development potential.7

To achieve the Programme objective and outcomes, this Programme will need to deploy a widerange
of strategies and interventions to raise environmental awareness, improve environmental rule of law,
develop a culture of voluntary compliance, and strengthen institutional coordination. This will be a
complex task that cannot be achieved by on institution alone. Strong political commitment, multi-
party collaboration and citizen buy-in will be essential.

The following guiding principles will provide a reference to help all relevant parties identify key features
of an effective and efficient system for environmental protection through environmental enforcement
and compliance, institutional cooperation, and citizen engagement.

1. Prevention is better than cure – the deterrent effect of all activities should be maximized and
an expectation that violations will be punished created.
2. Enforcement action must be consistent, transparent and proportionate – regulated
communities must be treated equitably, and actions must be consistent and justifiable.
3. All institutions and officials must act with integrity and accountability – decisions must be
consistent with legal requirements and based on best professional judgment. Officials will be
accountable for discretionary decisions taken.

7
Environmental Rule of Law, First Global Report, UN Environment Programme, 2019, p.1.

9
4. Cooperation and coordination is vital – effective working relationships with other Ministries
and agencies whose activities impact the environment must be established.
5. Existing resources and capacity must be used and enhanced – there is a wealth of existing
capacity that must be harnessed, co-ordinated and utilized effectively.
6. Selectivity and gradualism – to ensure immediate effective action and avoid resource
shortages and activity overload efforts should start small and build on successes to leverage
tangible progress.
7. Culture of compliance – efforts to ensure voluntary compliance with environmental
requirements must be made.
8. Grassroots ownership – effective communication with the general public and opportunities for
citizen participation and contribution to environmental rule of law is vital.

1.4 VISION

By 2030 environmental laws are fully integrated into the development strategies of Ethiopia and
environmental law compliance, implementation and enforcement combine to ensure truly sustainable
development.
Ethiopia’s environment and natural resources are protected by internationally leading, responsive and
effective environmental laws and ownership of and commitment towards environmental rule of law is
firmly developed at all levels of society and amongst all relevant actors. Environmental laws are
accessible and enforceable, applied consistently and equally, and citizens are empowered to
meaningfully participate in and demand environmental protection and access environmentally
relevant information.

2. CONSTITUTIONAL, INSTITUTIONAL AND POLICY FRAMEWORK

A number of legal and policy frameworks that lay the foundation for the implementation of this
Programme have been developed over recent years. These documents recognise the importance of
the environment for Ethiopia’s social and economic development and present numerous opportunities
to strengthen the existing environmental law framework and develop an entrenched culture of
environmental law compliance.

Although the existing institutional structure is highly decentralised and requires strong horizontal and
vertical coordination interventions, the legislative frameworks firmly establish the powers and duties
of the federal, regional and sectoral authorities and provide opportunities to ensure the cross-cutting
nature of environmental law and the importance of local level engagement is accommodated and
facilitated.

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2.1 CONSTITUTION OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA

The Constitution of the Federal Democratic Republic of Ethiopia (the Constitution) is supreme and all
laws, policies and actions inconsistent with its provisions are invalid. Importantly, the Constitution
clearly addresses environmental issues and establishes important benchmarks for Environmental
Rights and Objectives.8

Article 44 provides that all “persons have the right to a clean and healthy environment” and Article 92
contains two provisions directly addressing the rights and obligations of both citizens and the
Government in relation to the environment. While the Government must “endeavour to ensure that
all Ethiopians live in a clean and healthy environment”,9 the obligation “to protect the environment” is
born by both the Government and the Citizens of Ethiopia.10 A negative obligation not to damage or
degrade the Ethiopian environment and its natural resources is thus carried by all Ethiopians. Article
92 further requires that “the design and implementation of programmes and projects of development
shall not damage or destroy the environment”11 and affirms the principle that “[p]eople have the right
to full consultation and expression of views in the planning and implementation of environmental
policies and projects that affect them directly”.12

The Constitution goes further and protects the “Right to development”13 which is elaborated on as the
“… right to improved living standards and to sustainable development”, in which all nationals in
affected communities have the right to be consulted on and participate in. Section 43 also makes all
international agreements and relations subject to the State’s obligation to “protect and ensure
Ethiopia’s right to sustainable development”.14

These provisions clearly place environmental considerations at the centre of development

programmes and projects and represent an important basis for ensuring the cross-cutting nature of
environmental protection is enforceable across all sectors, against all parties and at all levels. Further,
the important aspect of public participation and engagement is entrenched into the national legal
framework when environmental matters are concerned. It is in the light of these provisions and within
the context of the constitutional environmental framework created that Ethiopia has developed its
Environmental Policy15 and is implementing the GTPs and vision for a Climate Resilient Green Economy
(CRGE), with the goal of becoming a low carbon middle income economy by 2025.16 It is also against
the background of this constitutional framework that all other laws, policies, plans and actions,
regardless of sector or responsible authority, must be assessed.

8
Article 44 and 92 of the Constitution of the Federal Democratic Republic of Ethiopia, Proclamation 1 of 1995.
9
Article 92.1 of the Constitution of the Federal Democratic Republic of Ethiopia, Proclamation 1 of 1995.
10
Article 92.4 of the Constitution of the Federal Democratic Republic of Ethiopia, Proclamation 1 of 1995.
11
Article 92.2 of the Constitution of the Federal Democratic Republic of Ethiopia, Proclamation 1 of 1995.
12
Article 92.3 of the Constitution of the Federal Democratic Republic of Ethiopia, Proclamation 1 of 1995.
13
Article 43 of the Constitution of the Federal Democratic Republic of Ethiopia, Proclamation 1 of 1995.
14
Article 43(3) of the Constitution of the Federal Democratic Republic of Ethiopia, Proclamation 1 of 1995.
15
Environmental Policy of Ethiopia, 1997.
16
Ethiopian Vision for a Climate Resilient Green Economy,

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2.2 ETHIOPIAN ENVIRONMENTAL POLICY

The Ethiopian Environmental Policy (EEP) was issued in 1997 and is a Federal level policy spanning
numerous sectoral17 and cross-sectoral areas.18 The EEP recognises that natural resources form the
foundation of the Ethiopian economy and aims to improve and enhance the health and quality of life
of all Ethiopians, while also promoting sustainable social and economic development. To achieve these
objectives, the policy requires the sound management and use of natural, human-made and cultural
resources, and the environment as a whole.18

The EEP sets out nine policy objectives and nineteen guiding principles, which principles are intended
to shape all subsequent policy, strategy, programme and implementation initiatives and form the
bench-mark against which all sectoral and cross-sectoral policies and environmental elements are to
be cross-checked. 19 The EEP seeks to achieve sustainable, progressive, integrated and
intergenerational benefits from the use of natural resources, while preventing pollution, improving
human settlements, conserving and developing the Ethiopian cultural heritage, empowering people
and their organizations at all levels of environmental management, and ensuring participation, public
awareness and understanding of the linkages between the environment and development.20

Importantly, the EEP includes a section on policy implementation which deals with topics such as
Institutional frameworks, responsibilities and mandates; 21 Legislative framework;23 and Monitoring,
evaluation and policy review.2223 Common themes running through all these implementation topics
are improved multi-level and cross-sectoral co-ordination and management; public participation in,
engagement on, and ownership of environmental concerns; and accessible information encouraging
responsiveness and effectiveness. This policy is generally considered well-written and comprehensive
and is frequently used as the basis for regional policies. 24 This creates important opportunities for
coordinated and cohesive actions and provides an important basis for the development of the current
environmental law development and enforcement programme.

17
The sectoral areas identified in the EEP are: Soil husbandry and sustainable agriculture; Forest, woodland and
tree resources; Genetic, species and ecosystem biodiversity; Water resources; Energy resource; Mineral
resources; Human settlement, urban environment and environmental health; Control of hazardous material
and pollution from industrial waste; Atmospheric pollution and climate change; and Cultural and natural
heritage. 18
Cross-sectoral areas identified in the EEP are: Population and the environment; Community participation and
the environment; Tenure and access rights to land and natural resources; Land use plan; Social and gender issues;
Environmental economics; Environmental information system; Environmental research; Environmental impact
assessment; and Environmental education and awareness.
18
Environmental Policy of Ethiopia, 1997, Section 2.2 “Overall Policy Goal”.
19
Environmental Policy of Ethiopia, 1997, Section 2.3 “The Key Guiding Principles”.
20
Environmental Policy of Ethiopia, 1997, Section 2.2 “Overall Policy Goal”.
21
Environmental Policy of Ethiopia, 1997, Section 5.1 “Institutional Framework, Responsibilities and
Mandates”.
22
Environmental Policy of Ethiopia, 1997, Section 5.2 “Legislative Framework”.
23
Environmental Policy of Ethiopia, 1997, Section 5.3 “Monitoring, Evaluation and Policy Review”.
24
Colby Environmental Policy Group. 2011. Environmental Policy Review 2011:Key Issues in Ethiopia. Waterville,
Maine: Colby College Environmental Studies Program, at p.13

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2.3 GROWTH AND TRANSFORMATION PLANS AND THE CLIMATE RESILIENT GREEN ECONOMY
STRATEGY

The Ethiopian Growth and Transformation Plans (GTPs) are a series of three five-year development
cycles (2010-2015; 2015 -2020; 2021-2025) aimed at achieving broad-based economic development in
a sustainable manner.25 The stated goals of reaching middle income status by 2025, increasing income
and meeting the social indicators of the Sustainable Development Goals will require carefully managed
rapid sustainable economic development. According to the already implemented GTPs, the basis for
this development will be increased agricultural investments and productivity, strengthening of the
industrial base, and the fostering of export growth. Given the heavy reliance on natural resources in
the plans and the vulnerability of Ethiopia to climate variations, environmental conservation is
intended to play a key role in ensuring the planned development goals are achieved. The building of a
green economy and the ongoing implementation of environmental laws are among the key strategic
directions to be pursued through the GTPs.26

The Ethiopian Climate Resilient Green Economy (CRGE) Strategy builds on those climate change
priorities identified in Ethiopia’s Programme of Adaptation to Climate Change and is designed to
protect both Ethiopia’s environment and citizens, while realising the ambitions set out in the GTPs by
building a climate-resilient, carbon-neutral green economy. The 2011 CRGE envisions the creation of
sectoral and regional programmes that would build on existing environmental laws and frameworks,
improve collaboration and coordination between stakeholders and sectoral government ministries and
maximise the opportunities presented by climate adaptation strategies and carbon financing.27 The
CRGE Strategy also provides the basis and strategic plan for Ethiopia’s 2015 Nationally Determined
Commitments.

The development of a green economy through the CRGE Strategy has three complementary objectives
of fostering economic development and growth, ensuring abatement and reduced future emissions,
and improving resilience to climate change. The Strategy interventions are to be based on the four
pillars of Agriculture and improving crop and livestock production; Forestry by protecting and re-
establishing forests; Power through the expansion of the renewable electricity generation; and
Transport, industrial sectors and buildings by employing modern and energy efficient technologies.
Four initiatives were selected for initial implementation under the Strategy, namely, Reducing
Emissions from Deforestation and Forest Degradation (REDD+); Reduced Emissions from Livestock
(RELS); Rural Energy and Efficient Stoves; and Electric Power Financing. Provisions for ensuring
transparency, access to updated information, and open participation are also envisaged, as well as,
sectoral climate change strategies focusing on climate change resilience and green growth.

25
The GTPs succeeded the Plan for Accelerated and Sustainable Development to End Poverty (PASDEP), which
was criticized for its failure to integrate agricultural growth and environmental issues; prioritization of
economic growth over environmental and sustainability issues; failure to address long-term environmental
management beyond the Authority’s mandate and involve other sectors; the absence of sustainable land
management strategies; and its urban bias.
26
Growth and Transformation Plan II at p.91.
27
Ethiopian Climate Resilient Green Economy Vision, p.7.

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2.4 INSTITUTIONAL FRAMEWORK

Under the Constitution, it is the duty of all citizens, organs of State, political organisations, other
associations and their officials to obey and ensure the constitutional provisions related to the
environment are upheld.28 All three branches of government, at both the regional and federal levels,
are further required to respect and enforce the constitutional right to a clean and healthy
environment.29 As such the duty to ensure a clean and healthy environment rests on all institutions
and individuals within Ethiopia.

To oversee this duty of environmental protection and to ensure the sustainable use, monitoring, and
management of environmental resources, Environmental Protection Organs were established in
2002. 30 These Environmental Protection Organs operated within the constitutional institutional
structure, which disperses responsibility between the Federal and State levels, with both levels
enjoying legislative, executive and judicial powers over broad environmental issues. 31

While, the nature of the Federal Environment Protection Authority has varied over the past decade,
changing from an Authority, 32 to the Ministry of Environment and Forest, 33 the Ministry for
Environment, Forest and Climate Change34 and currently the Environment, Forest, and Climate Change
Commission,35 the powers and duties of the federal level environmental authority has remained largely
unchanged since 2013.36

Of particular relevance to this programme is the duty to coordinate activities to ensure the
environmental objectives of international agreements, the Constitution and EEP of Ethiopia are
realized; establishing a system for the implementation of Environmental Impact Assessments (EIAs)
and Strategic Environmental Assessments (SEAs); the promotion of environmental justice and benefit
sharing; the initiation and formulation of laws, policies, strategies, programmes and projects;
establishing an environmental information system; the implementation of international agreements;
the evaluation of investment programmes and policies prior to approvals; and propose incentives or
disincentives to discourage environmentally damaging practices. 37 In addition, the EFCCC is
empowered to enter any land, premises or any other place under Federal jurisdiction to inspect and

28
Article 9(2) of the Constitution of the Federal Democratic Republic of Ethiopia, Proclamation 1 of 1995.
29
Article 13(1) & 44 of the Constitution of the Federal Democratic Republic of Ethiopia, Proclamation 1 of 1995.
30
Environmental Protection Organs Establishment Proclamation 295 of 2002.
31
Article 50 of the Constitution of the Federal Democratic Republic of Ethiopia, Proclamation 1 of 1995.
32
Article 3 of the Environmental Protection Organs Establishment, Proclamation 295 of 2002.
33
Definition of Powers and Duties of the Executive Organs of the Federal Democratic Republic of Ethiopia,
Proclamation 691 of 2010.
34
Article 9(18) of the Definition of Powers and Duties of the Executive Organs of the Federal Republic of
Ethiopia, Proclamation 916 of 2015.
35
Article 32(3)Powers and Duties of the Executive Organs of the Federal Republic of Ethiopia, Proclamation
1097 of 2018.
36
Proclamation 916 of 2015 incorporated the powers and duties established in Proclamation 803 of 2013, with
the addition of three additional responsibilities concerning forestry. Proclamation 1097 of 2018 made no
changes to the powers and duties established by Proclamation 916 of 2015.
37
Article 32(3) of the Proclamation to Provide for the Definition of Powers and Duties of the Executive Organs
of the Federal Democratic Republic of Ethiopia 1097 of 2018.

14
take samples deemed necessary for ensuring compliance with the requirements of environmental
protection and forest conservation.38

To ensure horizontal and vertical coordination, avoid duplications of effort, improve the dissemination
of environmental information, and ensure all activities are in harmony with environmental protection
requirements, the Environmental Protection Organs Establishment Proclamation of 2002 established
sectoral environmental units responsible for co-ordination and follow-up within all competent sectoral
bodies.39 Further, the Proclamation required each national regional State to establish or designate
independent regional environmental agencies. Such Regional Environmental Authorities (REAs) are
responsible for the coordination, implementation, and review of conservation strategies;
environmental monitoring, protection and regulation; ensuring the implementation of federal
environmental standards or their own no less stringent standards; and the preparation of the
respective state of the environment and sustainable development and submit them to the authority.40

38
Article 32(3)(n) of the Proclamation to Provide for the Definition of Powers and Duties of the Executive
Organs of the Federal Democratic Republic of Ethiopia 1097/ 2018.
39
Article 14 of the Environmental Protection Organs Establishment, Proclamation 295 of 2002. Despite the
repeal of the bulk of this proclamation Article 14 and 15 remain in force.
40
Article 15(1), (2) & (3) of the Environmental Protection Organs Establishment, Proclamation 295 of 2002.

15
3 CURRENT NATIONAL ENVIRONMENTAL LEGISLATIVE FRAMEWORK

3.1 DOMESTIC FEDERAL ENVIRONMENTAL LEGISLATION

In addition to the overarching framework documents described above, a substantial number of federal-
level, primary and secondary, environmental legislative documents have been developed over the past
few years. This legislation has often been produced in rapid response to emerging environmental
issues or development interests and as such has been undertaken in a piecemeal fashion, according to
pressing national interests and resource capacities. Because of this the body of specialised federal-
level environmental laws has grown rapidly but there remain significant legislative gaps and shortfalls,
overlaps and ambiguities that create difficulties for the operationalisation and enforcement of the
federal-level environmental laws. A table of the current Ethiopian federal-level environmental laws
and policies, arranged according to environmental impacts of significant concern and most threatened
by the sectoral development and growth envisaged by the country’s economic development plans, is
attached as Annex 1.

As the table highlights, there are numerous specific environmental laws, policies and strategies in place
and most economic and sector specific policies contain environmental provisions and regulations. The
situation in practice, however, is that few of these environmental considerations and safeguards are
fully implemented or applied. Contrary to existing legislative provisions, 41 development plans and
investment projects often fail to take environmental impacts into consideration both during the
planning and project implementation phases and even when environmental impacts are taken into
consideration, there is often a failure to fully consider the comparative advantages of specific areas or
the local cultural, ecological and geographical contexts. Blanket programmes and sectoral
interventions that are designed as ‘standalone’ activities are the current norm and environmental
legislation and considerations are seldom given the necessary consideration.

These difficulties hint at practical implementation difficulties beyond the existence of comprehensive
legislative frameworks. Some of the identified causes for this include a lack of awareness and
understanding concerning the reason and existence of relevant national environmental laws, as well
as, a misunderstanding of environmental impacts and their consequences for overall national
development. This lack of awareness and appreciation concerning the importance of environmental
protection and natural resource management is prevalent within government, industry and amongst
the general public. Weak institutional coordination and cooperation, mandate overlap and the absence
of independent regional environmental institutions and laws also act as significant barriers to the
effective implementation and enforcement of environmental legislation and long-term environmental
protection. In many situations the systems and processes necessary to translate policy and law into
practice have not been established.

In addition, rigid legal procedures unsuited to the effective resolution of environmental matters, a lack
of consistency in enforcement activities, limited community engagement and access to information

41
Article 32(3)(b),(e),(j) of the Proclamation to Provide for the Definition of Powers and Duties of the Executive
Organs of the Federal Democratic Republic of Ethiopia 1097/ 2018 & Environmental Impact Assessment
Proclamation 299 of 2002.

16
and failures to engage regulated communities are all factors identified as contributing towards the
current difficulty of establishing environmental rule of law and thus improved environmental
protection and truly sustainable development.

In the light of this, one of the first activities of the Programme will be to conduct a comprehensive
review of the current environmental frameworks and develop the legislation and regulations necessary
to fully implement and enforce environmental law objectives. Without a solid legislative foundation
meaningful environmental protection and responsible natural resource utilisation will be difficult to
achieve. In addition to this comprehensive legislative review and strategic environmental legislation
development plan, operationalisation plans for both existing and future environmental legislation will
be developed. These plans will ensure the integration of environmental law considerations into
responsible sectoral institutional processes, the development of necessary institutional capacities,
establishment of coordination and cooperation linkages, and creation of necessary awareness.
Practical steps to translate high-level legal provisions into practice will be put in place.

Lastly, immediate measures to fully operationalise and implement the Ethiopian Environmental Impact
Assessment Proclamation (EIA) will be taken.42 The EIA Proclamation is the domestic legislation with
the greatest potential to begin address the structural implementation difficulties identified above and
ensure environmental considerations are fully integrated into the various programmes and projects
being designed and implemented within Ethiopia. The successful application of this Proclamation will
establish processes and coordination methods that can be replicated across sectoral projects.

3.2 INTERNATIONAL LEGAL FRAMEWORK

Many aspects of environmental protection, pollution and climate change require international
cooperation for effective management and safeguarding. Further, the environmental well-being of
Ethiopia is of regional importance and has the potential to affect the environmental well-being of
several neighbouring countries. Over the past few decades the international community has taken
significant steps towards reaching consensus on a number of important environmental issues. Through
several multilateral environmental agreements, significant progress on establishing applicable
standards and addressing shared environmental concerns have been made.

Ethiopia is a party to a number of these international agreements, which deal with various aspects of
environmental protection, pollution and safeguarding. A table of the multilateral environmental
agreements Ethiopia is a party to, as well as the ratification proclamations is attached as Annex 2. In
terms of the Ethiopian Constitution international agreements ratified by Ethiopia become an integral
part of Ethiopian law.43 A monist approach to international law is thus envisaged by the Ethiopian
Constitution and following ratification no further legislative enactments are required.

42
Environmental Impact Assessment Proclamation 299 of 2002.
43
Article 9(4) of the Constitution of the Federal Democratic Republic of Ethiopia, Proclamation 1 of 1995.

17
The Federal Negarit Gazette Establishment Proclamation, 44 however, provides that all laws of the
Federal Government shall be published in the Federal Negarit Gazette,46 and that all federal and
regional legislative, executive and judiciary organs, as well as natural and juristic persons, shall take
judicial note of the laws published in the gazette.47 While the ratification proclamations for
international agreements are indeed published in the Federal Negarit, which proclamations designate
the responsible government authority, the failure to publish translated versions of the ratified
international agreements has created confusion and practical barriers for the application of
international environmental agreements and the valuable principles and standards they establish.

In the light of this the Programme will aim to ensure all international environmental conventions to
which Ethiopia is a party will be translated and the necessary institutional coordination and
cooperation frameworks are developed.

44
Federal Negarit Gazette Establishment Proclamation 3 of 1995.

18
46
Article 2(2) of the Federal Negarit Gazette Establishment Proclamation 3 of 1995.
47
Article 2(3) of the Federal Negarit Gazette Establishment Proclamation 3 of 1995.
4 SECTORAL DRIVERS OF ENVIRONMENTAL DEGRADATION

As identified above, despite the existing policy and legislative frameworks, implementation and
enforcement of environmental laws remains problematic. The state of Ethiopia’s environment ranges
from very severely degraded in the rural areas to severely degraded in urban areas,45 with multiple and

45
McKee J. Ethiopia Country Environmental Profile (2007) at p5.

19
overlapping identified causes for the current state of environmental degradation. The previously
limited scope and number of environmental laws and enforcement actions can therefore not account
for this situation alone. A historic lack of awareness and disregard for environmental issues, as well as,
the unsustainable use of natural resources by a growing population and economy have all contributed
towards the environmental conditions we see today.

The continued expansion of the Ethiopian economy and increased pressure on the environment and
natural resource base is set to continue as the country undergoes rapid and necessary economic
transformation. To ensure this progress continues to be sustainable and the resource foundation for
this growth is not undermined, it is essential that the protection of the Ethiopian environment and
natural resources is given priority. While comprehensive, robust and decisive action is urgently needed
to halt ongoing degradation and rehabilitate already damaged areas, efforts to mitigate and respond
to environmental degradation caused by future sectoral priorities is also needed.

Legal frameworks, institutional coordination and collaboration, and strategic integration of

environmental issues into areas of sectoral economic focus are therefore vital to ensure the sectoral
drivers for environmental degradation are addressed and resource erosion does not continue at the
current pace. There is a persistent tendency, despite its mention, for many sectoral development plans
and activities to ignore the numerous interdependencies of environmental protection that exist
between different activity areas, ecosystems, and population livelihoods.46 It is the duty of the EFCCC
to ensure that this no longer continues to be the case and that the Constitutional and EEP
environmental objectives are fully realised. 47

To do this the environmental risks and driving forces of environmental degradation associated with
priority sectors of the current economic growth plans and strategies must be clearly identified and
understood. As such, these sectors are critical lenses for the implementation of the National
Environmental Law Development and Enforcement Programme. By identifying the priority sectors for
national growth, the environmental areas most at risk within the context of these sectors, and the
primary driving forces for potential environmental degradation, the EFCCC can ensure the relevant
legislative frameworks, coordination activities and engagement measures are put in place to mitigate
possible environmental harms.

4.1 AGRICULTURE

Under the most recent Growth and Transformation Plan II (GTPII) the agricultural sector will remain
the main engine for Ethiopian economic growth.48 The strategic direction for the agricultural sector is
the continued sustainable utilization of natural resources and the alignment of the agricultural
development plan with the CRGE. While it is envisaged that the share of employment in the agriculture
sector will drop from the current estimate of 75% of the population to 67.5% by 2020, accelerated

46
McKee J. Ethiopia Country Environmental Profile (2007) at p81.
47
Article 32(3) of the Definition of Powers and Duties of the Executive Organs of the Federal Democratic
Republic of Ethiopia, Proclamation 1097 of 2018.
48
Growth and Transformation Plan II at p120.

20
growth, through enhanced productivity and productive capacity in both livestock and crop cultivation,
is envisaged and actively encouraged.49

This enhanced productivity and productive capacity is intended to take place through the promotion
of large scale farming and private sector investment – 3.1 million hectares of land is to be transferred
to domestic and foreign private agricultural investors. 50 Focus will also be placed on developing
smallholder crop and pastoral agriculture.51 Additional planned measures to improve productivity and
productive capacity within the agricultural sector are livestock genetic improvement; Increased pest
free areas; Increased communal grazing land and rangelands; Increased animal feed production; 52
Provision of agricultural inputs such as fertilizer, genetically improved seed supply and agro-
mechanization; Boosting sustainable national biodiversity conservation and equitable benefit sharing;
Ensuring the country’s access to and benefits from genetic resources; 53 Control of invasive exotic
species; Expanded irrigation and potable water supply; and the development of small farmer capacity
through the provision of training and advice.

As a result of these activities increased agricultural outputs in the areas of horticulture, floriculture,
livestock, coffee, honey, fish, silk cocoons, animal hides, agro-fuels and wax are expected. All these
outputs and activities are intended to increase agricultural productivity and productive capacity, which
have the potential to significantly impact the Ethiopian environment, particularly in relation to soil
erosion, chemical pollution, biosafety and carbon emissions. In the light of the importance of the
agricultural sector to Ethiopia’s economic development, as well as, the sectors vulnerability to climate
change, the importance of ensuring that the GTPII interventions and activities take place in a
sustainable and environmentally responsible manner cannot be understated.

While the GTPII places an emphasis on ensuring that the strategy to build a climate resilient green
economy is reflected as a key agenda point across all sectors and outlines specific greenhouse gases
reduction targets for the agricultural sector,54 the potential adverse effects of intensified agricultural
productivity, beyond the scope of emissions reductions, is not fully addressed. Climate linked
environmental impacts such as droughts, floods and soil erosion all pose significant risk to the
projected agricultural growth targets, however, more specific environmental impacts linked to
agricultural activities, such as improper land use management (draining of wetlands or clearing of
forests for agricultural land), irresponsible use of water resources, unsafe pesticides and fertilizer use
all aggravate these impacts and reduce broader eco-system resilience.

49
Growth and Transformation Plan II at p120.
50
All large scale agricultural investments of more than 5000 hectares will fall within the jurisdiction of the
Federal government, while small and medium agricultural investors, with land holdings of between 100 and
5000 hectares, will fall within the jurisdiction of Regional State governments.
51
Growth and Transformation Plan II at p120.
52
Growth and Transformation Plan II at p133
53
Growth and Transformation Plan II at p134.
54
Reductions of 77.9 million metric tons of greenhouse gases in crop production; 48 million metric tons of
greenhouse gases through improved livestock production; 31.58 million metric tons of greenhouse gases
through integrated watershed management and sustainable agriculture.

21
Table 1 is a summary of some of the expected negative environmental impacts associated with
intensified agricultural activities, the contributing causes of such impacts and some of the mitigation
measures that have been planned.

22
Table 1: Potential Impacts of Planned Agricultural Developments
Potential Negative Contributing Factors Mitigation Measures
Impacts
Soil degradation and - Cultivation on marginal areas - Model farm and enhanced capacity of research facilities
erosion - Population increases and land pressures - Fertilizer supply based on soil compatibility
- Increased livestock populations - New agricultural technologies
- Overgrazing - Requirement for investors to prepare climate adaptation
- Inappropriate use of chemical fertilizers and pesticides programmes and contribution plans for the CRGE
- Deforestation of river and watershed vegetation - Provision of appropriate infrastructure services & support
- Tenure insecurity and a lack of a sense of ownership - Improve rural land administration (land use certificates,
- Inappropriate land use, land management and land identification land use plan, land administration plan for each region)
- Resettlement projects - Land rehabilitation through area closures and ground
- Increased urbanisation and industrialisation cover
- Inappropriate water usage and insufficient knowledge of hydrology - Construction of physical soil conservation structures
- Implementation of blanket policies and programmes - Expansion of small-scale irrigation
- Failure to consider context, traditional knowledge and existing practices - Support to resettled families and on-going resettlement
- Identification of agricultural zones and development of
specific area plans
- Public and Community participation

Fertilizer and - Inappropriate use of chemical fertilizers and pesticides - Fertilizer supply based on soil compatibility
Pesticide pollution - Ineffective control and disposal facilities - New agricultural technologies
- Failure to register and cross-check allowed imported pesticides - Provision of appropriate infrastructure services & support
- Inappropriate land use, land management and land identification - - Improved species and technology
Population increases

23
Water pollution and - Population increases - Provision of appropriate infrastructure services & support
shortages - Increased livestock populations - Improve rural land administration (land use certificates,
- Inappropriate use of chemical fertilizers and pesticides land use plan, land administration plan for each region)
- Deforestation of river and watershed vegetation - Improve watershed management through community
- Use of invasive species for agricultural projects watershed plans
- Ineffective control and disposal facilities
- Tenure insecurity and a lack of a sense of ownership - Develop small, medium and large--scale irrigation
- Inappropriate land use, land management and land identification - - Provide alternative water points
Resettlement projects - Increase areas covered by irrigation
- Inappropriate water usage and insufficient knowledge of hydrology - Construction of physical water conservation structures
- Identification of agricultural zones and development of
specific area plans

Spread of invasive - Overgrazing - Activities to control movement and expansion

alien species - Increased livestock populations of invasive species
- Use of invasive species for agricultural projects - Activities to reduce impact of invasive species -
- Insufficient biosafety measures Public awareness

Loss of biodiversity - Population increases and land pressures - Protection of Ethiopian genetic resources
- Resettlement schemes - Improved access to and utilisation of genetic resources
- Use of invasive species for agricultural projects - Implement legal licencing system for biodiversity
- Tenure insecurity and a lack of a sense of ownership - Increase number of access and benefit sharing licences
- Inappropriate land use, land management and land identification - - Improve rural land administration (land use certificates,
Resettlement projects land use plan, land administration plan for each region)
- Inappropriate water usage and insufficient knowledge of hydrology - Increased equitable community benefit sharing
- Public and Community participation
- Public awareness

24
Increased greenhouse - Increased livestock populations - Provision of appropriate infrastructure services & support
gas emissions - Inappropriate land use, land management and land identification - Genetic improvement through cross-breeding
- Inappropriate water usage and insufficient knowledge of hydrology
Destruction of - Cultivation on marginal areas - Improve rural land administration (land use certificates,
wetlands - Overgrazing land use plan, land administration plan for each region)
- Increased livestock populations - Develop small, medium and large--scale irrigation
- Deforestation of river and watershed vegetation - Increase areas covered by irrigation
- Tenure insecurity and a lack of a sense of ownership - Provide alternative water points
- Inappropriate land use, land management and land identification - - Public and Community participation
Resettlement projects - Public awareness
- Inappropriate water usage and insufficient knowledge of hydrology

25
4.2 MANUFACTURING AND INDUSTRIALISATION

In terms of the GTPII the expansion of the Ethiopian manufacturing industry will form a crucial
component of the vision to become a lower middle income country by 2025. The growth needed to
achieve this vision will be achieved largely through integrated and organized activities undertaken in
the light manufacturing and agro-processing industries,55 and selected heavy industries. The GTP II
places an emphasis on enhancing production capacity and competitiveness and encouraging foreign
direct investment through public – private or joint venture arrangements.

Further, under the GTPII investments in labour intensive, export-oriented manufacturing, particularly
in the areas of textile and garment industries; Leather, shoes and leather product industries; Agro-
processing such as food, beverage, meat, dairy, sugar and honey are encouraged in order to leverage
Ethiopia into a leading manufacturing hub in Africa.56 The agricultural sector will form the foundation
for the planned growth of the Ethiopian manufacturing industries. As such, enhanced linkages with
the agricultural sector, and thus urban rural links will be established and the use of agricultural inputs
will be given priority.

In addition to these industries the GTPII anticipates accelerated growth in the areas of chemical and
pharmaceutical industry, ICT and electronics; Petro-chemical industries; Metal and engineering
industries; Pulp and paper; Construction inputs; and the biotechnology industry.57 Medium to large
manufacturing industries will be expanded and their production capacities improved. The GTPII target
is to increase the manufacturing and industrial sector by 21.9% per annum and account for a total of
8% of the Ethiopian GDP by the end of the second plan period. This rapid growth within the
manufacturing sector will have significant environmental consequences. While the GTPII establishes
clear emissions targets,58 area specific proclamations, regulations and policies to deal with issues such
as industrial and manufacturing wastes, water allocations and management, and chemical use will be
necessary to ensure the envisaged manufacturing growth occurs sustainably. In order to ensure rapid,
sustainable and reliable industrial growth and achieve the targets for each sector, it is essential to
ensure growth is based on green and environmentally friendly industries.59

Table 2 is a summary of some of the negative environmental impacts associated with intensified
manufacturing and industrialisation activities, the contributing causes of such impacts and some of
the mitigation measures that have been planned.

55
Growth and Transformation Plan II at p137.
56
Growth and Transformation Plan II at p138.
57
Growth and Transformation Plan II at p147.
58
Textile and Garment Industry to reduce greenhouse gas emissions by 25% by the end of the plan period;
Leather and leather products industry to reduce greenhouse gas emissions by 0.154 million metric tons; Metal
and engineering Industry to reduce greenhouse gas emission by 80 000 tons; Meat, milk and honey industry to
reduce greenhouse gas emissions by 27 265 tons; Chemical and construction inputs industry to reduce
greenhouse gas emissions by 0.94 million tons;
59
Growth and Transformation Plan II at p150.
25
Table 2: Potential Impacts of Planned Manufacturing and Industrialisation Developments
Potential Negative Contributing Factors Planned Mitigation Measures
Impacts
Air Pollution - Lack of accurate monitoring and pollution measuring - Development of baseline data
- Lack of effective enforcement - Provision of necessary monitoring equipment
- Lack of waste management facilities - Fitting of pollution reducing technology
- Use of renewable energy sources
- Provision of technical support
- Legal training and awareness raising
- Inspections and enforcement

Water Pollution - Lack of accurate monitoring and pollution measuring - Development of baseline data
- Lack of effective enforcement - Provision of necessary monitoring equipment
- Lack of waste management facilities - Fitting of pollution reducing equipment
- Insufficient infrastructure and planning - Provision of technical support for management of solid
and liquid waste
- Development of common waste disposal systems
- Legal training and awareness raising
- Inspections and enforcement

Solid Waste - Lack of accurate monitoring and pollution measuring - Development of baseline data
- Lack of effective enforcement - Provision of necessary monitoring equipment
- Lack of waste management facilities - Fitting of pollution reducing equipment
- Lack of waste storage facilities - Provision of technical support for management of solid
- Lack of recycling facilities and liquid waste
- Development of common waste disposal systems
- Legal training and awareness raising
- Inspections and enforcement
Hazardous Waste - Lack of waste management facilities - Development of baseline data
- Lack of infrastructure - Accelerated infrastructure support
- Lack of waste storage facilities - Provision of technical support for management of solid
and liquid waste
26
- Development of common waste disposal systems
- Legal training and awareness raising
- Inspections and enforcement

Increased Greenhouse - Inefficient technologies - Provision of necessary monitoring equipment

Gas Emissions - Unregulated industries - Fitting of pollution reducing equipment
- Ineffective enforcement - Use of renewable energy sources
- Lack of capacity

Adverse impacts on - Failure to ensure responsible land use planning - Development of industrial parks and clusters
human health - Inadequate infrastructure - Accelerated infrastructure support
- Failure to register and cross-check allowed imported chemical products - Determination of area comparative advantages
- Land use management
- Legal training and awareness raising
27
4.3 FOREST, WOODLAND AND TREE RESOURCES

Deforestation and the resulting environmental degradation it causes has remained a key challenge for
food security, community livelihoods and sustainable development within Ethiopia. The removal of
trees and other vegetation cover exposes soil to wind and water erosion, which in turn results in the
further loss of vegetation, biodiversity and ecosystem services. In 1990 it was estimated that as much
as 17% of Ethiopia’s potential GDP was lost because of physical and biological soil degradation. 60
Beyond the valuable ecosystem services forests provide, they also play a vital part in carbon
sequestration and rural livelihoods. Despite these valuable contributions, natural indigenous
vegetation is now almost entirely limited to church compounds, very steep and inaccessible areas, the
very highlands, lowland savannah, the woodlands of major watersheds, and riverine vegetation of
streams and small rivers. 61 The main risks for forest resources are human activities such as
deforestation for agricultural land, fuel wood consumption, and logging.

It is estimated that 1.24 million hectare of natural high forest was cleared for agricultural expansion
between 1990 and 201462 and in 2012 it was estimated that without significant interventions, fuel
wood consumption would rise by 65% between 2010 and 2030. Without significant intervention, these
projections would have serious consequences for Ethiopia’s emissions targets and the intention to
increase sequestration through forestry. To respond to these concerns the GTP II66 and the Climate
Resilient Green Economy Strategy 63 have set out to protect existing forests, promote numerous
afforestation and reforestation initiatives, 64 65 and implement Participatory Forest Management
approaches, which aim to increase the role and responsibilities of local communities in managing and
conserving forests.

To achieve this the GTPII requires that various systems and measures be put in place to enhance
environmental rights, forestry development and conservation, and monitoring and enforcement
actions. The CRGE calls for nationally appropriate mitigation actions focused on enhancing district
level forestry interventions and has introduced initiatives to reduce demand for fuel wood, increase
afforestation , reforestation and forest management, and promote area closure.

Table 3 is a summary of some of the negative environmental impacts associated with continued
deforestation and unmanaged forestry activities, the contributing causes of such impacts and some of
the mitigation measures that have been planned

60
Winberg E. Participatory Forest Management in Ethiopia: Practices and Experiences (2010) FOA Rome
61
McKee J. Ethiopia Country Environmental Profile (2007) at p26.
62
Woody Biomass Inventory and Strategic Planning Project (2004) Forest Resources Ethiopia, Addis Ababa,
Ethiopia, Ministry of Agriculture. 66
Under GTPII national forest coverage is to increase from 15.5% in 2015 to 20% in 2020 and forest management
plans are to be prepared on 3.4 million hectares of productive forest (GTPII at p214)
63
CRGE targets include the afforestation of 2 million hectares, reforestation of 1 million hectares, and
improved management of natural forests and woodland on 3 million hectares.
64
A review of the GTPI in GTPII (at p.62) reveals that forest management plans and maps were prepared for
65
.1 million hectares; Forest coverage was increased from 13 million hectares to 15.93 million hectares; and 13.4
million hectares of degraded areas were demarcated and rehabilitated. The target for multi-purpose tree
planting was 16.2 million hectares and performance stood at 15.5 million hectares.
28
Table 3: Potential Impacts of Planned Forest, Woodland and Tree Resource Development
Potential Negative Contributing Factors Planned Mitigation Measures
Impacts
Soil erosion - Deforestation - Forest protection and reforestation programmes that
- Population increases enhance ecological and economic benefits and protect
- Poor land use identification and management against desertification
- Poor choice of reforestation species - Area closures and restricted grazing
- Lack of sense of ownership and community engagement
- Lack of awareness

Loss of biodiversity - Deforestation - Forest protection and reforestation programmes that

- Agricultural activities enhance ecological and economic benefits
- Poor land use identification and management - Establishment of a national/ central tree seed supply
- Poor choice of reforestation species and distribution system
- Invasive alien species - Development of a tree seed selection, collection and
- Lack of sense of ownership handling protocol
- Blanket policy recommendations & failure to consider local knowledge
and contexts
- Lack of awareness

Increased Greenhouse - Loss of Carbon absorption capacity - Fuel efficient cook stoves
gas emissions - Charcoal production and burning - Forest protection and reforestation programmes that
enhance ecological and economic benefits
- Initiate identification, demarcation, registration and
protection of forest resources
- Sustainable management of natural forests, deciduous
forest, and national parks
- Enhanced use of non-timber forest products
Deforestation - Charcoal Production and growing energy demands - Participatory Forest Management
- Increased population - Forest protection and reforestation programmes that
- Increased agriculture and livestock production enhance ecological and economic benefits
29
- Tenure insecurity - Enhanced use of non-timber forest products
- Lack of sense of ownership and community engagement - Expand biomass energy
- Poor land use identification and management - Initiate identification, demarcation, registration and
- Urbanisation protection of forest resources
- Resettlement schemes - Improved research
- Blanket policy recommendations & failure to consider local knowledge - Awareness raising activities on policy, laws & strategy
and contexts - Monitoring to ensure activity compliance with
- Forest fires environmental laws
- Forestry development packages, manuals and trainings
- Land identification maps and manuals
- Support to private investors and co-operatives
- Improved urban forestry in 11 regional towns - Conduct
EIAs on new and on-going projects
30
4.4 ENERGY, TRANSPORT AND URBAN DEVELOPMENT

4.4.1 Urban Development and Construction

Ethiopia is one of the least urbanised countries in the world, with only about 19% of the population
residing in urban centres. This, however, is expected to increase to 30% by 3030.66 While existing
Ethiopian urban centres have developed in-line with climate, environmental and physical constrains,
the sustainable development of Ethiopian urban centres is now closely connected to the expansion of
manufacturing and industrial developments as envisaged in the GTPII. 67 As a result, significant
emphasis is given in the GTP and CRGE Strategy to the urban development process and ensuring
Ethiopia’s growing cities do not become locked into carbon intensive development pathways.68

The planned economic developments and focus on urban centres as job creation hubs has accelerated
urbanization and urban expansion and has already created increased pressure on urban infrastructure
and energy supply and produced numerous environmental impacts. Increased air pollution from traffic
congestion, construction and fuel demands; point source soil and water contamination from landfills,
abattoirs, and solid and liquid waste; housing shortages; increased water and power demands;
unplanned resource utilisation and inefficient land use management are some of the impacts rapid
urbanisation can create.

To address these concerns an increase in urban green areas, improvement in waste collection and
disposal systems, increased supply of water and sanitation services, improved transportation
networks and services, and development of integrated housing are all envisaged by the GTPII.69 In
addition, the CRGE recognises urban development and housing as one of the pivotal sectors for the
achievement of the Ethiopian goals for economic growth and poverty reduction, with a combination
of compact and sustainable urban development and economic growth serving as a platform for
balanced regional development and the mitigation of rural and urban disparities. 70 Through urban
planning and risk management, local (community) economic development, urban infrastructure
improvement interventions, and strict enforcement of emission targets, the adverse environmental
and climatic effects of rapid urban developments are intended to be mitigated. If efficiency and
resilience is not built into urban expansion, it will expose itself to greater threats from natural resource
depletion and climate disaster risks.

Linked to Urban development and housing is the construction sector where it is envisaged that 80%
of inputs will be provided by local suppliers by the end of the GTPII period. The GTPII plans to enhance
the capacity of fifty construction material producing companies through significant financial

66
Schmidt E. & Kedir M. Urban and Spatial Connectivity in Ethiopia: Urban Growth Analysis Using GIS,
Development Strategy and Governance Division, International Food Policy Research Institute (2009) Ethiopia
Strategy Support Program 2 International Food Policy Research Institute & Ethiopian Development Research
Institute.
67
Growth and Transformation Plan II at p157.
68
Promoting Green Urban Industrialisation in Ethiopia, January 2018, Climate and Development Knowledge
Network
69
Growth and Transformation Plan II at p157-161.
70
Climate Resilient Strategy for Urban Ethiopia, 2017

36
investments, while also reducing and protecting from the hazards the sector may pose to the natural
environment. 71 Strategically significant and competitive companies involved in the cement, metallic
and related factories, plastic and construction related chemical manufacturing companies will be
expanded. By focusing on research and development initiatives at tertiary-level institutions it is
envisaged that improved and cost effective construction materials will be made available to the
industry.72

4.4.2 Transport
Linked to the issue of urban development are the CRGE strategic pillars of expanding power generation
from renewable sources and an acceleration to modern and energy-efficient technologies in the
transport sector. To ensure the urban-rural linkages necessary for both short and long term
development and the easy movement of people and goods to and within urban centres, as well as,
minimise regional income and resource disparities, a strong well-integrated transportation network is
envisaged.

The GTPII anticipates the expansion of road, rail, and air transport, amongst others, with the aim of
attracting investments, speeding up regional economic integration and opening new market
opportunities.73 Roads are seen as the backbone of country’s economic growth and the development
of standardized urban road infrastructure, construction of express roads that link to main economic
corridors and all-weather roads, reduction of transportation costs and creation of an integrated
transport system are planned. Road length is planned to increase from 110 414 km to 220 000 km by
2020 and the opening up of the Ethiopian low land areas for development will be facilitated by these
expansions. 74 In addition, 2741 km of railway network is to be constructed to further the goal of
reducing the costs and timeframes for bulk transportation75 and air transportation infrastructure is to
be expanded will the intention of making Addis Ababa the air transportation hub of Africa.76

All these developments of transport infrastructure, while essential for economic growth, are likely to
increase the rate of urban growth in agricultural regions and open previously undamaged land and
natural resources to increased environmental and resource pressures. Increased soil works and thus
erosion potential, rising green-house gas emissions and ecosystem disruptions are all expected.77 The
Ethiopian transport system itself faces serious risk from climate change impacts. The GTPII plans to
address these risks through detailed environmental impact assessments and feasibility studies prior
to construction project implementation, public consultation, strict monitoring and evaluation
activities to ensure environmental law compliance, and support for CRGE integration down to
grassroots’ level.78 Further, the national Climate Resilient Transport Sector Strategy aims to address

71
Growth and Transformation Plan II at p154 – 155.
72
Growth and Transformation Plan II at p156.
73
Growth and Transformation Plan II at p169.
74
Growth and Transformation Plan II at p171 & 173.
75
Growth and Transformation Plan II at p174.
76
Growth and Transformation Plan II at p175.
77
Green-house gas emissions from the transport sector are some of the fastest growing due to increasing
vehicle numbers and number and length of trips. Ethiopia’s Climate Resilient Transport Sector Strategy, at p25.
78
Growth and Transformation Plan II at p174 & 212.

37
the emissions impacts by improving public transport infrastructure in urban areas, improving vehicle
fuel efficiency, changing fuel mix, and developing the electrical rail network for efficient freight
transport.79

4.4.3 Energy
Ethiopia will need to rapidly increase its existing energy supply to support the planned economic
growth and transformation of the country. Currently, the majority of Ethiopia’s energy needs are met
through fuel wood, crop and animal waste, and human and animal power. Only a small percentage of
the national energy needs are covered through electricity and of this, almost 95% is generated by
hydro-power.80

In terms of GTPII the energy sector is to receive priority focus particularly in regard to the generation
of sufficient power for both domestic consumption and export to neighbouring countries. Levels of
per capita consumption is planned to be increased and the use of decentralized off-grid solar energy
is to be promoted. 81 The country’s power generating capacity is protected to increase from
approximately 4180MW to 17208MW and the number of consumers will increase from 2.31 million
to 6.95 million by 2020. Biogas and bio-fuel stoves, improved biogas technology and various solar
energy technologies is also planned to be widely distributed across the country. 82 Energy source
potentials are to be prioritised in the order of hydroelectricity power generation, geothermal energy,
wind power, and solar energy. Biomass energy and diesel generators are to be used as standby sources
of energy.

The Climate Resilience Strategy: Water and Energy aims to ensure an increase in power generation
through a diverse mix of sustainable energy sources so as to mitigate against potential climate change
impacts, as well as, improved energy and biomass efficiency, access to off-grid energy in rural areas,
and the modernisation of the distribution and supply system to reduce power losses. 83 These
improvements are to be achieved through stakeholder and infrastructure capacity building, technical
support and monitoring, research, data collection, the provision of incentives and accelerated
technology transfer.

While the Ethiopian energy policy is to improve the current energy supply from renewable sources
and improve the efficiency of biomass use and thus reduce the demand for and pressure on forests
resources, air pollution and green-house gas emissions, the various projects do pose potential
environmental harms. Increased hazardous chemical and electronic waste, land use pressures for
biofuel production and thus potential habitat destruction and watershed management and allocation
difficulties must all be carefully considered when pursing the stated national energy objectives.

79
Ethiopia’s Climate Resilient Transport Sector Strategy, at p50.
80
Climate Resilient Green Economy Vision, at p15.
81
Growth and Transformation Plan II at p177.
82
Growth and Transformation Plan II at p179.
83
Climate Resilience Strategy: Water and Energy, at p18.

38
Table 4 is a summary of some of the negative environmental impacts associated with increased urban
development, housing and construction, expanded transport networks and enhanced energy
consumption, the contributing causes of such impacts and some of the mitigation measures that have
been planned.

39
Table 4: Potential Impacts of Planned Energy, Transport and Urban Developments
Potential Negative Contributing Factors Planned Mitigation Measures
Impacts
Solid & Liquid Waste - Increased urbanisation or overcrowding - Scientifically designated landfill sites (appropriate
Pollution - Lack of waste segregation site selection, geomembrane linings, leachate
- Lack of hazardous waste management processes and facilities collection and treatment system)
- Inadequate solid and liquid waste transport, storage and disposal systems - Ground and surface water quality monitoring
and facilities - Improved waste collection
- Inadequate water and sanitation management - Waste water treatment and disposal plants
- Poor urban planning and land use - Land use management
- Poor battery lifecycle management - EIA implementation
- Lack of sense of ownership - Infrastructure development
- Lack of awareness - Monitoring
- Failure of urban planners to keep up with urban growth - Improved technology transfer

Air Pollution and - Inefficient transportation - Low carbon transportation solutions

increased greenhouse - Insufficient renewable power - Green housing solutions
gas emissions - Low construction standards - Renewable power supply
- Low quality fuel - Integrated urban systems
- Increased vehicles - Improved public transport systems
- Improved fuel efficiency and quality requirements
- Vehicle importation restrictions
- Cleaner technology incentives

Water Resource - Increased population and urbanisation - Improved urban forestry and green spaces
overexploitation - Increased agriculture and livestock production in peri-urban areas - Improved sanitation services
- Lack of sense of ownership and community engagement - Conduct EIAs on new and on-going projects
- Poor land use identification and management - Land information systems
- Energy infrastructure developments
Deforestation and - Increased energy demands within certain areas - Integrated holistic urban planning -
habitat degradation - Inadequate energy supply Land use management and planning
34
- Population growth - Public participation and consultation
- Increased access to rural natural habitats - Improved electrical and alternative energy supply
- Infrastructure developments
- Increased biomass production requirements

Soil erosion - Insufficient drainage and urban planning - Land use management and planning
- Inadequate erosion barriers in high-risk areas - Land information systems
- Increased pressure on urban infrastructure - Improved urban planning
- Earth works for infrastructure development
- Increased construction input sourcing

41
4.5 WILDLIFE AND BIODIVERSITY

Ethiopia has a unique and diverse geographical and biological diversity. It is one of the world’s
biological hotspots and is one of eight global areas where crop plant diversity is strikingly high, with
many crops having been domesticated. The country contains five recognised biomes, which can be
divided into ten ecosystems, the isolation of many of which has resulted in significant endemism. 84
This biodiversity presents enormous potential but has remained largely untapped to date. It is
estimated that the economic value of Ethiopian germplasm alone and its contribution to world food
security and supply, produces income streams in excess of 1 billion USD per year. 85 Many foreign
commercial and research companies and institutions have shown great interest in Ethiopian
biodiversity, traditional knowledge and genetic resources for technology, plant breeding and
commercial development purposes.86

In addition to the genetic value of Ethiopia’s endemic species, the unique species and biodiversity
found in Ethiopia is extremely valuable for education, scientific research and tourism. Unfortunately,
the potential benefits of this biodiversity are being threatened by increased environmental threats,
which have made Ethiopia one of the most degraded biological hotspots in the world.87. The GTP II
sets out numerous planned activities to ensure wildlife protection, conservation and stakeholder
inclusion with the objective of ensuring long-term socio-economic and ecological benefits for the
country.91 Importantly, these activities are to be undertaken in collaboration with regional states and
communities while taking into account ecosystem and natural landscape features. In addition, efforts
to reduce illegal activities within wildlife zones are planned. The unplanned and inappropriate use of
wildlife and its regulation is recognised as being a particularly pressing issue.

Within the context of biodiversity, the GTP II aims to increase the country’s access to and benefits
from the country’s genetic resources, as well as, their improved utilization and protection for
increased tourism. Enhanced community benefits through the strengthening of biodiversity
conservation is also envisaged and specific targets for increasing the number of plant, microbial, and
animal species at stipulated. In an effort to improve the utilization of biodiversity resources for
research and development the GTP II further sets targets for increasing the number of accession
agreements in relation to plant species, microbial and animal species.88

84
McKee J. Ethiopia Country Environmental Profile (2007)
85
McKee J. Ethiopia Country Environmental Profile (2007) at p. 47.
86
McKee J. Ethiopia Country Environment Profile (2007) at p. 45.
87
A good example of this threat is Coffea Arabica to which Ethiopia is home for a unique pool of genetic
strands. This genetic diversity represents significant potential commercial value. The genetic varieties can
mostly be found in stands of wild coffee in the rainforests of the South West and West of the country. These
genetic varieties, however, are under serious threat from commercial farming and resettlement programmes,
which have resulted in large scale clearing of coffee forests. McKee J. Ethiopian Country Environment Profile
(2007) at p.42. 91
These activities include consumption and non-consumption benefits such as: Hunting, ranching, stock
breeding and sale, eco-tourism, filing, photography, tourism. Growth and Transformation Plan II at p 114.
88
Growth and Transformation Plan II at p 125.
Table 5 is a summary of some of the negative environmental impacts associated with intensified
agricultural activities, the contributing causes of such impacts and some of the mitigation measures
that have been planned.

36
Table 5: Potential Impacts of Planned Developments on Wildlife and Biodiversity
Potential Negative Contributing Factors Planned Mitigation Measures
Impacts
Biodiversity - Population increases - Establishment of a legal licensing system
- Resettlement schemes - Expand biodiversity conservation sites (coverage and
- Poor land identification and land use management (Natural forest content)
destruction, agricultural expansion & use of marginal areas, etc) - Distribute different genetic types of agricultural crops
- Insecure land tenure - Control of movement and expansion of invasive
- Invasive species exotic species
- Unmanaged and inefficient use of natural resources - Guidelines and manuals to improve biodiversity
- Pesticides and herbicides conservation
- Genetic modification - Guidelines and manuals to improve equitable
- Loss of domestic breeds community benefits
- Capacity building
- Awareness creation
- Research (impacts of climate change, enhanced
conservation & utilization)

Wildlife Protection - Population increases - Demarcation and legalisation of wildlife zones

- Resettlement schemes - Demarcation and legalisation of protected wildlife
- Poor land identification and land use management (habitat destruction, zones
agricultural expansion & use of marginal areas, etc) - Creation of additional wildlife zones
- Invasive species - Preparation of management plans for wildlife zones
- Unmanaged and inefficient use of natural resources - Rehabilitation of wildlife zones
- Pollution - Strict enforcement of relevant domestic and
- Livestock free grazing international legislation
- Illegal wildlife trafficking - Infrastructure Development
- Poaching - Public Participation and Community engagement
- Lack of awareness

44
 - Unclear conservation boundaries. - Creation of a conflicting interests dispute resolution
unit
- Relocation of communities from inside national

parks
- Expand community benefits
- Link to Greenhouse gas reductions
- Needs based research (conflicts of interest/ climate
change impacts/ sustainable wildlife and ecosystem
conservation and development)
- Improved co-ordination
- Education, capacity development and awareness
creation
- Strengthening of information systems

45
46
5 EXPECTED PROGRAMME IMPACTS

The National Environmental Law Development and Enforcement Programme is intended to be a

comprehensive and proactive ten-year plan for addressing gaps and shortfalls within the existing
legislative frameworks, as well as, improving the implementation and enforcement of national and
international environmental laws and the engagement of citizens and civil society. The overarching
objectives of the Programme - to improve environmental protection and sustainable resource
utilisation by establishing environmental rule of law within Ethiopia - will be achieved through the
three thematic areas or “Pillars” of:

• Education and Justice;

• Enforcement and Institutional Strengthening;
Citizen and Civil Society Engagement.

Each of these Pillars will work in synergy to develop a culture of voluntary environmental compliance
and the establishment of environmental rule of law within Ethiopia. By improving the environmental
capacity of those involved in environmental protection and the implementation and enforcement of
environmental legal frameworks and policies; increasing the awareness and involvement of regulated
and affected communities; Strengthening institutional coordination, collaboration and
communication; and providing effective solutions and pathways to remedy environmental concerns,
the Programme is expect to create a series of self-reinforcing outcomes that will result in the greater
systematic protection of Ethiopia’s environment and long-term sustainable development.

The Programme will take a sectoral approach, aiming to align with existing economic development
strategies. In practice this will see the identification of potential environmental risks and drivers for
environmental degradation, review of relevant environmental legislation and policies, harmonisation
of institutional coordination, collaboration and communications systems and mechanisms, and
leveraging of existing development partner and civil society capacity through the lens of identified
sectors.

Further, as the Programme is designed around a modular approach – allowing different thematic
programmes and projects to contribute towards the overarching objective – it is anticipated that the
specialist capacities and ongoing inputs of development partners and institutional projects can be
leveraged for improved environmental outcomes. Focused, suitable and sustainable interventions
that entrench capacity and knowledge beyond the determined project horizons and make use of or
improve existing structures, while producing meaningful results, will be therefore be prioritized. This
approach will ensure firstly, the purposeful and strategic integration and coordination of sectoral
activities in the light of the cross-cutting nature of environmental considerations and secondly, the
long-term retention of development partner technical capacities and knowledge transfer. This second
outcome is expected to be achieved through the establishment of and cooperation with
Environmental Resource Centres at regionally representative Universities.

47
The more specific expected impacts and outcomes of the programme under the are further set out
under the headings below.

5.1 PILLAR 1 – ENVIRONMENTAL EDUCATION AND JUDICIAL CAPACITY DEVELOPMENT

A fair, transparent, and accessible judicial system that can meaningfully respond to pressing
environmental degradation and natural resource disputes is essential for the establishment of
environmental rule of law and overall protection of Ethiopia’s environment and natural resources.
Pillar One of the Programme will focus on the strengthening of environmental education, as well as,
the development of environmental capacity for the judiciary and the professionals supporting the
administration and enforcement of environmental law. The national environmental legal frameworks
will also be reviewed and identified gaps and overlaps harmonized and closed.

Pillar 1 will encourage the development of regionally representative University Environmental

Resource Centres. It is envisaged that through these Centres awareness and the integration of
environmental and natural resource sustainability can be increased across academic disciplines and
regional environmental activities can be supported by contextually relevant and responsive research
and technical capacities. The Environmental Resource Centres will serve as environmental knowledge
hubs ensuring the long-term and sustainable retention and dissemination of capacity and skills.
Further, the Centres will ensure the strengthening of, engagement with and integration of
environmental issues across the academic environment. The Environmental Resource Centres will be
included in many of the Programme capacity building activities and become resources capable of
supporting both regional EPAs and local communities.

In addition to improving environmental education and environmental resource capacity, Pillar One of
the Programme will implement measures to strengthen the environmental knowledge and capacity
of judicial officers and the professionals engaged in supporting the administration of justice. The
required specialist environmental knowledge to ensure greater consistency and meaningful
application of environmental laws will thus be developed. Steps to improve the availability of and
access to environmental justice, as well as, the existence of meaningful remedies and suitable
procedures will also be taken.
Expected Pillar 1 outcomes are:

Quality of environmental legal research and Environmental law capacity of the judiciary,
education is improved. legal and enforcement professionals is
enhanced.
• Environmental law resource centres are Green tribunal and green benches are
established. established.
• Environmental law research and development
institute accountable to the commission
established
Educational curricula at all levels is greened. Grass root access to environmental justice and
alternative dispute options exist.
Capacity of academic staff is enhanced and Comprehensive review and updating of
supported through strategic partnerships environmental legislation

48
 University community legal aid and support Rationalisation of institutional and sectoral
centres are established. mandates.
Strengthened Environmental Impact Improved environmental remedies and access
Assessment Process to environmental justice
Regulatory operationalisation tools are Regulatory implementation plans are
developed. developed.
Environmental law review, monitoring and
evaluation mechanisms are put in place.
5.2 PILLAR 2 – ENFORCEMENT AND INSTITUTIONAL STRENGTHENING
Institutions are the bodies responsible for translating legislation and policies into practice and are
therefore at the centre of improving environmental rule of law. Institutions are also in a position to
quantify and communicate environmental and natural resource risks and gains in tangible terms and
in a manner that can mobilize action. The focus of Pillar 2 of the Programme is therefore centred on
bolstering environmental law enforcement and institutional cooperation, collaboration and
communication.

The activities under this Pillar are intended to achieve clarified institutional mandates and roles, cross-
sectoral collaboration and coordination, vertical and horizontal institutional integration, and
enhanced enforcement capacity. These interventions will allow for improved environmental
enforcement consistency and thus legitimacy, as well as, the introduction of inter-disciplinary
monitoring and a move away for the current siloed approaches towards sectoral environmental
concerns. In addition, Initiatives under Pillar 2 of the Programme will take concrete measures towards
improving both the technical capabilities (testing equipment, facilities, etc.) and the enforcement
capacities (inspection protocols, evidence gathering procedures, etc.) of environmental enforcement
agencies.

Sectoral institutional mechanisms, with strong collaboration and communication focuses, that allow
for focused targeting of high risk industries, identification of relevant actors and partners, and the
establishment of self-regulation initiatives will be developed. Efforts to raise the environmental
awareness and understanding of high risk polluters and regular enforcement agencies will also be
taken. By increasing institutional collaboration, coordination and communication and clearly defining
institutional mandates and processes, environmental concerns and their cross-cutting nature can be
properly monitored and responded to and enforcement activities can be strategically planned and
implemented.

Expected Pillar 2 outcomes are :

Priority sectors and significant actors (public Inspection and enforcement capacities are
and private) are identified and prioritized. enhanced.
Tailored sectoral inspection and enforcement Technical enforcement capabilities are
strategies are developed. improved.
Partnerships for improved environmental Joint environmental units are established
protection are developed.

49
 Mechanism to rank and publicise sectoral Institutional coordination and collaboration
actors’ environmental performance is is strengthened and institutional mandates
established. clarified.
Integrated permitting mechanisms are Information sharing platforms and enhanced
implemented communication exists
Eco-certification system is put in place. EFCCC establishes itself as a resource
institution.
Annual state of the environment reports are Civil Society and Development Partners are
prepared at regional and federal level. more fully engaged at sectoral levels
Enforcement agencies are greened
5.3 PILLAR 3 – CITIZEN AND CIVIL SOCIETY ENGAGEMENT
As environmental justice requires an inclusive societal approach, Pillar 3 of the Programme will take
steps to ensure the greater engagement of affected communities, civil society and the general public.
Initiatives that ensure greater transparency and access to information, improved public participation
and meaningful consultations, and the increased awareness and capacity of civil society, local
communities and the public at large to engage on environmental issues will be developed and
implemented.

With increased knowledge and opportunities for interested and affected communities to express their
concerns and seek environmental justice, it is expected increased public engagement will occur. This
increased engagement will result in improved government decision making, contextually relevant
responses, more cost effective solutions, and more grass-roots assistance in environmental
monitoring and enforcement. The initiatives under Pillar 3 of the Programme are expected to take
place in synergy with those of Pillar 1 and Pillar 2 and the involvement and support of civil society is a
vital component of the Programme. By implementing Pillar 3 activities, the quality and legitimacy of
environmental decision making is expected to improve, scare government resources will be leveraged,
and resource driven conflicts avoided.

Expected Pillar 3 Programme outcomes are:

Access to information legislative framework is Public Participation legislative framework is

in place. in place.
Active dissemination of environmental Institutional mechanisms to ensure public
information takes place. participation are in place.
Efficient and substantive responses to access Institutional awareness of the importance of
to information requests. public participation is improved.
Up-to-date website provides all relevant Civil society, the general public and local
information. communities are aware of environmental
and natural resource concerns.
Public reporting, enquires and complaint Civil society, the general public and local
hotline is established. communities engage in environmental
protection and natural resource
management

50
 Civil Society is capacitated to support the
enforcement of environmental law.

5.4 FULFILMENT OF INSTITUTIONAL MANDATE

In addition to the impacts discussed under the three Programme Pillars, the EFCCC institutional
mandates are expected to be fully realised and achieve through the implementation of the
programme. Through the planned improvements in institutional coordination and collaboration the
Programme will facilitate the integration of environmental concerns across those sectors of pressing
national economic importance. By taking a multipronged robust approach to strengthening not only
the environmental legislative frameworks but the systems and institutions that support their
implementation, the EFCCC will fully step into its mandated role of coordinating activities to ensure
the environmental objectives established in the Constitution and the principles of the national
Environment Policy are realized.89 In addition, the expected strengthening of human resource capacity
and improved environmental awareness at all levels will facilitate the achievement of the EFCCC’s
articulated duties. Annex 3 sets out the current powers and duties of the EFCCC and the most relevant
expected Programme driven improvements supporting the fulfilment of these duties.

5.5 ADVANCEMENT OF SUSTAINABLE DEVELOPMENT GOALS

Ethiopia’s recognition of the SDGs and contribution they can make towards the national goals of
eradicating poverty and bringing about prosperity for all its citizens is reflected in the ongoing efforts
to integrate the SDGs into the Ethiopian GTPs and various sectoral policies. This Programme will touch
on each one of the SDGs and make direct positive contributions towards realizing a number of the
identified targets. Annex 4 outlines the positive contributions this Programme is expected to make
towards Ethiopia’s realisation of the SDGs. The Programme aims to harmonise and strengthen a
number of strategic elements, across the three broad thematic pillars of the Programme, which are
expected to improve the integration of the cross-cutting SGDs. With each initiative expected to build
and reinforce those structures needed to environmental protection and overall sustainable
development the SDGs will be directly supported and reinforced through the Programme.

5.6 DRIVERS OF ENVIRONMENTAL DEGRADATION STRATEGICALLY ADDRESSED

By identifying priority economic sectors, the primary environmental impacts within those sectors and
the main driving forces for those environmental impacts, the Programme will ensure that immediate
measures to halt ongoing sectoral environmental degradation are taken. The Programme will also
ensure that interventions to manage drivers of sectoral environmental degradation, mitigate their
impacts and ensure sustainable future activities are implemented. Drivers for environmental
degradation and unsustainable resource utilisation that cut across more than one sector will be
addressed as priority areas and sectoral activities to improve environmental outcomes will take place
in a focused, strategic and coordinated manner.

89
Article 32(3)(a) of the Definition of Powers and Duties of the Executive Organs of the Federal Democratic
Republic of Ethiopia, Proclamation 1097 of 2018.

51
The table below sets out a summary of the environmental areas most impacted by current sectoral
development initiatives, as well as, the expected Programme intervention that will be implemented
to address the most pressing drivers of degradation within these areas.

52
Table 7: Summary of expected environmental outcomes
General Wildlife Resources Soil Erosion & Land Degradation Pollution (Air)

- Develop institutional coordination - Develop context specific - Develop land use management - Develop framework climate
agreements and process; land use plans; regulatory framework; change legislation;
- Develop legislation for access to - Strengthen tenure security - Develop context specific land use - Develop community benefit
information; initiatives; plans; sharing legislation;
- Develop legislation for public - Develop community - Strengthened tenure security - Develop framework legislation
participation; utilization and benefit initiatives; for carbon trading;
- Develop framework legislation for sharing frameworks; - Develop community utilization and - Develop legislative incentives to
enhanced environmental remedies - Develop participatory benefit sharing frameworks; improve fuel efficiency;
and standing; conservation frameworks; - Regulate soil erosion and land - Develop legislative incentives to
- Develop legislation for - Develop integrated wildlife degradation drivers (grazing regulate industrial air pollution;
environmental tribunals; conservation strategies; capacity, farming techniques); - Develop necessary baseline
- Develop legislation for community - Develop payment for - Enhance regulations and standards
benefit sharing; ecosystem services; enforcement of legislation - Promote development of
- Strengthen EIA legislation; - Identify, proclaim and concerning chemical substances renewable energy resources and
- Develop integrated permitting demarcate all national parks used for fertilizers and pesticides; reduce fossil fuel utilization.
frameworks; and protected areas; - Improve EIA system and cost
- Develop environmental cost benefit - Enhance regulation and benefit analysis for agriculture and
analysis systems; enforcement of wildlife irrigation projects;
- Develop frameworks for protection and trade; - Develop necessary baseline
environmental compliance - Improve EIA system and cost standards;
incentives and disincentives benefit analysis for - Promote increased indigenous
(ranking systems, eco-certifications, projects impacting on ground cover;
scaled inspections etc.) wildlife; - Ensure policy and programme
- Establish environmental information - Ensure policy and compatibility with existing pastoral
system; programme compatibility and agricultural systems; - Improve
- Establish monitoring and evaluation with existing cultural and environmental research.
systems; community contexts;
- Develop green job creation - Improve wildlife
initiatives. conservation research.

45
Pollution (Substances) Water Resources Deforestation & Forest Degradation Biodiversity & invasive alien
species
- Enhance regulations and - Develop context specific - Develop land use management - Develop land use management
enforcement of legislation land use plans; regulatory framework; regulatory framework;
concerning chemical and other - Develop integrated water - Develop context specific land use - Develop incentives for in situ
pollution generating substances; resource development and plans; conservation of wild and
- Integrate the precautionary principle protection strategies; - Strengthened tenure security domesticated biodiversity;
and enforce polluter pays principle - Strengthened tenure initiatives; - Develop legislative frameworks
across sectors; security initiatives; - Develop community utilization and for the import, export and
- Develop waste disposal facilities - Develop community benefit sharing frameworks; exchange of genetic and species
(sludge, solid, liquid and electronic utilization and benefit - Develop participatory forest resources;
waste, other hazardous substances, sharing frameworks; management frameworks; - Develop community utilization
sewage, landfills etc.); - Develop participatory - Develop integrated forest and benefit sharing frameworks;
- Develop waste collection and resource management development strategies (water, - Develop protection of community
management systems; frameworks; energy, genetic resources etc.) intellectual property.
- Improve urban sanitation; - Develop payment for - Develop payment for eco-system - Develop incentives for
- Advance recycling opportunities and ecosystem services and services and forest sustainability community involvement and
initiatives; forest certification frameworks; education in and outside of
- Reduce single use plastics; sustainability certification - Regulate the use of exotic species; protected areas;
- Improve EIA system and cost benefit frameworks; - Identify and proclaim protected - Enhance regulations and
analysis for pollution generating - Enhance regulations and natural forests; enforcement of legislation
activities; enforcement of legislation - Incentivise fuel and construction concerning biotechnology;
- Develop necessary baseline concerning water use, alternatives; - Improve EIA system and cost
standards; abstraction and pollution; - Enhance regulations and benefit analysis for projects
- Update and maintain toxic, - Improve EIA system and cost enforcement of forestry impacting on biodiversity;
hazardous and radioactive benefit analysis for dam and legislation; - Develop necessary baseline
substances register; irrigation systems; - Improve EIA system and cost standards;
- Establish pollution monitoring and - Develop necessary baseline benefit analysis for forestry - Ensure policy and programme
compliance system; standards; projects; compatibility with existing
- Entrench environmental audits; - Ensure policy and - Ensure policy and programme cultural contexts;
- Enhance public environmental programme compatibility compatibility with existing cultural - Improve biodiversity,
education and awareness and with existing pastoral and and community contexts; conservation, and genetic
- Improve environmental research. agricultural systems and - Improve forestry research. research.
cultural contexts;
46
 PART 2
IMPROVED LAW DEVELOPMENT AND IMPLEMENTATION STRATEGIES

PILLAR 1
EDUCATION AND JUSTICE

6.1 ENVIRONMENTAL EDUCATION & JUDICIAL CAPACITY DEVELOPMENT

Aim 1: Specialised environmental law, policy and research centres are established.
Aim 2: Curricula at primary, secondary and tertiary education levels are greened.
Aim 3: Legal Aid Centres are established and strengthened.
Aim 4: Environmental law capacity development programmes are established for judicial, legal
and enforcement professionals.

The judiciary, as a branch of government, has a fundamental duty to ensure a clean and healthy
environment in so far as it is protected within the Constitution and the existing legal frameworks.90 It
is the judiciary that is responsible for the protection of constitutional rights and obligations, and the
interpretation of legislation and public policy, and thus one of the primary custodians of the rule of
law. As such, the judiciary and legal professionals appearing before and assisting the courts have the
capacity to make an important impact on environmental protection, particularly in the light of the
currently limited opportunities for public interest litigation and access to courts concerning
environmental matters.

To improve and promote environmental rule of law, judges and other legal professionals need to be
especially vigilant and sensitive towards environmental issues and develop environmental law,
compliance, and enforcement consistency through the cases that come before the courts. Confidence
in the ability of the judiciary to resolve environmental disputes or violations is vital for ensuring
environmental rule of law and voluntary compliance. Environmental adjudication must thus be fair,
well-reasoned, and efficient and the remedies provided must be effective and enforceable - solutions
that prevent environmental harm and stop further environmental degradation should be available and
justice must be seen to be done.

90
Article 13(1) of the Constitution of the Federal Democratic Republic of Ethiopia, Proclamation 1 of 1995.

57
To achieve this an improved knowledge and broad understanding of environmental issues is needed
across all sectors but especially the legal sector. Interdisciplinary forums for the study, development
and promotion of environmental law, policy and capacity are therefore needed. Such forums should
allow for the exchange of ideas, testing of policies and co-ordinated, contextualised responses to
environmental challenges. They should also serve as hubs for the sustainable retention of
knowledge, the provision of support and training resources for regional environmental protection
authorities, and the strengthening of environmental curricula at the tertiary level.

6.1.1 CONTEXT AND TARGETS:

To ensure the judiciary is able to build and maintain the necessary confidence and effectively fulfil its
constitutional duty of ensuring a clean and healthy environment, environmental disputes must be
presided over by capable judges and supported by a network of trained professionals knowledgeable
on environmental law, policy and best practice. Given the complex and fast developing nature of
environmental law and policy, and the recent proliferation of Ethiopian environmental legislation,
there is an urgent need to establish training programmes to develop and update the environmental
legal knowledge and skills of all professionals involved with the enforcement of environmental law.
Many of the current legal, policy and enforcement officials received their training before
environmental law became a major area of law. This situation is not unique to Ethiopia and a “ lack of
understanding of the many unique aspects of environmental cases, ranging from standing
requirements to substantive law, is a common problem” in many jurisdictions. 91 An improved
knowledge of environmental law, however, can result in well-reasoned written judgments, which
judgments have the capacity to not only serve as valuable educational tools, raise awareness and shape
public opinion but to also strengthen enforcement consistency, perceived legitimacy and voluntary
environmental compliance.

To improve the level of judicial and law enforcement officials’ knowledge of environmental issues, the
establishment and strengthening of Environmental Resource Centres is necessary. These Centres will
provide focused support for the development of effective environmental law and policy training,
conduct research, review implementation and enforcement activities, raise environmental awareness,
support public engagement with environmental issues and provide legal support. These Centres, which
will be established at selected universities taking into account geographic and regional location will
play a vital role in ensuring environmental law is integrated into the curricula of all relevant disciplines.
Due to the often complex and cross-cutting nature of many environmental issues these centres will
also be the focal points for facilitating cross-sectoral and industrial partnerships within the academic,
public and private contexts.

It is expected that these centres will play a key role in establishing an environmentally proactive
judiciary and body of legal practitioners, and enhancing the knowledge and capacity of law
enforcement officials. In addition, while raising environmental awareness and sensitising Ethiopian
society to environmental issues, these Centres will be instrumental in establishing and strengthening
legal aid centres, which will play a key part in assisting communities to obtain environmental justice by
seeking solutions, through both hard and soft legal interventions, to pressing environmental matters.

91
Environmental Rule of Law, First Global Report, UN Environment Programme, 2019, p.203.

58
Target 1: Judges and legal professionals at all levels are aware of, understand and can effectively
enforce environmental law.
Target 2: Enforcement professionals at all levels are aware of, understand, and can implement the
Ethiopian environmental law framework.
Target 3: Environmental Resource Centres are established at selected regionally representative
Universities
Target 4: Environmental Resource Centres develop specialised environmental law training curricula
and legal professionals, with specialised environmental law knowledge, graduate into
practice.
Target 5: Environmental Resource Centres support ongoing research, development and review of
Ethiopian environmental issues.
Target 6: Environmental Resource Centres facilitate academic, public and private cross-sectoral and
interdisciplinary co-ordination and partnerships.
Target 7: Environmental Resource Centres support respective regional EPA’S and enhance institutional
capacity
Target 8: Environmental Resource Centres work closely with legal aid centres.

59
6.1.2 Environmental Education and Judicial Capacity Development Action Plan
Key activity Secondary Activities Timeframes Responsible Output/ Overlaps/ Links
2020 2023 2025 2028 Bodies Indicator
A im 1.1.1: Specialised envi ronmental law, policy and research centre s are establishe d

i) Specialised a) Identify regionally representative - EFCCC Each Region has Links to Aim
at least two 2.1.1(i)(a),
Environmental universities and establish ERCs - Universities
University ERC by 2.1.4(i)(a)
Resource Centres (ERC) - ERCs
2030
are established - Research
b) Identify regionally appropriate ERCs develop and Links to Aim
at relevant Centres
practically engage 2.1.1(i)(a)
Universities sectoral focuses - Regional
and support
c) Identify regionally relevant research Authorities Links to Aim
environmentally 2.1.1(ii)(h)
priorities - Sectoral
relevant regional
Regulatory
concerns
bodies
d) Identify relevant non-legal partner Collaboration Links to Aims
- Private sector 1.1.2 (i)(c),
departments exists between
- International 1.1.3(i)(c),
legal and sciences
Universities 2.2.1(iii)(o),
departments
2.3.1(ii)(i)
- Partner
e) Identify regional partner institutions ERCs play a strong Links to Aims
countries
support, research 2.1.1(v)(u)&(v),
(EPA’s, private sector, government - Partner 2.2.1(iii)(g),(i)&(o),
agencies) and collaboration/
organisations 2.2.1(v)(e),(f)&(p)
coordination role
f) Develop academic, public and private 2.3.1(i)(a),
for environmental 2.3.1(ii)(g)&(i),
partnerships (regional, national &
regulatory 2.3.2(i)(b),
international)
institutions. 2.3.2(ii)(f)&(h)
g) Establish co-operation MOUs Links to Aims
2.2.1(v)(p),
between various ERCs
2.3.1(i)(f),
2.3.2(i)(d)

60
 h) Establish appropriate information Regional and Links to Aims
National dialogue 2.2.1(iii)(j),
exchange systems and networks
2.3.1(ii)(p),
between ERCs platforms are
2.3.2(i)(a),
developed.
2.3.2(ii)(h)
ii) Enhance the i) Develop academic partnerships with - Universities ERCs have Links to Aims
specialised 2.2.1(v)(o)&(q),
Environmental International universities and - International
2.3.1(v)(w),
Capacity of ERCs and environmental institutions universities - academics and
2.3.2(i)(d),
academic staff Research environmental
2.3.2(iii)(m)
Institutes - capacity
j) Establish mentoring programmes with EFCCC Knowledge and Links to Aims
- MoSHE experience is 2.3.1(v)(w)&(x)
international universities and
environmental institutions - Partner exchanged
k) Develop and implement specialised countries Academic staff are Links to Aim
- Development updated on 1.1.3(i)(a),
environmental training modules for
2.2.1(iii)(i)
academic staff partners environmental
developments. Links to Aim
l) Include ERCs members in relevant
Information is 2.1.1(iii)(l),
sectoral training and workshops
retained and 2.2.1(iii)(i),
disseminated 2.2.2(i)(b)&(c),
2.3.1(v)(v)
2.3.2(ii)(i),
m) Develop environmental law and Domestic Links to Aims
environmental 2.3.2(i)(b)
sciences PhD exchange programmes
expertise are
enhanced.
A im 1.1.2: Curricula at pri mary, secondary and tertiary education levels are
greened

i) Educational curricula a) Develop environmental education - EFCCC Integrated and Links to Aims
cross-disciplinary 3.2.3(i)(g),
at all levels are programmes at primary, secondary - ERCs
knowledge of 3.2.3(ii)(j)
greened and tertiary levels - MoE

61
 b) Develop specialised environmental - MoSHE environmental Links to Aims
subjects at tertiary level principles, laws 1.1.1(i)(d),
- Universities
and sciences is 1.1.3(i)(c),
(environmental economics, - International 2.1.4(i)(e),
established at all
environmental law, Geographic Universities 2.2.1(iii)(i),
education levels.
information Systems, environmental - Research Awareness of 2.3.2(ii)(i)&(j)
monitoring etc.) Centres Environmental
c) Introduce environmental linkages risks and
and components across disciplines management
exists
and subjects (economics, law,

62
 planning, science, business, Specialists in
engineering etc) environmental
subjects graduate.
d) Introduce environmental extra - Schools Awareness and Links to Aim
interest in 3.2.3(i)(d)
curricula activities (environmental - Universities
clubs, amateur monitoring - ERC’s environmental
- Local issues are
initiatives, environmental camps etc)
authorities introduced to
e) Develop communication and students. Links to Aims
1.1.3(i)(d),
education strategies to raise public Students can
1.2.2(i)(f),
awareness (environmental rights support data
2.3.1(ii)(e) &
and obligations, whistle blowing collection and 3.2.3(i)&(ii)
procedures, available institutional awareness
creating efforts
assistance)
A im 1.1.3: Legal Aid Centr es are established

i) Establish a) Necessary staffs are appointed - Universities Two Universities Links to Aim
environmental law per region have 1.1.1(ii)(k)
(lawyers, paralegals, etc.) - ERC’s
clinics - Bar established law
associations clinics
b) Obtain necessary practice licences All law clinics have Links to Aim
- Regional
the necessary 1.4.3(i)(c)
Justice
legislative
Bureaus
approvals
- International Links to Aims
c) Develop partnerships with ERCs and Clinics, ERCs and
Partner other 1.1.1(i)(d),
other relevant Departments
Organisations Departments work 1.1.2(i)(c),
- Civil Society 2.2.1(v)(p)
together to build
cases and gather
evidence

63
 d) Develop community outreach and Communities are Links to Aims
aware of available 1.1.2(i)(e),
awareness strategies
3.2.3(i)&(ii)
remedies and
where they can
access them

e) Establish support desk for civil Civil society and Links to Aims
ERCs work 1.3.2(i)(e),
society organisations
3.2.3(i)(g),
together to ensure
3.2.3(ii)(o)&(p)
environmental
protection
A im 1.1.4: Environmental law capacity development programmes ar e established for judicial, legal an d enforcement pro fessionals

i) Develop a) Develop a comprehensive and - ERCs Comprehensive Links to Aims

environmental law compilation of 1.1.1(i), 1.2.1(i)(f),
accessible judicial handbook on - EFCCC
1.2.2(i)(c),
and policy programme Ethiopian environmental law and - CSU environmental
1.4.2(i)(b),
for judiciary and legal policy framework - JLRTI principles and
2.1.2(ii)(h)
professionals - AG resources is
available
- Development
b) Develop and implement training Existing
Partners
programmes on environmental law adjudicatory
officers,
and policy for the judiciary at all levels
prosecutors, and
(existing) legal practitioners
c) Develop and implement training are brought up to
programmes on environmental law date on
environmental
and policy within the Prosecutorial
services (existing)

64
 d) Develop and implement training laws, principles
programmes on environmental law and developments
and policy for legal practitioners
(existing)
e) Develop and integrate environmental Professional
training into the training programmes training bodies
and curricula of responsible ensure sufficient
practical
professional institutions
ii) Develop environmental f) Develop and implement environmental - ERCs understanding of Links to Aims
law and policy training programmes environmental law 1.1.1(i), 1.1.2(i),
law and policy - EFCCC
1.1.4(i)(e),
programmes for with relevant enforcement officials - CSU and protection.
1.4.2(b),
enforcement officials (EPA’s, Police, - JLRTI 2.1.1(i)(c),
Inspectors etc) - AG 2.1.1(iii)(k)&(n),
- Partner 2.1.2(ii)(h),
2.1.4(i)(e)&(g),
Organisations
2.2.1(iii)(g)&(i),
2.2.2(i)(b),
2.3.1(v)(x),
2.3.2(ii)(i)
g) Develop relevant support resources - EFCCC Sector specialised Links to Aims
and focused 1.1.1, 1.2.2(i)(c),
for sector specific enforcement - ERCs
enforcement 2.1.1(ii)(g),
strategies - Partner 2.1.1(iii)(k)&(n),
officials are trained
Organisations 2.1.1(iv)(r),
and engaged
- Training 2.1.2(i)(c)&(d),
Colleges 2.1.2(ii)(h),
2.1.4(e)&(g),
2.1.4(i)(i),
2.2.1(iii)(g)&(i),
2.2.1(v)(q),
2.2.2(i)(b),
2.3.1(v)(x),
2.3.2(ii)(i)

65
66
6.2 GREEN TRIBUNAL & BENCHES

Aim 1: Specialised federal level administrative environmental tribunal is established.

Aim 2: Green benches in regional and federal level High Courts and Supreme Courts are
established.
Aim 3: Community and local level environmentally focused alternative dispute mechanisms
are encouraged and facilitated.

Many Environmental cases involve both legal and highly technical scientific issues. As scientific
knowledge and technologies advance these cases are becoming ever more complex and will require
specialist expertise to manage and resolve. Environmental cases also present numerous unique
requirements such as stringent time considerations, with the need for both rapid responses and
resolution and the consideration of long-term time horizons. The need for a broad recognition of
standing, a range of legal remedies, including civil, criminal and administrative, as well as, the necessity
of innovative, efficient and effective solutions that address actual harms caused are also vital
necessities when dealing with environmental disputes.

The creation of specialised environmental tribunals and development of environmentally

knowledgeable courts are two ways to ensure the adjudication of environmental cases can meet the
additional considerations environmental matters require. Specialised environmental adjudicatory
bodies can ensure that the personnel responsible for adjudicating environmental matters have the
necessary skills and procedural resources to make effective and sustainable findings. These specialised
bodies can provide much needed streamlined procedures, thus allowing cases to be dealt with more
swiftly and ensuring broader access, scientifically appropriate evidentiary procedures, and
proportionate responses and remedies.92

The encouragement of community level dispute resolution procedures is another important aspect of
ensuring environmental rights are protected, particularly in Ethiopia where resource constraints and
geographic accessibility create significant barriers to formal legal adjudication. As such, customary and
traditional environmental dispute resolution systems at the local community level should operate in
tandem with the formal judicial and administrative environmental enforcement systems and
communities should be empowered to resolve environmental concerns through these methods.

6.2.1 CONTEXT AND TARGETS:

One of the current difficulties for the effective enforcement of environmental laws within Ethiopia is a
lack of environmental technical expertise on the part of both judges and prosecutors. This gap often
leaves the courts reluctant to engage with environmental matters and prosecute violations that
require the use of technical reports and scientific understanding.93 A second area of difficulty is the
procedural and practical barriers to accessing courts;94 capacity constraints that cause delays; and rigid

92
Environmental Rule of Law, First Global Report, UN Environment Programme, 2019, p 211.
93
Venkov, J. Environmental Law Enforcement in Ethiopia Ministry of Environment Forest and Climate Change,
Ethiopia (2018) at p. 15.
94
Ethiopia: Legal and Judicial Sector Assessment (2004) Legal Vice Presidency World Bank at p. 29.
ineffective remedies that fail to address environmental damage and prevent the enforcement of
Ethiopian environmental laws. Thirdly, a lack of institutional integration and

55
mandate clarity prevents communication and collaboration between inspectors, EFCCC officials,
prosecutors and stakeholders and prevents the achievement of strategic interventions intended to
strengthen environmental rule of law. All of these factors are significant stumbling blocks for the
successful enforcement of existing Ethiopian environmental laws.

To address these issues and facilitate the implementation and enforcement of Ethiopian
environmental law, the creation of a specialised environmental tribunal is envisaged. The tribunal will
operate at a federal level and oversee the effective implementation of environmental law and
enforcement actions. This quasi-judicial body will improve access to environmental remedies, provide
scope for alternative dispute resolution mechanisms, ensure timely dispute resolution and facilitate
institutional enforcement integration. Through a combination of environmentally trained adjudicators,
the availability of expert assessors and focused procedures meaningful solutions and improved
environmental protection and harm prevention can be achieved.

While the Tribunal will alleviate the pressure of administrative enforcement actions on the judicial
system, due to the cross-cutting nature of environmental law it will be necessary to ensure High courts
and Supreme Courts at both the regional and federal level are able to effectively adjudicate
environmental matters. For this reason, steps will be taken to improve the environmental expertise of
judges in these courts and designate green benches and procedures.

Environmental adjudicatory bodies will aim to achieve the following:

• Fast and efficient resolution of disputes
• Streamlined, flexible, clear and balanced procedures (post-filing conferences, case-flow
management, etc)
• Simplified evidence collection procedures
• Expert assessor assistance
• Enhanced access (address geographical and financial barriers – circuit courts, electronic filing
and waiver or reduction of court fees and security bonds)
• No legal costs awards or costs capping
• Pro bono representation or advice or available experts
• Amicus curiae participation
• Publication of written and reasoned decisions

Target 1: An effective environmental tribunal is established to oversee environmental law enforcement

and dispute resolution.
Target 2: Rules and procedures for the environmental tribunal are developed and implemented.
Target 3: Joint inspection and prosecutorial units are established.
Target 4: Green judges and benches are designated and established at Regional and Federal level High
Courts and Supreme Courts.
Target 5: Environmental experts are identified to support and assist in environmental adjudication.
Target 6: Alternative dispute resolution mechanisms at community levels are facilitated.

56
6.2.2 Green Tribunal and Bench Action Plan:
Key activity Secondary Activities Timeframes Responsible Output/ Indicator Overlaps/ Links
2020 2023 2025 2028 Bodies
A im 1.2.1: Specialised feder al level administrative environmental tribunal is established
i) Establish administrative a) Develop legislation for the - EFCCC Federal level Links to Aims
environmental 1.1.2,
environmental tribunal establishment of an environmental - Attorney
Tribunal is 1.3.1(i)(d),
tribunal General
established and 1.3. 2(i)(c)&(d),
- Universities 1.4. 2(i)(b)
operational by
- ERCs
2023
- JLRTI Links to Aims
b) Clearly define jurisdiction and Mandate is clear
- Regional and no 1.3.1(iii)(f)&(g)
institutional mandate
Justice jurisdictional
Bureaus conflicts exist.
c) Develop Rules and Procedures for the - Federal and Clear, accessible Links to Aims
Tribunal (streamlined & flexible, Regional and transparent 1.1.1,
Courts 1.3.2(i)(c)&(d),
clear and balanced procedures) procedures exist.
3.1.1(ii)(k)
- Development Unique needs of
Partners environmental
disputes are taken Links to Aims
d) Allow for simplified evidence
into account. 1.1.1,
collection
1.3.2(i)(c)&(d),
2.2. 1(ii)(d),
2.3. 2(i)(j)
e) Qualification criteria of members and Tribunal is Links to Aim 1.1.4
terms of appointment determined. operational by
2023
Tribunal members are appointed

70
 f) Ongoing training of Tribunal Tribunal members Links to Aim 1.1.4
members on environmental have updated
adjudication knowledge of
environmental
laws and
developments.
g) Promote awareness of the Tribunal, - EFCCC Public and relevant Links to Aim
institutions are 3.2.3(i)(a),
the remedies it offers and how to - Regional
3.2.3(ii)(k),(l) &(o)
access it. Authorities aware of the
Tribunal and how
to access it.
h) Establish links between Tribunal and - EFCCC Environmental Links to Aim
matters are 1.3.2(i)(f)&(g),
joint environmental enforcement - Attorney
2.1.1(iv)(t),
units General properly prepared
2.1.2(ii)(i),
- MoP and referred to the
2.2.1(ii)(c),(d)&(e),
- Courts Tribunal. 2.2.1(iv)(l),
- CSU Investigations and 2.2.2(i)(a),
evidence is 2.2.2(ii)(g),
relevant and 2.3.1(iv)(t)
managed. 3.1.3(i)(c),

A im 1.2.2: Green benches i n onal and federal level High Courts d Supreme Courts are established
regi an
i) Establish specialised a) Identify courts and judges to receive - EFCCC Two specialised Links to Aim
- AG environmental 1.3.2(i)(c)&(d)
green benches specialised green benches
- Federal and adjudicators are
b) Designate judges for the hearing of trained within
Regional High
environmental matters
Courts

71
 c) Provide Judicial training to develop - EFCCC each regional and Links to Aim
- ERCs federal high court 1.1.4(i)(b)&(e)
specialised environmental expertise
- CSU
- JLRTI
- AG
- Partner
Organisations
d) Develop rules for expedited hearings - EFCCC Environmental Links to Aims
- ERC’s matters are dealt 1.1.1,
and clarify jurisdiction (allow for
1.3.2(i)(c)&(d),
amicus curiae, evidence handling, - AG with in clear,
2.2.3(i)(a)
- Federal and transparent and
publicly available written judgments,
Regional High appropriate
legal costs capping
Courts manner. Clear
procedure rules
exist.
e) Identify relevant environmental - EFCCC A pool of Links to Aims
- ERC’s environmental 1.1.2(i)(b)&(c),
experts and provide training for
1.1.4(ii)(g)
judicial assessment - Universities experts is available
to assist with
complex
environmental
cases.
f) Allow for circuit courts (enhance access - EFCCC Environmental Links to Aim
justice is available 1.3.2(i)(c)
and address geographical and - AG
financial barriers) - Regional to rural and isolated
Authorities communities.
- Regional High
Courts
A im 1.2.3: Community and l ocal level environmentally focused altern ative dispute mechanisms are encouraged and facili tated

72
i) Develop community level a) Identify local level leaders and activists - EFCCC Local level Links to Aims
communities 1.1.2(i)(e),
environmental dispute - ERC’s
3.2.2(ii)(g),(h)&(e),
resolution training - Regional understand
2.3.1(ii)(g)
Authorities environmental
b) Provide training on environmental Links to Aims
- Civil Society - issues and can 1.4.1(i)(e),
protection and conservation resolved common
Religious 3.2.2(ii),
environmental 3.2.3(i),
Organisations
issues effectively. 2.3.1(ii)(g)

73
6.3 ENVIRONMENTAL LAW DEVELOPMENT

Aim 1: Existing national environmental laws are reviewed, gaps are identified, and secondary
legislative resources are developed.
Aim 2: Framework environmental law and additional legislation is developed where necessary
Aim 3: Environmental Impact Assessment legislation, mechanisms and procedures are
strengthened

Over the past three decades Ethiopia has developed a number of environmental laws, policies and
strategies to address the increasing environmental pressures across the country and improve
environmental protection. Against the background of Ethiopia’s rapid economic growth and industrial
development, the pressure to develop the legislation necessary to address emerging environmental
issues and ensure economic development takes place in a sustainable manner has been high. In
addition, the field of environmental law itself has also developed rapidly over the past few decades
and has emerged as a unique global area of law, with specific features requiring a shift from traditional
legal doctrines and practices.

One of the areas of Ethiopian environmental law that requires an updated legal approach is the role of
individuals, communities and civil society within environmental enforcement. These members of the
Ethiopian public can play an important part in the monitoring and enforcement of environmental laws,
particularly when government is unable or limited in its ability to act – collective monitoring by the
general public can significantly facilitate the implementation and enforcement of environmental laws
(provide there are avenues for observed violations to be addressed). For this reason, clear legislative
guidelines to facilitate public participation and access to information by the general public are needed.

Link to this is the need for the existing rules on standing, or the right of an individual or organisation
to bring a matter before court, to be expanded. Traditional standing rules and interpretations were
originally designed to prevent the general public from suing for general harms and are often at odds
with the pro-active preventative character of environmental law. In the light of the important role
played by individuals, communities and civil society in protecting common resources and the
significant effect public interest litigation can have on developing and implementing substantive
environmental law, many legislatures and courts across the globe have elected to establish broad
standing rules. Ethiopia intends to do the same.

A second area where Ethiopian environmental law requires an updated approach concerns remedies
and the need for adjudicatory bodies to effectively and efficiently address environmental harms.
Without suitable remedies capable of providing proportionate responses, resolving disputes,
facilitating dialogues and addressing the environmental harms caused, people will lose confidence in
the ability of environmental adjudicatory bodies to resolve disputes and environmental rule of law will
become increasingly difficult to establish. Adjudicatory bodies should therefore have a range of
remedies available to them, which not only have a deterrent effect but also focus on encouraging
regulated communities to comply with environmental laws.

74
6.3.1 CONTEXT AND TARGETS:
In the light of these features and the quickly developing Ethiopian economy, there is a need to review
existing legislation and enact amendments to develop, update, fill gaps and operationalise the relevant
proclamations. There is a further need to enact new legislation to address issues surrounding standing,
remedies, whistle blower protection, administrative enforcement action, facilitation of public
participation and access to information, and various other distinctive procedural aspects of
environmental law. A framework environmental law that contributes towards the avoidance of
fragmentation and closes gaps common to much of the existing environmental legislation will
therefore be developed.

6.3.1.1 STANDING
As environmental law seeks to protect common interests and resources and aims to prevent damage
before it occurs, a narrow interpretation of standing, or the right to bring a matter before court, can
prove to be a significant obstacle for the effective implementation and enforcement of environmental
law. If communities and individuals are prevented from utilizing courts and adjudicatory bodies to
enforce environmental law, they will be unlikely to participate in the monitoring and enforcement of
environmental laws and will lose confidence in the ability of courts to provide relief.

While the Ethiopian Constitution gives everyone the right to bring a justiciable matter to a court of law
or any other competent body with judicial power, 95 and affirms the right of any association
representing the collective or individual interests of its members, any group, or person to seek a
judgment or decision; 96 the application of standing principles in practice is decidedly narrow. The
Ethiopian Civil Procedure Code97 allows only a person with a vested interest to act as a plaintiff and the
interpretation of what constitutes a vested interest is particularly narrow.

Further, there appear to be significant misconceptions of both the substantive and procedural laws, as
well as, a lack of awareness and judicial activism when environmental matters are concerned.98 The
matter of Action for Professional’s Association for the People (APAP) vs. Environmental Protection
Authority99 illustrates these legislative and interpretive short-comings. In this matter, both the court
of first instance and the appeal courts held that article 11(2) of the Environmental Pollution Control
Proclamation,104 which deals specifically with standing and the right of a party to institute court action
should it be dissatisfied with a decision of the then EPA, did not permit the APAP to sue the then EPA
to take action. This decision was based on reasoning that held the provisions of the Environmental

95
Section 37 of the Constitution of the Federal Democratic Republic of Ethiopia, Proclamation 1 of 1995.
96
Section 37(1) & (2) of the Constitution of the Federal Democratic Republic of Ethiopia, Proclamation 1 of
1995.
97
Article 33(2) of the Civil Procedure Code, Decree 52 of 1962.
98
M.G. Faure & W. Du Plessis (Eds) The Balancing of Interests in Environmental Law in Africa (2011), Pulp
99
Action for Professional’s Association for the People (APAP) vs. Environmental Protection Authority, the
Federal Democratic Republic of Ethiopia Federal First Instance Court, File No. 64902, 1999 E.C.; Federal High
Court, File No. 51052 (12 June 2008); Federal Supreme Court Cassation Division, File No. 39779 (3 December
2008). 104
Proclamation 300 of 2002.

75
Pollution Control Proclamation did not permit civil society organisations to bring action against
government organs.

These difficulties show not only the importance of judicial awareness surrounding environmental law
but also the need for strong environmental framework legislation capable of creating a cohesive and
uniform legal approach to environmental matters. The APAP case also highlights the need for a
broadened threshold for standing and institutional support for civil society legal interventions, even
when such interventions are targeted towards the environmental protection agencies.

Proposed legal developments on environmental standing:

• Expand standing for all environmental Proclamations;
• Expand legislation to allow interested parties to hold environmental wrongdoers (including
government) accountable through both civil and criminal actions (alternatively create an
environmental ombudsman for complaints against government);
• Expand standing to allow pre-emptive environmental protective action;
• Expand standing to allow for actions in the public interest (discontinue the vested interest and
actual harm requirements for environmental matters);
• Expand standing to include the right to bring “citizens suits” to enforce environmental law
(upon notice to government and accused party).

6.3.1.2 REMEDIES
The absence of legal remedies that provide meaningful redress for environmental harms has the
potential to undermine the perceived legitimacy of adjudicatory processes and thus environmental
law as a whole. The majority of existing Ethiopian environmental legislation provides only for the
imposition of fixed, often inappropriate monetary fines or imprisonment.100 While these remedies for
environmental wrongdoings may have a deterrent effect, they do not provide sufficient scope for the
provision of proactive relief, capable of preventing environmental harm from occurring, or
rehabilitating environments already damaged. Remedies that focus solely on the catching and
punishment of environmental wrongdoers contribute towards the creation of a culture of
noncompliance, particularly when inadequate enforcement action or disproportionate consequences
exit.

In this regard, the current use of fixed fine amounts presents difficulties. In certain circumstances the
stipulated amount may be too low or devalue over time due to inflation and currency fluctuations. This
can leave monetary penalties too low and easily factored into a violator’s “costs of doing business”. In
other circumstances, particularly in more rural or impoverished areas, the amounts can be perceived
as excessive and thus impact on the willingness of courts and prosecutors to enforce the legislation
and its penalties. An important principle to follow when imposing monetary fine amounts is therefore

100
While a number of the existing Proclamations do provide for remedies beyond imprisonment and fines and
recognize certain administrative remedies, the relevant environmental bodies and agencies are not
empowered to enforce them.

76
to ensure, at the very least, that the amounts imposed aim to recapture the economic benefits or
profits gained from environmental violation.

The deterrent effect of current criminal sanction and terms of imprisonment are also limited in certain
circumstances. Firstly, the emergence of new industry structures not recognised as ‘juridicial persons’
in terms of the Ethiopian Revised Criminal Code101 have created loopholes that create difficulties in
holding certain entities accountable. 102 Secondly, there is ambiguity regarding how to hold
government bodies accountable.108 Since the ability to hold government bodies accountable and seek
proactive remedial orders is an important aspect of establishing environmental rule of law, this issue
must be clarified and actions against government bodies for the enhancement of environmental
protection allowed. Thirdly, Criminal prosecutions may only be instituted by public prosecutors. While
provision is made for private prosecutions 103 only those directly affected, their spouse, legal
representative or body corporate may do so. This restriction prevents the institution of proceedings in
the public interest and removes a valuable tool for the creation of environmental rule of law and
effective enforcement.

The current availability of civil remedies for environmental damages is also limited. Only those with a
vested interest, and only in circumstances where there is material damage or clear imminent harm,
can these remedies be utilised. This means civil action cannot be taken against those who have
knowingly violated environmental Proclamations but caused no actual damage at the time relief is
sought.104 This means preventative action for environmental protection cannot be taken.

In the light of this and the inability of available remedies to adapt to the nature or severity of a violation,
the perceived legitimacy of environmental laws and thus the willingness of enforcement officials to
implement them is impacted. More responsive and environmentally focused remedies must therefore
be provided for. An escalation approach, starting with education, persuasion and warning letters and
ending with criminal sanctions and licence revocations is preferred. In addition, adjudicatory bodies
will be given the necessary discretion to ensure that not only do environmental wrongdoers receive
appropriate punishments, but also that damaged environments are rehabilitated, and affected
communities are compensated. A range of flexible, timely, responsive and proportionate remedies,
including informal, administrative, civil and criminal measures, will therefore be made available.

Proposed legal developments on environmental remedies:

101
Ethiopian Revised Criminal Code, 2004.
102
In terms of the Revised Criminal Code criminal sanctions can only be sought against ‘juridicial persons’ as
defined in section 34(4). While ‘Juridicial persons’ are defined broadly to include a range of legally recognized
organisational arrangements, the definition unfortunately excludes newly emerging industrial structures that
do not fall within the definition. 108
Section 34(1) specifically excludes administrative bodies of the State but section 34(4) includes governmental
structures.
103
Article 44 and 47 of the Criminal Procedure Code Proclamation 1961
104
DG Janka, Remedies for Environmental Wrong-doings in Ethiopia 1 Mekelle University Law Journal 2 (2013)
at p.17.

77
• Adjudicatory bodies are empowered to exercise discretion in the formulation of responsive
and circumstance appropriate legal remedies;
• Remedies are expanded to include supplemental environment projects;
• Remedies are expanded to include corrective and restorative orders (clean-up of
contaminated areas/ rehabilitate damaged ecosystems to previous condition etc.);
• Remedies are expanded to include preventative and declaratory orders (maintain the status
quo/ cease harm/ take immediate preventative action);
• Remedies are expanded to include compensation (Compensation from time of loss until
environment restored to baselines levels/ restoration plans to restore or replace the damaged
resource and ecosystems/ medical monitoring or insurance for impacted individuals);
• Remedies are expanded to include broad civil penalties;
• Remedies are expanded to include broad criminal penalties (Imprisonment should be reserved
for cases where defendants intended to engage in illegal conduct or were grossly negligent.
Penalties against companies could include loss of license to operate, disbarment from
government contracts);
• Remedies are expanded to include sliding fine determinations (taking into consideration how
much money a violator profited or benefited from the violation/ States investigation and
enforcement costs/ legal fees of government agency or citizen or NGO bringing the action);
• Remedies are expanded to include innovative programs such as environmental education
programmes for violators, community service etc.;
• Power of adjudicatory bodies to exercise oversight and judicial monitoring functions is
expanded.

6.3.1.3 PROCEDURAL AND INSTITUTIONAL

In addition to addressing broad legal issues of remedy and standing, legislative developments that
allow for administrative environmental law enforcement are needed. By empowering environmental
agencies to take effective enforcement action for less serious and more commonplace infractions, the
costs and delays associated with formal court processes can be avoided and the burden of regulating
minor offences on judicial enforcement mechanisms can be removed. The possibility of instituting
appeal or review proceedings to judicial bodies will remain.

Within the current Ethiopian context, while environmental agencies are empowered in numerous
Proclamations to make orders for corrective action, they have not been empowered to enforce such
orders and lack the necessary procedural competencies. Further, there is an absence of reciprocal
duties and obligations on other government institutions to ensure co-operation with the federal and
regional environmental agencies and relevant action.

Environmental law developments dealing with procedural and institutional matters will therefore take
a two pronged approach. Firstly, the Green Tribunals and Benches discussed under Aim 1.2. above will
ensure environmental adjudication by specialised officers, who have a range of available tools to
respond to environmental law violations quickly, flexibly, and meaningfully. Secondly, the enforcement

78
authority of environmental agencies will be strengthened. Legislative developments to ensure
enforcement officials are appropriately empowered to take effective enforcement actions, such as the
right to carry out planned and unannounced inspections, seize evidence, issue infraction notices and
administrative proceeding notifications, amongst others, will be needed. The legal framework to allow
for these institutional enforcement mechanisms is also needed.

Proposed Legal Developments for effective procedural and institutional structures:

• Legislation to remove financial barriers to court access is developed;
• Legislation and guidelines for the determination and calculation of monetary compensation is
developed;
• Legislation to allow for the hearing of matters with environmental expert assessors is
developed;
• Legislation to allow for continuing court or tribunal oversight of corrective orders
(commission appointment/ periodic observer etc.) is developed;
• Legislation to allow for the creation of green benches is developed;
• Legislation to allow for the creation of an environmental tribunal is developed;
• Legislation to protect whistle blowers and environmental defenders is developed;
• Legislation to allow for administrative remedies and effective (non-legal) monitoring and
enforcement action by environmental bodies is developed. Officials will be empowered to
carry out:
o Inspections (incl. right to enter) o
Investigation (incl. right to seize
evidence)

o Persuasion
o Warning letters/ Notice of violation o
Administrative penalties

o Corrective orders and forfeiture of items o

License or permit variation

o License or permit suspension or revocation

o Compliance monitoring and
inspection capabilities o Internal
review and appeal

• Legislation to allow for integrated permitting systems is developed;

• Legislation to compel institutional co-operation with environmental bodies is developed;
• Legislation to encourage and regulate public participation is developed;

79
• Legislation to encourage and regulate access to information is developed
• Legislation and guidelines for the facilitation of alternative dispute resolution at community
level and the encouragement of legal pluralism is developed;
• Legislation to allow for the redirection of a portion of fine amounts to enforcement agencies
or rehabilitation funds is developed;
• Legislation to establish incentive mechanisms is developed.

Target 1: A comprehensive review of existing environmental legislation is conducted and legislative

gaps and institutional capacity constraints are identified.
Target 2: Required secondary environmental legislation is developed, updated and enacted.
Target 3: Existing environmental Impact Assessment legislation, institutional capacity and
implementation mechanisms are strengthened.
Target 4: Framework legislation to address unique environmental law requirements is developed.
Target 5: Guidelines and handbooks for the effective implementation and use of legislation are
developed for adjudicatory bodies and environmental bodies.

80
6.3.2 Environmental Law Development Action Plan:
Key activity Secondary Activities Timeframes Responsible Output/ Overlaps/ Links
2020 2023 2025 2028 Bodies Indicator
A im 1.3.1: Existing national environmental laws are reviewed, gaps are identi fied, an d secondary legislative resources are developed.
i) Conduct a review of a) Comprehensive review of all national - EFCCC Legislative, Links to Aims 1.1.1,
capacity and 1.3.1(ii),
existing environmental environmental legislation is - Attorney
implementation 1.4.3(i)(b)&(d),
legislation conducted to identify legislative, General
gaps are 2.2.1(i)(a),
implementation, and capacity gaps - ERCs 2.3.1(i)(a),(b)&(c),
identified.
- Regional 2.3.1(iii)(l)
Institutional
b) Comprehensive review of all Justice Links to Aims
weaknesses and 1.4.2(i)(e), 1.4.3,
international environmental Bureaus
needs are 2.2.1(i)(a),
agreements ratified by Ethiopia is - Regional EPA’s
determined. 2.3.1(i)(b)&(c),
conducted to identify legislative, - Relevant line Practical 2.3.1(iii)(l)
implementation, and capacity gaps ministries mechanisms are
c) Comprehensive review of secondary - Development identified. Links to Aims
legislation is conducted to identify Partners 1.4.3(i)(d),
2.2.1(i)(a),
legislative, implementation, and 2.3.1(i)(b)&(c),
capacity gaps. 2.3.1(iii)(l)

ii) Update, amend and d) Update and amend all relevant Legislative gaps Links to Aims
develop all relevant are closed and 1.2.1(i), 1.3.1(i),
primary legislation
1.3.3(i)(a)&(b),

81
environmental e) Update, amend and enact relevant comprehensive 1.4.1(i)(f),
environmental 1.4.2(i)(c),
legislation secondary legislation
legislation is in 1.4.3(i)(d),
2.1.3(i)(d)&(e),
place to ensure
2.1.4(i)(h),
environmental
2.1.4(iii)(p)&(o),
protection 2.2.1(i)(b),
2.2.1(iv)(k),(m)&(s),
2.2.2(ii)(f),
2.2.3(i)(a),
2.3.1(i)(e),

82
 2.3.1(iii)(m)

iii) Conduct Institutional f) Identify mandates of all relevant Institutions are Links to Aims
aware of their 1.2.1(i)(b),
mandate and process institutions engaged by legislation
1.3.3(i)(c),
mapping legislative
1.4.1(i)(a), 1.4.3,
obligations.
2.1.2(ii)(f),
Processes and 2.2.1(i)(b),
working 2.2.1(iv)(l)&(m),
relationships are 2.2.2(i)(a),
defined and 2.2.2(ii)(e)&(g),
regularised. 2.2.3(i)(b),
2.3.1(i)(a),
2.3.1(iii)(l)&(p),
2.3.1(iv)(s)
g) Define operational structures and Links to Aims
1.2.1(i)(b),
jurisdictions
1.3.3(i)(c),
1.4.1(i)(c)&(d),
1.4.3,
2.1.2(ii)(f)&(g),
2.1.4(i)(d),
2.1.4(ii)(k),
2.2.1(i)(b),
2.2.1(iv)(l)&(n),
2.2.2(i)(a),
2.2.2(ii)(e),
2.2.3(i)(b),
2.3.1(i)(a),(c)&(d),
2.3.1(iii)(l),
2.3.1(iv)(s),
2.3.2(i)(e)
A im 1.3.2: Framework envi ental law and additional legislation develo ped where necessary
ronm is

83
i) Develop framework laws a) Expand the standing requirements - EFCCC Environmental Links to Aims 1.1.3,
challenges in the 1.2.1(i)(a), 1.2.2,
and additional updated for environmental matters - Attorney
1.4.1(i)(f),
environmental General public interest
1.4.3(i)(c),
can be brought

legislation b) Expand the range of remedies - ERCs Remedies that 3.2.3(i)(c),

- Regional prevent damage 3.2.3(ii)(k),
available to address environmental
2.2.1(i)(b),
harms and wrongdoings Justice from occurring and
2.2.1(vi)(t),
Bureaus remedy damage to
2.2.3(i)(a)
- Regional EPA’s the environment
can be ordered
- Relevant line
c) Develop specialised procedures for ministries - Environmental Links to Aims
matters are dealt 1.2.1(i)(a),(c)&(d),
the adjudication of environmental General Public
1.2.2(i)(a)(d)&(f)
matters - Development with in appropriate
and effective
Partners
manner
d) Develop legislation for the Environmental Links to Aim
issues are dealt 1.2.1(i)(a),
establishment of Green Benches and
1.2.2(i)(a)&(d)
Tribunal with by specialised
adjudicators and
forums
e) Develop legislation to protect whistle Citizens and civil Links to Aims
society assist in 1.1.3(i)(e),
blowers and environmental
1.2.3(i)(a), 3.1.3(ii)
defenders environmental
3.2.2(ii)(h),
protection
3.2.3(i)&(ii)

84
 f) Develop legislation to expand the Investigators and Links to Aims
institutions are 1.2.1(i)(h), 1.4.3(i),
monitoring and enforcement
2.1.1(i)(b),
capacity of environmental bodies able to take
2.1.3(i)(b)&(e),
effective proactive
across sectors and administrative 2.1.4(ii)(j),
action to stop and 2.1.4(iii)(o)&(p),
levels.
address 2.2.1(i)(b),
environmental 2.2.1(vi)(s),
harm 2.2.2(ii)(f),
2.2.2(iv)(k),
2.2.3(i)(a),
2.3.1(i)(c),
2.3.1(iii)(l),
2.3.1(iv)(t)
g) Develop legislation and regulations Environmental Links to Aims
issues are 1.2.1(i)(h),
to ensure institutional co-operation
1.3.1(iii)(f),
and integrated permitting regulated in a
1.3.3(i)(h),
comprehensive,
1.4.1(i)(a),(b)&(c),
integrated and 2.1.3(i)(a)&(d),
coordinated 2.2.1(iv)(l),
manner 2.2.2(i)(a),
2.2.2(ii)(f),(g)&(i),
2.3.1(i)(c),
2.3.1(iv)(q),
2.3.2(i)(c),
2.3.2(ii)(f)
h) Develop legislation to require Clear baselines of Links to Aims
environmental 2.1.1(v)(u)&(v),
annual reviews of natural resource
progress and 3.1.1(ii)(o)&(p)
and status of the environment
vulnerabilities
exist. Awareness
IS created

85
 i) Develop legislation to address Environmental Links to Aims
issues within 1.1.1(i)(b),
identified sector gaps
2.1.1(i)(b),
specific sectors are
2.2.1(i)(b)&(d),
addressed
2.3.1(i)(b),
sustainably 2.3.1(iii)(m)
j) Develop legislation to facilitate public Public become Links to Aims
engaged in 1.4.3(i)((b),
participation
environmental 3.2.1(i)(a)
protection efforts.
Local knowledge is
utilised.
Enforcement
efforts gain
legitimacy
k) Develop legislation to regulate access Citizens are aware Links to Aim
of environmental 3.1.1(i)(a)
to information
issues and can
engage in
protection efforts
A im 1.3.3: Environmental I mpact Assessment legislation, mechanisms and pr ocedures are strengthened
i) Strengthen EIA a) Develop updated legislation to close - EFCCC No legislative and Links to Aims
- Attorney regulatory 1.3.1(ii)(d),
mechanisms, identified gaps
2.2.2(ii)(d)
coordination and General loopholes exist as
b) Develop and update secondary EIA barriers to Links to Aim
procedures - ERCs
1.3.1(ii)(e)
legislation

86
 c) Rationalise federal and regional EIA - Regional effective EIA Links to Aim
Justice implementation. 1.3.1(iii)(f)&(g),
processes and jurisdictions
2.1.2(ii)(f),
Bureaus 2.1.4(i)(d),
- Regional EPA’s 2.2.2(i)(a),
- Relevant line 2.2.2(ii)(g),
ministries - 2.3.1(i)(b),
General Public 2.3.1(iii)(l),
2.3.1(iv)(s)
- Development
d) Develop institutional and sector Mandates and Links to Aim
Partners responsibilities of 1.4.1(i)(c),
coordination plan
all parties are 2.1.1(ii)(f),
2.1.4(i)(g),
clear. Parties
2.2.1(iv)(l),
work together to 2.2.2(i)(a),
ensure 2.3.1(i)(d),
comprehensive 2.3.1(iii)(k),
EIA system 2.3.1(iv)(q),
implementation 2.3.2(i)(a)
e) Develop implementation and Links to Aims
1.4.1(i)(d),
enforcement strategy
2.1.1(iv)(o),
2.1.2(i)(a),
2.2.1(i)(b),
2.3.2(ii)(h)

87
 3.1.1(ii)(n)

f) Develop environmental cost benefit Objective system Links to Aims

to evaluate 2.2.1(v)(q),
analysis system
2.2.1(vi)(t),
longterm cost
2.2.3(i)(a)
benefits of
projects is put in
place and utilized
during EIA
approval process.
g) Link EIA approvals to monitoring EIA approvals and Link to Aims
conditions are 1.4.3(i)(a)&(d),
and evaluation plans
2.1.3(i)(b),
linked to M&E
2.2.2(i)(a)
plans and
schedules within
h) Link EIA approvals to integrated the EFCCC and Link to Aims
1.3.2(i)(g),
permitting approach across line
2.1.3(i)(a)&(c),
ministries 2.2.2(ii)(g)

88
6.4 OPERATIONALISATION OF LEGISLATION

Aim 1: Develop phase-in plan for all environmental legal instruments

Aim 2: Develop regulatory operational tools
Aim 3: Develop monitoring and review mechanisms for all environmental legal instruments.

Legislation that is not efficiently implemented or enforced can have significant negative impacts
beyond a mere failure to comply. Non-implementation or ineffective implementation of
environmental legislation has the potential to undermine the rule of law, as well as, efforts to establish
a culture of environmental compliance.

One of the main difficulties encountered within the Ethiopian context is newly enacted, and even
existing environmental legislation, is not widely known about. This lack of awareness can be found
both within the public and private sectors and amongst the broader population. Further, when
awareness of specific legislation exists, there is often a lack of understanding regarding the underlying
purpose of the legislation, how the legislation should be implemented in practice and how it is linked
to broader environmental threats. In the absence of this underlying environmental understanding on
the part of those expected to implement and comply with environmental legislation, it is unlikely any
meaningful environmental protection or enforcement can be achieved.

For this reason, phase-in plans will be developed in conjunction with all new legislation, regulations,
and treaties. Similar plans will be developed for already enacted legislation. These plans will aim to
ensure a pro-active and holistic approach to environmental legislative instruments, the development
of strategic partnerships for effective implementation, and appropriate awareness raising strategies
at all levels. These plans will also aim to find practical methods to develop co-ordinated responses,
delineate mandates and map processes that will ensure environmental legislation is properly
implemented and applied.

Target 1: Develop comprehensive phase-in plans for all environmental legal instruments (legislation,
regulations, and treaties).
Target 2: Establish institutional co-operation and communication mechanisms.
Target 3: Establish monitoring and evaluation mechanisms for all current and future environmental
legislation, regulations, and treaties.
73
 6.4.1 Operationalisation of Environmental Legislation Action Plan:
Key activity Secondary Activities Timeframes Responsible Output/ Indicator Overlaps/ Links
2020 2023 2025 2028 Bodies
Ai m 1.4.1: Develop phase-i n plan for all environmental legal instruments
i) Develop a) Identify institutional stakeholders - EFCCC Institutional mandates Links to Aims
are mapped for each 1.2.1(i)(b), 1.3.1(i),
operationalisation and mandates - ERCs
sectoral legislative 1.3.1(iii)(f),
plans for all - CSU 1.3.2(i)(g),
b) Develop institutional implementation - Regional EPA’s framework and
environmental legal 1.3.3(i)(c),
plans for all environmental legal process for effective
instruments - Relevant line 2.1.2(ii)(f),
communication, 2.1.4(iii)(q),
instruments ministries
coordination and 2.2.1(ii)(e),
- Development
cooperation exist 2.2.1(iv)(m),
Partners 2.2.2(i)(a),
- Civil Society 2.2.3(i)(a),
2.3.1(i)(d)&(f),
2.3.1(ii)(g),
2.3.1(iii)(k),(n)&(p),
2.3.1(iv)(s)&(r),
2.3.2(i)(e), 2.3.2(iii)(l)
c) Develop inter-institutional Links to Aims
1.3.1(iii)(g),
communication and co-operation
1.3.3(i)(d),
plans for environmental legal 2.1.1(iv)(o),
instruments 2.1.2(ii)(h),
2.2.1(iv)(l),
2.2.2(i)(a),2.2.2(ii)(g),
2.2.3(i)(b),
2.3.1(i)(h),
2.3.1(ii)(g),
2.3.1(iv)(i)&(u),
2.3.2(i)(e)

91
 d) Develop enforcement strategies for Methods for effective Links to Aims
enforcement are 1.3.3(i)(d),(e)&(f),
environmental legal instruments
developed for each 2.1.1(i)(c),
sectoral legislative 2.1.4(ii)(k),
2.2.1(ii)(d),
framework
2.2.3(i)(b)
e) Develop awareness raising, High-level strategies Links to Aims 1.1.2,
for broad-based 1.2.3(i)(b),
education and community
2.1.1(iv)(o)&(r),
compliance strategies for all environmental
2.1.2(i)(c),
legislative awareness
environmental legal instruments 2.1.3(i)(g),
are developed 2.1.4(ii)(n),
concurrently with 2.3.1(ii)(g), 3.1.1,
legislation. 3.2.3(i)&(ii)
f) Engage regional EPAs during the Regional EPAs are Links to Aim
aware of ongoing 1.3.1(ii)(d)&(e),
development of environmental
1.3.2(i)(a),
legislation and ensure information activities coordinate
2.2.1(i)(b),
their efforts.
sharing 2.2.1(iv)(n),
2.3.1(ii)(h)
Ai m 1.4.2: Develop regulat ory perational tools
o
i) Develop practical a) Develop guides and explanatory - EFCCC Accessible level Links to Aims
measures and tools to appropriate guides 1.1.4(i)(a)&(g),
manuals for environmental legal - ERCs
2.1.1(iii)(j),
facilitate the instruments - CSU exist for various
2.1.1(iv)(r),
implementation of - Attorney stakeholders
2.1.4(ii)(j),
environmental General 2.1.4(iii)(o),
legislation - Regional EPAs 2.2.1(ii)(c),
2.2.1(iii)(j)

92
 b) Provide training and capacity - Regional Stakeholders are Links to Aims 1.1.1,
Justice aware of and 1.1.4(i)(b),(c),(d),(e),
development resources on
equipped to integrate 1.1.4(ii)(f),
environmental law amendments Bureaus legislative 1.2.1(i)(f),
- Relevant line amendments 1.2.2(i)(c),
ministries 1.2.3(i)(b),
- MOF 2.1.4(ii)(k),
2.2.1(iii)(h)&(i),
- ESA
2.2.2(i)(b)&(c),
- CSU 2.3.1(v)(x),
- Development 2.3.2(i)(h)
c) Conduct monetary and capacity Partners Resources for the Links to Aims 1.1.1,
resource analysis for - Civil society effective 1.2.2(i)(a)&(e),
1.3.1(i)(a)&(c),
environmental legal instruments implementation and
1.3.1(ii)(d)&(e),
enforcement of
1.3.2, 2.2.1(iii)(g),
legislation are 2.2.1(v)(o),

93
 budgeted for and 2.2.1(vi)(t),
available 2.2.3(i)(a),
2.3.2(i)(h)

d) Develop necessary baseline Sector relevant Links to Aims 1.1.1,

standards necessary 1.3.1(i)(a)&(c),
standards for environmental legal
1.3.2(i)(f)&(h),
instruments for enforcement are
1.3.3(i)(f),
in place
2.1.1(i)(e),
2.1.1(ii)(g),
2.1.2(i)(b),
2.2.1(iii)(g)&(j)
e) Translate Federal level - EFCCC Federal level Links to Aims
legislation is 1.3.1(i)(b),
environmental legislation and - Attorney
3.1.1(ii)(f)&(g),
treaties into relevant regional General accessible and
3.1.3(i)(a),
- Regional understandable to
languages. 3.2.3(i)&(ii)
Justice regional authorities
Bureaus
Ai m 1.4.3: Develop monito ring nd review mechanisms for all onmental legal instru ments
a envir
i) Establish monitoring a) Develop regular monitoring - EFCCC Implementation Link to Aims 1.1.4,
difficulties, 1.2.1, 1.2.2,
and review mechanisms and periodic impact - ERC’s
legislative gaps and 1.3.2(i)(f),
mechanisms for all assessment mechanism for all - Regional EPAs 1.3.3(i)(e),(f)&(h),
unplanned
environmental legal environmental legal instruments consequences are 1.4.1, 1.4.2,
instruments (legislation, regulations, and detected and 2.1.1(iv)(t),
2.1.2(ii)(i),
treaties) addressed
2.1.3(i)(d),
efficiently.
2.1.4(i)(b),
2.2.1(iv)(k)

94
 b) Facilitate periodic comments and Stakeholders can Links to Aims
inputs from external stakeholder provide feedback at 1.1.1(i)(e),
1.1.3(i)(d),
(Universities, Justice Bureaus, regular intervals
1.2.3(i),
Judiciary, Private sector, Civil 1.3.1(i),
Society) 1.3.3(i)(g),
2.3.1(ii)(i), 3.2.1,
3.2.2(i)(d), 3.2.3,

c) Encourage test cases for legislation - ERCs Legislative Links to Aims 1.1.3,
frameworks and 1.3.2(i)(a)&(e),
and jurisprudence development - Civil society
processes are tested, 3.1.1(ii),
- Courts 3.1.2(i)(h),
awareness is raised
and environmental 3.2.3(i)(c),
3.2.3(ii)(k),(o) &(p)
rule of law
developed.
d) Establish input and output - EFCCC Success of legislation Links to Aim
and extent of 1.3.3(i),(ii)&(iii),
indicators, and intermediate and
1.3.2(i)(f),
final outcome indicators for all implementation is
2.2.1(i)(a),
clearly measurable
environmental legislation, 2.3.2(ii)(i)&(j)
and necessary
regulations, and treaties
adjustments can be
made.

95
 PILLAR 2
ENFORCEMENT AND INSTITUTIONAL STRENGTHENING

7.1 DEVELOPMENT OF SECTOR SPECIFIC ENFORCEMENT STRATEGIES105

Aim 1: Priority sectors are identified, profiled and sector specific enforcement strategies are
developed
Aim 2: State institutions and key actors engaged across each sector are identified
Aim 3: An Integrated permitting system is established
Aim 4: A system to publish information on and evaluate key actors’ environmental
performances is established

One of the main reoccurring challenges of ensuring environmental law compliance and enforcement
are institutional capacity and coordination. Difficulties, common to the experiences of many countries,
include a lack of readiness on the part of regulatory bodies to enforce across all sectors;
decentralization and multiple agencies regulating one issue with different or conflicting mandates;
challenges in linking various permit systems; financial considerations overriding environmental
considerations; a lack of available baseline information and information transparency; and a lack of
knowledge from regulated communities regarding what is expected of them.106

To overcome these difficulties, enforcement solutions tailored to specific sectors and industries are
most likely to succeed in achieving sustainable environmental outcomes. A focused approach that
facilitates both context specific cooperation and when necessary enforcement is therefore required.
To develop such focused compliance and enforcement strategies, information and knowledge of the
institutional landscape is needed. From this information well-planned, resource efficient, systematic
and appropriate enforcement strategies can be developed and implemented.

These sector specific enforcement strategies, developed from a solid knowledge of sectoral contexts,
and spelling out the objectives and methods of the enforcement strategy, will help focus institutions,
officials and regulated communities to the most important issues within identified areas. Further,
these detailed strategies have the potential to bring public attention to areas of non-compliance and
also encourage regulated communities to take pre-emptive corrective action.

105
A sectoral approach is in-line with the Climate Resilient Green Economy (CRGE) strategy.
106
Enforcement of Environmental Law: Good Practice from Africa and Asia (Volume II) UNEP (2017).
7.1.1 Context and Targets:

78
Over recent years aggressive development programmes have been pursued and implemented across
Ethiopia. These programmes and projects have often been implemented without sufficient
consideration for environmental impacts and in contravention of various environmental laws and
policies. These actions have resulted, amongst others, in the ongoing clearing of virgin indigenous
forests for commercial agriculture, uncontrolled use of chemical fertilizers and pesticides, and the
conversion of large areas of wetland into commercial farms.

To date, the response of the EFCCC to these violations has been limited. One of the reasons for this
limited enforcement response and failure to ensure the integration of environmental considerations
and precautions into development programmes has been the diffusion of responsibilities across
different sectoral ministries. These diffused responsibilities combined with a lack of coordination and
clarity concerning mandate responsibilities has created enforcement gaps and hesitations by
responsible institutions to take necessary action. Beyond these institutional co-ordination difficulties,
a lack of communication to regulated communities of expected compliance standards, combined with
poor knowledge and understanding on the part of regulated communities of how to achieve
compliance, and the absence of sectoral industry accountability are strong contributing factors for the
existing weak enforcement of environmental laws.

To address these issues, focused and strategic oversight is needed. For this reason, sector specific
focused co-ordination, environmental targets, and tactical priorities must be determined. To be
effective, these objectives, standards and strategies must be clearly communicated to all interested
parties and systematically implemented with partner agencies. Further, it will be necessary to ensure
clear responsibilities are assigned and that established priorities and targets remain responsive and
flexible to monitoring feedback and changing circumstances. A mixture of incentive-based and
command and control measures will form the basis of sector specific strategies and initial guidance
and support will be given to regulated communities. As intra-governmental, private sector
partnerships and public engagement are vital for ensuring realistic and legitimate environmental goals
and a broad understanding of the consequences of non-compliance, collaborative mechanisms will
also need to be developed to address environmental impacts.

Target 1: Private sector and intragovernmental partnerships are strengthened.

Target 2: Regulated communities are engaged and encouraged to voluntarily comply and take
preemptive corrective action.
Target 3: Information and understanding of priority sectors’ institutional landscapes is established.
Target 4: Sector specific, focused, resource efficient and systematic enforcement strategies are
developed and implemented.
Target 5: Objectives, environmental targets, standards, and methods of enforcement strategies are
clearly established and understood.
Target 6: Public attention and pressure is brought to areas of potential non-compliance.
Target 7: Improved institutional and sectoral co-ordination is established.
Target 8: Information on key sectoral actors’ environmental performances is publicly available.

79
7.1.2 Sector Specific Enforcement Strategy Development Action Plan:
Key activity Secondary Activities Timeframes Responsible Output/ Indicator Overlaps/ Links
2020 2023 2025 2028 Bodies
Ai m 2.1.1: Priority secto rs are identified, profiled and sector spec ific enforcement strategies are developed
i) Identify priority d) Identify significant sectors - EFCCC In collaboration Links to Aims
with regional EPAs 1.1.1(i)(b),
and high risk within each region - Regional
2.1.4(i)(a),
sectors and EPAs environmentally
2.1.4(ii)(q)
- ERCs significant sectors
develop tailored 3.2.3(i)(f)
- Regional are identified for Links to Aims
inspection and e) Determine sector specific
Justice each region 1.3.2(i)(f)&(I),
enforcement emissions and risks
Bureaus 2.1.1(i)(c)
strategies 2.1.1(iii)(i),
- Sectoral
2.1.1(iv)(o),(p)&(s)
- Regulatory 2.1.4(i)(c),
bodies 2.2.1(ii)(h),
- Sectoral 3.2.3(i)(f)
f) Develop inspection and research Sector specific Links to Aims
enforcement 1.1.4(ii)(f),
enforcement policies for each institutions
1.4.1(i)(d),
identified sector - Investment strategies are
2.1.3(i)(f),
Commission developed based on
2.2.1(ii)(e),
risk assessments
- ESA 2.2.1(vi)(t),
and sector best 2.2.3(i)(a)&(b),
- ECAE
practice 2.3.1(iii)(k),
- Private 2.3.1(iv)(q)
g) Establish standard inspection sector Links to Aims
1.1.4(ii)(f),
protocols for each sector
2.1.1(iii)(l),
2.1.4(i)(c),
2.2.1(i)(c),
2.3.1(i)d)&(e),
3.1.1(ii)(h)

99
 h) Develop standard methods for Links to Aims
1.4.2(i)(d),
the collection of samples and
2.1.1(iii)(n),
evidence 2.1.4(i)(b)&(f),
2.2.1(ii)(d),

100
113

101
 2.2.1(iii)(g),
2.2.1(iii)(j),
2.2.1(v),
2.3.2(ii)(i)
i) Establish pollution release registers Baseline data on Links to Aims
existing emissions is 2.1.2(i)(b)
or inventories for all relevant
2.1.4(i)(c),(e)&(f)
facilities within identified sectors gathered
2.1.4(ii)(k),
(businesses/ facilities can provide 2.2.1(ii)(h),
relevant data)113 3.1.1(ii)(l),(m)&(p),
3.1.3(i)(c),
3.2.3(i)(b)&(h)
ii) Establish sector j) Determine objective standards and Objective pollution Links to Aims
standards, levels and 1.1.4(i)(g),
specific standards baseline indicators for each sector
1.4.2(i)(d),
and indicators (against which compliance can be indicators are
2.2.1(iii))(i),
established for
measured and enforced) 3.1.1(ii)(h)
sectoral pollution
k) Determine acceptable sector Links to Aims
regulation
emission levels and pollution 1.1.1(i)(c),
2.1.1(i)(b)&(f),
standards
3.1.1(ii)(h)
iii) Develop sector l) Develop assessment criteria and - EFCCC Regulated Links to Aims
specific communities are 1.1.1,
technical compliance guidelines for - ERCs
2.1.1(i)(b),
enforcement sector facilities (for regulated - Regional EPAs aware of expected
2.1.1(ii)(g),
capacity and - Justice compliance levels and
community) 2.1.1(iv)(r),
information Bureaus - standards, as well as, 2.2.1(ii)(c),
ECAE how to reach and 2.2.1(iii)(g)
resources
m) Develop sector specific maintain them. Links to Aims
- Sectoral
1.4.2(i)(a),
information packs and quick guides regulatory
2.1.1(iv)(q)&(r),
(applicable laws, regulations, bodies 2.1.4(iii)(o),
standards, clean production - Private 2.3.2(i)(a),
technologies and techniques etc) sectors 3.2.2(ii)(g)
Available and accessible information on pollution levels is expected to reduce pollution as companies will not want to be identified as major polluters and also raise
awareness and enable the public to play a larger role in monitoring and enforcement of pollution but bringing information into the public domain.
n) Conduct sector specific training for Links to Aims
2.1.1(iv)(r),
regulated communities
2.3.2(iii)(m),
3.2.3(i)(b)&(C)

102
 o) Develop training curricula for sector Enforcement officials Links to Aims
are aware of sector 1.1.1(i)((l),
specific inspection and enforcement
1.1.4(ii)(f)&(g),
actions specific environmental
2.1.1(i)(b),
risks, how to regulate
3.1.1(ii)(j)
and respond to such Links to Aims
p) Develop inspection handbooks
risks and when 2.2.1(i)(d),
necessary gather 2.3.2(ii)(g)
q) Conduct sector specific training for evidence for effective Links to Aims
enforcement actions. 1.1.4(i)(f)&(g),
inspectors and enforcement officials
2.1.1(i)(e),
2.3.1(iii)(k),
2.3.1(iv)(q)
iv) Develop annual r) Identify planned routine inspection - EFCCC Highest Links to Aims
environmental risk 1.3.3(i)(e),
EFCCC work plans activities for work period based on - Regional EPAs
1.4.1(i)(c)&(e),
and strategies for pollution potential (target groups, - ERCs sector industries are
2.1.1(i)(b),
- Private sector subject to greatest
identified sectors frequency, times and budgets) 2.1.3(i)(c),
oversight 2.1.4(ii)(m),
2.2.1(ii)(e),
3.2(i)(h),
s) Establish minimum number of Consistent and regular Links to Aim
enforcement activities 2.1.1(i)(b),
inspections per work period
2.1.3(i)(c),
take place
2.1.4(i)(i)
2.1.4(ii)(n),
2.1.4(iii)(s)
t) Develop planned communication Enforcement Links to Aims
activities are 2.1.2(ii)(h),
and promotion activities for work
implemented 2.1.4(ii)(n),
period 2.1.4(iii)(s),
strategically and in
2.2.1(iii)(j),
coordination with 3.1.1(i)(j)&(l),
public awareness 3.2.3(i)(b),(c)&(f)
raising activities

103
 u) Develop compliance assistance Compliance Links to Aims
weaknesses are 1.1.4(ii)(g),
activities for work period (guidance
1.4.1(i)(e),
for compliance and reward for good identified and
1.4.2(i)(a),
strengthened.
practice) 2.1.2(i)(d),
2.2.1(iii)(i),(j)&(k)
v) Establish environmental targets for Effectiveness of Links to Aims
enforcement activities 2.1.1(i)(b),
work period
2.1.1(v)(u)
and success is
w) Establish monitoring and evaluation measured and tied to Links to Aims
meaningful 1.2.1(i)(h),
systems that will be put in place for
environmental 1.4.3(i)(a),
work period 2.1.4(i)(d),
improvement
2.2.1(ii)(f),
2.1.2(i)(o),
2.1.2(ii)(h)
v) Regions prepare x) Ensure annual environmental reports - EFCC Baseline of regional Links to Aims
are submitted by the environmental status 1.1.1(i)(e),
comprehensive - ERCs
is available for 1.3.2(i)(h),
annual Regions - Regional EPAs 2.1.1(iv)(s),
- Civil Society planning and
environmental 2.3.1(iv)(s),
responses 2.3.2(i)(e),
reports
3.1.1(ii)(o)
y) Establish required content and Links to Aim
1.1.1(i)(e),
reporting criteria of annual ARER
1.3.2(i)(h),
reports 3.1.1(i)(p)
Ai m 2.1.2: State institut ions and key actors engaged across each sector are identified
i) Key actors engaged a) Identify the name, contact - EFCCC Regulated Links to Aims
communities are 1.3.3(i)(e),
in each sector are information, geographic location, - Regional EPAs
2.1.4(i)(a),
identified and type of business or operation - ERCs identified
3.1.1(ii)(l)&(m),
of key facilities within identified - Investment 3.2.3(i)(f),
sectors Commission

104
 b) Identify existing licences or permits, - Sectoral All regulatory actors Links to Aims
are identified 1.4.2(i)(d),
emission types, emission baselines, regulatory
2.1.1(i)(f),
and risks associated institutions 2.1.3(i)(a),(c)&(e),

105
 with key facilities within identified - Private Sector 3.1.3(i)(c)
sectors
c) Conduct in plant risk based Environmental risk Links to Aims
and baseline 1.1.4(ii)(g),
assessments.
1.4.1(i)(e),
compliance levels
2.1.1(i)(b),
are determined for
2.1.1(iv)(t),
significant sectoral 2.1.4(i)(c)
facilities 3.2.3(i)(b)&(c)
d) Develop plant improvement plans Links to Aims
1.1.4(ii)(g),
for key facilities within identified
2.1.1(iv)(r),
sectors 3.2.3(i)(c)

e) Identify surrounding communities Affected communities Links to Aims

and their concerns 2.1.3(i)(f),
and interested parties, develop
2.1.4(ii)(n),
educational strategies and provide are identified and
3.2.3(i)(a)(b)&(g),
awareness of
information 3.2.3(ii)(j)
remedial steps is
raised
ii) State institutions f) Review mandates of State - EFCCC Sectoral regulatory Links to Aims
institutions and 1.3.1(iii)(f)&(g),
engaged in each institutions identified across key - ERCs
1.3.3(i)(c)&(d),
sector are sectors - Regional EPAs actors are identified
1.4.1(i)(a),
- Sectoral and methods for
identified 2.1.3(i)(a)&(b),
improved
regulatory 2.2.2(ii)(g),(h)&(i),
communication, 2.3.1(i),(ii)(iii)&(iv)
institutions
g) Appoint focal points within collaboration and Links to Aims
relevant institutions coordination are 2.2.1(ii)(e),
developed 2.2.1(iv)(m)&(n)
2.3.1(i)(a),
3.1.1(ii)(i)

106
 h) Develop communication and Links to Aims
1.1.4(i)(d),(c)&(e),
coordination strategy for each
1.1.4(ii)(f)&(g),
sector 2.1.1(iv)(t),
2.1.1(v)(q),
2.3.1(ii)(g),
2.3.1(iii)(p)

107
 2.3.2(ii)(f)

i) Establish co-ordination committees Links to Aims

1.2.1(i)(h),
for each sector
1.4.3(ii)(a),
2.2.1(iv)(n),
2.3.1(ii)(h)
Ai m 2.1.3: Integrated p ng mechanisms and procedures are establi shed
ermitti
i) Establish a) Designate the EFCCC as the - EFCCC Mechanisms for Links to Aims
centralised efficiently regulating 1.3.2(i)(g),
coordinating permitting authority - ERCs
1.3.3(i)(h),
multipurpose as appropriate - Regional EPAs and coordinating
2.1.2(i)(b),
environmental - Sectoral cross-cutting
2.1.2(ii)(f)
permitting and regulatory environmental issues 2.2.1(ii)(e),
monitoring bodies is created. Expert 2.2.1(iv)(l),
mechanisms (ESIA, - Line ministries inputs from diverse 2.2.2(i)(d),
Water permits, sectors are provided 2.3.1(ii)(h),
and comprehensive 2.3.1(iv)(t)
Investment permits
b) Establish multilateral review panel Links to Aims
etc) integrated monitoring
1.3.2(i),
(to include officials and experts and enforcement
1.3.3(i)(g),
from different sectors) methods are put in 2.1.2(ii)(f),
place. 2.2.1(iv)(n)
2.2.2(ii)(h)
c) Allow for scaled permitting, Links to Aims
1.3.3(i)(h),
renewal periods and reporting
2.1.1(iv)(o)&(p),
obligations depending on 2.1.2(i)(b),
environmental performance. 2.1.4(i)(d),
2.2.1(vi)(t)
3.1.3(i)((c),
3.2.2(i)(d)

108
 d) Provide legislative framework for Links to Aims
1.3.1(ii)(d)&(e),
the application of appropriate,
1.3.2(i)(g)

109
114

110
 clear and enforceable permit 1.4.3(i)((a),
2.2.3(i)(b)
conditions114
e) Provide for permit condition Links to Aims
1.3.1(ii),
monitoring and revocation
1.3.2(i)(f),
mechanisms 2.1.2(i)(b)
f) Ensure transparency in the Links to Aims
2.1.1(i)(c),
permitting process
2.1.2(i)(e),
2.2.1(ii)(f),
3.1.1(i)(a),
3.1.1(ii)(l)
g) Ensure stakeholder involvement Links to Aims
1.4.1(i)(e),
and outreach to regulated
2.2.1(ii)(f)
communities 2.2.2(ii)(h),
2.3.1(ii)(i)
2.3.1(iii)(o)
Ai m 2.1.4: System to pu blish nformation on and evaluate key ors’ en vironmental performa nce is established
i act
i) Enable a) Select sectoral polluters - EFCCC Identified sector Links to Aims
polluters monitor 1.1.1(i)(a),
selfreporting by - Regional EPAs
2.1.1(i)(a)
identified facilities - ERCs their pollution
2.1.2(i)(a)
- MoIT emissions according
(to include water b) Establish data collection processes Links to Aims
- Universities to predetermined 1.4.3(i)(a),
and raw material
schedules and 2.1.1(i)(e)
consumption, air - Private sector
parameters and 2.3.2(ii)(k)
and water pollution - Development
c) Determine reporting content and communicate these Links to Aims
discharged, - partners 2.1.1(i)(b),(d)&(f),
parameters to designated
hazardous waste authorities. 2.1.2(i)(c)
generation, d) Ensure reporting mechanisms to Links to Aim 1.3.1(i)(g),
1.3.3(i)(c),
methods of both federal and regional
2.1.1(iv)(t),
authorities 2.1.3(i)(c),
Conditions can include submission of regular facility reports and pollution data, application of best available technology principle, incorporation of sectoral guidelines and
standards etc.

111
 disposal, 2.3.1(i)(d)
mitigation
measures) Reported data is Links to Aims
e) Ensure equipment and experts are
accurate and within 1.1.2(i)(c),
available for accurate data
1.1.4(ii)(f)&(g),
measurements (facilities can hire the determined
2.1.1(i)(f),
parameters. Data is
these) 2.2.1(iii)(g),
analysed and 2.2.1(v)(q)
f) Develop a system to store, access awareness of Links to Aim
pollution levels within 2.1.1(i)(e)&(f),
and analyse data on regulated
sectors exists 2.1.4(ii)
communities within specific 2.3.2(ii)(g)&(h)
sectors 3.1.3(i)(c)
g) Establish institutional capacity for Links to Aim
1.1.4(ii)(f)&(g),
system administration and data
1.3.3(i)(d),
verification and analysis 2.2.1(v)(q)
h) Establish penalties for false Reported data is Links to Aims
verified and sectoral 1.3.1(i)(d)&(e)
reporting or failure to report
industries
i) Ensure randomised verification Links to Aims
incentivised to 1.1.4(i)(f)&(g),
inspections provide accurate 2.1.1(iv)(o)
information
ii) Develop Ranking j) Develop ranking system guidelines - EFCCC Objective ranking Links to Aims
system for industries 1.3.2(i)(f),
system for industry - Regional EPAs
based on 1.4.2(i)(a)
environmental - ERCs
k) Develop institutional capacity for Links to Aims
- Sectoral environmental
performance 1.3.1(ii)(g),
ranking assignment and performance,
regulatory 1.4.1(i)(b),(c)&(d),
verification institutions reported pollution 1.4.2(i)(b),
data and mitigation 2.1.1(i)(f),
- Private sector
efforts is developed 2.1.4(i)
- Development
for identified 2.2.1(ii)(c),
partners 2.2.1(v)
polluting sectors

112
 l) Introduce incentives to encourage - International Sectoral industries Links to Aims
are encouraged to 3.1.3(ii)(f),
achievement of high rankings industry
3.2.3(i)(h)
(access to more favourable loans/ associations improve

113
 preference for environmental
government contracts/ performance
enhanced influence and based on
regulatory
market recognition/
incentives, as
reduced reporting
well as,
requirements/ longer
penalties and
permit validity) public pressure
m) Introduce penalties for Links to Aims
2.1.1(iv)(o),
poor performance (name
2.2.3(i)(a)&(b)
and shame, higher 3.2.3(i)(b)
reporting burdens,
shorter permit validity,
more frequent
inspections)
n) Ensure sufficient public Links to Aims
1.4.1(i)(e),
disclosure and public
2.1.1(iv)(p)&(q),
awareness 2.1.2(i)(e),
2.2.1(ii)(f),
3.1.1(ii)(j),(k)(l)
&(m),
3.1.3(i)(c),
3.2.3(i)(a)&(g),
3.2.3(ii)(k)
iii) Develop o) Establish guidelines for - EFCCC Eco-certification Link to Aims
broad system is 1.3.1(ii)(d)&(e),
ecocertification - Regional
1.3.2(i)(f),
Eco- EPAs developed for
1.4.2(i)(a),
Certification - ERCs relevant sectors
2.1.1(iii)(j)
Programme and sector Link to Aims
p) Establish eco-certification
industries are 1.3.1(ii)(d)&(e),
incentives
provided with 1.3.2(i)(f)

114
 q) Identify sectors and - Sectoral regulatory and Links to Aims
regulatory commercial 2.1.1(i)(a),
institutions eligible for
1.4.1(i)(a)
eco-certification institutions incentives to
- Private obtain Links to Aims
r) Link to existing
sector certification. 2.3.2(i)(d),
certification structures
- Development 2.3.2(iii)(m)
and private sector
partners
initiatives
- International
(corporations)
industry
associations

s) Create public awareness Links to Aims

2.1.1(iv)(p)&(q),
surrounding eco-certified products
3.1.1(ii)(m),
3.1.3(i)(c),
3.2.3(i)(b)

115
7.2 STRENGTHENING OF INSPECTION AND ENFORCEMENT CAPACITY

Aim 1: Inspection and enforcement capacities are strengthened

Aim 2: Joint Enforcement Units are established
Aim 3: Polluter Pays Principle is enforced

The consistent enforcement of environmental law acts as a strong deterrent to potential violations and
contributes towards creating a culture of compliance. To be effective, inspections and enforcement
actions need to become a system of practice that is understood, implemented and followed by both
government agencies and regulated communities. An expectation of environmental enforcement must
be developed, which expectation can encourage broader voluntary compliance and accelerate the
incorporation of environmental standards and goals into business activities.

In order to foster an expectation of enforcement or culture of compliance, monitoring and

enforcement actions must be understandable and readily available through clear and focused policies,
guidelines and protocols. Beyond the potential deterrent value of consistent inspections and
enforcement actions, monitoring and enforcement activities must ensure meaningful consequences
result from detected violations or failures to take remedial action. To ensure these consequences and
successfully prosecute environmental crimes the correct information must be gathered, evidence
collected, and chains of custody ensured. Inspections must therefore be properly prepared in advance,
in coordination with other enforcement agencies, and carefully conducted on-site. Follow-up action
and reporting must also be prepared to assist in decisions regarding further enforcement activities
and, when necessary, prosecution.

Lastly, inspections coupled with the ability to take corrective action or order administrative penalties
is an important element for ensuring compliance with environmental laws. Administrative
enforcement mechanisms should therefore be put in place and inspection and enforcement officials
empowered to take the necessary actions. As local and regional level officials and agencies are often
best placed to monitor context specific environmental impacts, and enforcement action taken with
the involvement of local level agencies is easier to manage and enjoys great legitimacy, the
involvement and knowledge of these institutions must be incorporated into the inspection and
enforcement actions of the federal level. Through this collaboration and inclusion, knowledge, skills
and capacity can also be diffused to the Regional Environmental Agencies.

7.2.1 Context and Targets:

Currently the inspection and enforcement capacity of the EFCCC is limited. Shortages of monitoring
equipment, limited laboratories to process samples, minimal facilities to manage and dispose of
environmentally damaging pollution, as well as, the absence of technical manuals and policies, limited
expert knowledge at different levels, failures to integrate stakeholders into enforcement process, and
gaps between laws, policies and standards, are all factors hindering effective and deterrent generating
inspection and enforcement action. A lack of political focus and buy-in has also been a major
contributing factor to the weak enforcement capabilities that currently exist and undermine efforts to
encourage environmental compliance.
 90
At present most inspections take place on the basis of checklists developed from existing legislation
and most enforcement actions deemed necessary are delegated to the relevant REAs. Co-operation
with REAs, however, is not uniform and enforcement measures often fall short of encouraging
voluntary compliance or compulsory action. In addition, many significant environmental polluters are
government entities, against which it is often difficult to take formal legal enforcement action.

In the light of these difficulties the Programme intends to take a two pronged approach to the
strengthening of inspection and enforcement actions. Firstly, measures to address physical hurdles,
such as shortages of technical equipment, laboratories and disposal facilities, and financing
mechanisms will be introduced. Secondly, steps to strengthen institutional capacity and expertise will
be taken. The Establishment of a federal level inspection, investigation and enforcement oversight
body, responsible for overseeing and directing inspection schedules, developing clear inspection
objectives and methods, documenting inspection results, conducting technical conferences, mediating
remedial measures, referring matters for further adjudication and issuing of environmental clearance
letters is one such step. The specific empowerment of inspectors to conduct routine and exceptional
inspections, allow for the questioning of persons, enter premises, obtain samples and seize items, as
well as, enforcement of the polluter pays principles by requiring violators to pay for expenses incurred
by enforcement authorities in taking action to end or control its pollution are other such measures.

Target 1: Inspection and enforcement actions are consistent, effective and balanced.
Target 2: A culture of compliance is established through consistent inspection and enforcement
actions.
Target 3: Inspection and enforcement policies are clear, understandable and readily available. Target
4: Inspections are conducted in collaboration with relevant law enforcement agencies.

Target 5: Enforcement officials have the necessary skills and knowledge to effectively achieve
environmental compliance.
Target 6: Enforcement officials have adequate technological resources and capacity.
Target 7: Inspectors and enforcement officials are equipped to properly handle evidence and prepare
matters for possible future adjudication.
Target 8: Mechanisms are established to ensure monitoring and inspection activities are followed-up
and appropriate enforcement actions taken.
Target 9: Polluters pay for the costs of rehabilitation and any increased inspection and enforcement
actions necessitated by unlawful activities.
91
7.2.2 Strengthening of Inspection and Enforcement Capacity Action Plan:
Key activity Secondary Activities Timeframes Responsible Bodies Output/ Overlaps/ Links
2020 2023 2025 2028 Indicator
Aim 2.2.1: Inspection and enforcement capacities are strengthened
i) Ensure legislative a) Conduct legislative review of existing - EFCCC Enforcement Links to Aim
officials are 1.3.1(i)(a),(b)&(c)
framework exists for legislative framework - Regional EPAs
conducting of - ERCs empowered to
b) Develop appropriate legislation, Links to Aims
effectively and
effective Inspections - Regional 1.3.1(ii)(d)&(e),
regulations and directives for efficiently
and monitoring of Justice Bureaus 1.3.1(iii)(f)&(g),
efficient enforcement activities undertake 1.3.2(i)(b),(f)&(i),
environmental environmental 1.3.3(i)(e),
compliance enforcement 1.4.1(i)(f),
action 1.4.3(I)(d),
2.2.1(iv)(k),
2.2.2(ii)(f)
2.3.1(iii)(m)
ii) Develop clear and c) Develop standard inspection protocols - EFCCC Enforcement Links to Aims
officials and 1.2.1(i)(h),
consistent inspection and manuals - Regional EPAs
1.4.1(i)(d),
and enforcement - ERCs regulated
1.4.2(i)(a),
- Justice Bureaus communities are
capacities 2.1.1(i)(d),
- Universities aware of what is 2.1.1(iii)(i),
required for 2.1.4(ii)(k)
- MoIT
d) Develop evidence handling protocols environmental Links to Aims
- CSU
compliance. 1.1.4(ii)(f)&(g),
and manuals - Development 1.2.1(i)(d)&(h),
Partners 1.4.2(ii)(c),
2.1.1(i)(e),
2.2.1(v)(q)

119
 e) Develop EFCCC Investigative Transparency in Links to Aims
enforcement 1.2.1(i)(h),
oversight mechanisms
activities will 1.4.1(i)(a),
encourage 2.1.1(i)(c),
greater 2.1.1(iv)(o),
2.1.2(ii)(g)&(h),
collaboration
2.1.3(i)(a),
between 2.2.1(iv)(l),

120
 stakeholders and 2.2.2(i)(d),
more efficient 2.2.3(ii)(h)&(i)
enforcement.
f) Role of the public and civil society in Links to Aims
2.1.1(iv)(t),
monitoring and compliance
2.1.3(i)(f)&(g),
reporting is encouraged 2.1.4(ii)(n),
2.2.2(ii)(i),
2.3.1(ii)(i),
3.1.1(ii)(j),(k),(l),(m),
3.1.3(ii)(d),
3.2.3(i)(a),(c)&(e),
3.2.3(ii)(j),(l)&(p)
iii) Ensure inspectors g) Ensure availability of necessary Equipment and Links to Aims
facilities to verify 1.1.1(i)(f),
have the necessary monitoring and evaluation
emission levels 1.1.4(ii)(f)&(g),
skills, resources and equipment and facilities 1.4.2(i)(c)&(d),
and
training to ensure 2.1.1(i)(e),
environmental 2.1.1(iii)(i),
environmental
compliance are 2.1.4(i)(e),
enforcement
available 2.2.1(iv)(t),
2.2.1(v)(q)
2.3.2(iii)(l)&(m)
h) Ensure clearly defined capabilities Enforcement Links to Aims
officials have the 1.4.2(i)(b),
when hiring and appointing staff
necessary skills 2.2.1(i)(c)
2.3.1(v)(v)
and qualifications
i) Develop training programme on Links to Aims
to effectively
1.1.1(i)(e),(k)&(l),
technical and legal aspects of enforce 1.1.2(i)(c),
enforcement action environmental 1.1.4(i)((f)&(g),
law 2.4.2(i)(b),
2.2.2(i)(b),
2.3.1(v)(v)

121
 j) Ensure the availability of technical Links to Aims
1.1.1(i)(h),
resources and support
1.4.2(i)(a)&(d),
2.1.1(i)(e),
2.2.1(v)(r)

iv) Establish EFCCC k) Ensure enabling legislative - EFCCC Inspections are Links to Aims
Inspection, coordinated and 1.3.1(ii)(d)&(e),
framework is in place - Regional EPAs
1.3.2(i)(f),
Investigation, and - ERCs targeted.
1.4.3(i)(a),
enforcement Institutional
2.2.1(i)(b)
oversight body collaboration and Links to Aims
l) Ensure the body is empowered to
communication 1.2.1(i)(h),
oversee and coordinate inspection
limitations do not 1.3.1(iii)(f)&(g),
and enforcement actions and direct prevent effective 1.3.2(i)(g),
further corrective actions monitoring and 1.3.3()(d),
enforcement 1.4.1(i)(c),
2.1.3(i)(a),
action.
2.2.1(ii)(e),
2.2.2(i)(d)
2.3.1(i)(c)
m) Develop operating rules and Links to Aims
1.1.1(i)(a),
clearly establish jurisdiction
1.3.1(ii)(e),
2.1.2(ii)(g),
2.2.2(i)(d)&(g)
2.2.2(ii)(g)

122
 n) Establish institutional structures, Links to Aims
1.3.1(iii)(f)&(g),
coordination and communication
1.4.1(i)(f),
mechanisms for effective functioning 2.1.1(ii)(g),
2.1.2(ii)(i),
2.1.3(i)(a),
2.3.1(ii)(g),
2.3.1(iii)(p),
2.3.1(iv)(u),
2.3.2(ii)f)
v) Develop technical o) Identify existing facilities and - EFCCC Investigators are Links to Aims
testing laboratories able to accurately 1.1.1(i)(d)&(f),
capacity - Regional EPAs
1.4.2(i)(c)
and waste - ERCs test pollution
management facilities p) Develop partnerships with relevant - Investors levels and reliable Links to Aims
evidence for the 1.1.1(i)(e),(g)&(i),
institutions - Development
development of 1.1.3(i)(c)

q) Develop necessary capacity and Partners improvement Links to Aims

plans, monitoring 1.1.1(i)(i),
resources for facilities - Investment
of performance 1.1.4(i)(g),
Commission 1.3.3(i)(f),
or legal
- MoIT 2.1.4(i)(e)&(g),
prosecution is
- MoSHE available. 2.1.4(ii)(k),
- MoF 2.2.1(iii)(d),(g)&(j)
Regulated
r) Establish additional facilities in Links to Aims
communities are
1.1.1(i)(e)&(f),
strategic areas able to
2.1.1(i)(e)
sustainably
manage and
dispose of waste.
vi) Develop financing s) Ensure necessary legislative, Framework and Links to Aims
mechanisms for mechanisms exist 1.3.1(ii)(d)&(e),
regulatory and policy frameworks
1.3.2(i)(f)
monitoring and exist

123
 enforcement t) Develop institutional mechanisms to finance Links to Aim
required 1.3.2(i)(b),
activities (permit fees, fines, lease of
monitoring and 1.3.3(i)(f),
equipment, monetary penalties) 1.4.2(i)(c),
enforcement
2.1.1(i)(c),
activities
2.1.3(i)(c),
2.2.1(iii)(g),
2.2.3(i)(a)&(b)
Aim 2.2.2: Joint Enforcem ent Units are established
i) Green existing law a) Identify relevant law enforcement - EFCCC Law enforcement Links to Aims
agencies relevant 1.2.1(i)(h),
enforcement institutions from different sectors - Regional EPAs
1.3.1(iii)(f)&(g),
agencies and geographical areas (police, - ERC to environmental
1.3.2(i)(g),
- Justice Bureaus enforcement are
customs, prosecutors, local, 1.3.3(i)(c)(d)&(g),
- Regional identified, trained 1.4.1(o)(b)&(c),
district, regional etc.)
Authorities in environmental 2.3.1(i)(a)&(b)
b) Provide specialised environmental enforcement Links to Aims
- Land
training to identified officials from issues and 1.1.1(i)(l),
administration
coordinated to 1.1.4(ii)(f)&(g),
within identified law enforcement authorities 1.4.2(i)(b),
ensure consistent
institutions - Customs 2.2.1(iii)|(i)
and effective
c) Designate trained officials as Commission monitoring and Links to Aims
- Investment enforcement 1.1.1(i),
environmental focal points and task
1.4.2(i)(b),
team members Commission action.
2.2.1(iii)(h)
- MoA 2.3.1(iii)(l)

124
 d) Establish EFCCC as coordinating body - MoWIE Links to Aims
1.3.2(i)(i),
for ad hoc environmental task - MoTI
1.3.3(i)(a)
teams - MoP 2.1.3(i)(a),
- Development 2.1.3(i)(a),
Partners 2.2.1(ii)(c)&(e),
2.2.1(iv)(l)&(m),
2.3.1|(ii)(h)
2.3.1(iii)(l),
2.3.1(iv)(s)&(t),
2.3.2(i)(c)&(e)
ii) Develop joint e) Engage relevant sectoral ministries on Specialised joint Links to Aims
environmental 1.3.1(iii)(f)&(g),
environmental the development of JEEUs
1.4.1(i)(a),
enforcement units enforcement
2.2.2(i)(b)
units function to
f) Ensure necessary legislative Links to Aims
ensure the 1.3.1(ii)(d)&(e),
provisions are in place focused and 1.3.2(i)(f)&(g),
efficient detection 2.2.1(i)(b)
of environmental 2.3.1(i)(e)
g) Develop institutional structure for threats by Links to Aims
multidisciplinary 1.2.1(i)(h),
specialised joint enforcement unit
1.3.1(iii)(f)&(g),
within the EFCCC experts.
1.3.3(i)(d)&(h)
Resources are 1.4.1(i)(c)&(d),
used efficiently. 2.1.2(ii|)(f),
Collaboration and 2.2.1(iv)(m)&(n)
coordination is 2.1.3(i)(b),
achieved within 2.3.1(iii)(k),
enforcement 2.3.1(iv)(q)
h) Make multi-party monitoring teams a Links to Aims
actions
1.3.2(i)(g),
part of permit conditions
2.1.2(ii)(f),
2.1.3(i)(g),
2.3.1(iii)(k),

125
 2.3.1(iv)(q)

i) Ensure federal, regional, local and Links to Aims

community levels are engaged 1.3.2(i)(g),
2.1.2(ii)(f),
and incorporated (co-ordination
2.2.1(ii)(f),
and priority setting to come from 2.3.1(iii)(k),
Federal level EFCCC) 2.3.1(iv)(q),
3.1.1(ii)(j)&(l),
3.1.3(ii)(f),
3.2.3(i)(c)&(e)

Aim 2.2.3: Polluter Pays P le is enforced

rincip

i) Violators pay for the a) Enact necessary regulatory - EFCCC Polluters pay for Links to Aims
framework to allow for cost the costs 1.2.2(i)(d),
expenses incurred - ERCs
1.3.1(ii)(d)&(e),
by enforcement recovery against polluters. e.g. - Justice Bureaus associated with
1.3.2(i)((b)&(f),
- MoF pollution
authorities to take - Investigation expenses 1.3.3(i)(f),
mitigation and 1.4.2(i)(c),
corrective action
- Administration of imposed penalties control. Polluters 2.1.1(i)(c),
have financial 2.1.4(ii)(m)
- Cleaning up of contaminated areas 2.2.1(vi)(t)
incentive to
- Legal costs comply with legal
requirements and
- Increased monitoring costs
environmental
protection Links to Aims
b) Establish institutional mechanism
measures

for the administration and 1.3.1(iii)(f)&(g),

1.4.1(i)(a),(c)&(d),
enforcement of the polluter pays
2.1.1(i)(c),
principle 2.1.3(i)(d),
2.1.4(ii)(m),
2.2.1(vi)(t)

126
7.3 STRENGTHENING OF INSTITUTIONAL COORDINATION AND COOPERATION

Aim 1: Institutional roles are strengthened, and effective working relationships established
Aim 2: Information sharing platforms and efficient lines of communication are established
Aim 3: Integrated permitting mechanisms and procedures are established

Environmental law enforcement engages a number of broad and cross-cutting issues. As such, a
number of institutions effectively working together need to be engaged in the process of ensuring
compliance with environmental laws and policies. It is these institutions that are the key drivers for
sustainable development and are the structures responsible for translating environmental law and
policies into action. For such action to be effective, however, the various institutions engaged by
environmental law must have the necessary capacity, accountability, and adequate resources. Further,
mechanisms to facilitate beneficial co-operation, co-ordination and feedback across all the engaged
institutions must exist.

To achieve this, well-defined jurisdictions and unambiguous mandates for action are needed. In
addition, context appropriate institutional structures, effective internal controls, enhanced
accountability procedures, and broad based institutional collaboration must be facilitated. In the
absence of these factors and on-going co-ordination across the multiple vertical and horizontal
institutional levels, conflicts, duplication of efforts, wasted resources, and unnecessary delays will
result.

7.3.1 Context and Targets:

The Right to a clean and healthy environment is recognised as a fundamental right by the Ethiopian
Constitution, 107 which places the duty to respect and enforce such right on all three branches of
government, at both the regional and federal levels.108 In addition, all citizens, organs of state, political
organisations, other associations, and their officials have the duty to obey and ensure that the
provisions of the Constitution are upheld. 109 As such, there is a clear obligation on all institutions
engaged by the cross-cutting nature of environmental protection to ensure the realisation of the right
to a clean and healthy environment.

Unfortunately, the capacity to do this is often undermined by a lack of institutional coordination,

communication and collaboration both across the Woredra, Regional, and Federal levels (vertical
plane) and sectoral ministries (horizontal plane). Although the Ethiopian Environment Policy envisages
a multi-level and cross-ministerial approach to the management of environmental resources this
approached is hindered by institutional weaknesses. These institutional weaknesses are caused by
numerous factors such as structural instability and frequent mandate transfers; conflicting and

107
Article 44(1) of the Constitution of the Federal Democratic Republic of Ethiopia.
108
Article 13(1) of the Constitution of the Federal Democratic Republic of Ethiopia.
109
Article 9(2) of the Constitution of the Federal Democratic Republic of Ethiopia.

127
overlapping mandates; high staff turnovers and understaffing; limited expertise; the absence of
approved and integrated strategies, directives or regulations; and financial constraints.110
These institutional constraints contribute towards the current ineffectual translation of federal level
laws and strategies into practice and limit the ability of Regional Environmental Agencies (REAs) to
achieve practical implementation of the laws.111 The decentralisation of environmental project and
legal implementation activities and responsibilities to Woredra level government, which often
experience acute capacity shortages, further amplifies the institutional limitations surrounding
environmental protection within Ethiopia.112

Beyond existing institutional capacity constraints, a lack of communication and co-ordination between
Woredra level government and REAs, 113 particularly with regard to land allocations and mandate
responsibilities, and REAs and Federal environmental protection agencies, significantly destabilises the
practical implementation of Ethiopian environmental laws. Critical environmental decisions are often
made without consultation of relevant Woredra, regional or sectoral offices which prevents important
environmental considerations being brought to light. The diffusion of responsibility across sector
offices and the absence of effective coordination and collaboration also creates difficulties for the
collection and communication of information, thus making many responses uncoordinated and
disorganised. Although legislative provisions for the creation of Sectoral Environmental Units exists,114
only a limited number of SEUs exist at the Federal level and where they do exist, they are often
understaffed, focus on limited issues and do not enjoy sectoral independence 115 . Further, not all
Regions have dedicated REAs or clearly designated environmentally responsible authorities.116

The aim of the Programme under this strategic intervention is therefore to improve coordination,
communication and collaboration across both the horizontal and vertical levels. To achieve this the
clarification of mandates and jurisdictions, formulation of collaboration strategies, and establishment
of communication mechanisms and structures will need to take place. Through these actions the EFCCC
will be able to effectively provide the oversight and coordination role it is empowered to take and
ensure the appropriate direction of institutional resources and staff attention, while also preserving
the customs and contexts in which the regional and sectoral institutions continue to operate.

Target 1: Institutions engaged by environmental laws are strengthened, accountability is improved,

and resources are efficiently allocated.
Target 2: Institutional jurisdictions and mandates are clarified and defined.

110
Getu M. The Ethiopian Environmental Regime Versus International Standard: Policy, Legal, and Institutional
Frameworks 43 Haramaya Law Review Vol 1:1 (2012); McKee J. Ethiopia Country Environmental Profile (2007).
111
Getu M. The Ethiopian Environmental Regime Versus International Standard: Policy, Legal, and Institutional
Frameworks 43 Haramaya Law Review Vol 1:1 (2012) at 63.
112
McKee J. Ethiopia Country Environmental Profile (2007) at 57.
113
Section 15 of the Environmental Protection Organs Establishment Proclamation 295 of 2002.
114
Section 14 of the Environmental Protection Organs Establishment Proclamation 295 of 2002.
115
Sectoral desks have been created within the framework of the CRGE Strategy and EIAs in MoA, MoWIE,
MoUDC, MoTI, MoT, MoMP and until recently EWCA. These desks however fall within the institutional
structures of the respective sectoral ministries and have little formalized contact, reporting or accountability to
the EFCCC.
116
Only six of the eleven Regions have established REAs. Others have designated focal points.

128
Target 3: A broad-based institutional collaboration framework is established and institutional
cooperation between institutions is encouraged and facilitated.
Target 4: EFCCC becomes the primary environmental resource institute.
Target 5: Institutional support is provided to the Regional Environmental Authorities and bodies.
Target 6: Regions are supported in the development of regional environmental conservation plans and
strategies.
Target 7: Institutional communication mechanisms are established.
Target 8: Institutional accountability and responsibilities are clearly articulated.

129
7.3.2 Strengthening of Institutional Coordination and Cooperation Action Plan:
Key activity Secondary Activities Timeframes Responsible Output/ Overlaps/ Links
2020 2023 2025 2028 Bodies Indicator
Aim 2.3.1: Institutional ro les are strengthened and effective workin g relationships establish ed
i) Identify key ministries a) Clarify roles, responsibilities and - EFCCC Institutions are Links to Aim
aware of their 1.1.1(I)(e),
and organs of state mandates of EFCCC, sectoral - Regional EPAs
legislative 1.3.1(iii)(f)&(g),
engaged by key ministries, and regional - ERCs 2.1.2(ii)(f)&(g),
obligations.
environmental environmental agencies. - Regional Processes and 2.2.2(i)(a)
Proclamations and b) Identify regulatory overlap or Justice working Links to Aims
Bureaus relationships are 1.3.1(a),(b)&(c),
multilateral underlap and rationalize any conflicts
- Sectoral defined and 1.3.2(i)(l),
agreements 1.3.3(i)(c),
regulatory regularised.
Regulatory 2.2.2(i)(a)
bodies Links to Aims
c) Allocate responsibility for the accountability and
- Line ministries 1.3.1(i)(a),(b)&(c),
implementation of specific performance is
- Customary defined. 1.3.1(iii)(g),
environmental treaties and 1.3.2(i)(f)&(g),
governance Collaboration
legislation 2.3.1(iv)(l)&(s)
structures between
d) Allocate accountability (each Links to Aims
- Development institutions is
1.3.1(iii)(g),
institution should focus on its core partners strengthened. 1.3.3(i)(d), 1.4.1(i)(a),
activities) 2.1.1(i)(d),
2.1.4(i)(d)
e) Ensure authority to take necessary Links to Aims
1.3.1(ii)(d)&(e),
actions is in place (align strategy with
2.1.1(i)(e),
authority) 2.2.1(ii)(f),
2.2.2(ii)(f),
2.3.1(iii)(m)

130
 f) Develop cooperation and Links to Aims
coordination MoUs between 1.1.1(i)(g), 1.4.1(i)(b),
2.2.2(ii)(g),
relevant institutions
2.3.1(iii)(p)

ii) Encourage g) Enhance coordination between Environmental Links to Aims

protection is 1.1.1(i)(f),
cooperation, statutory and customary institutions
1.2.3(i)(a)&(b),
coordination and and dovetail statutory bodies with integrated with
1.4.1(i)(b),(c)&(e)
Indigenous
collaboration existing community structures 2.1.2(ii)(h)&(f),
governance 2.2.1(iv)(n),
between relevant
practices 2.3.1(iI)
environmental
h) Develop EFCCC as a resources and EFCCC fulfils its Links to Aims
actors 1.4.1(i)(c),
oversight Body mandate of
2.1.2(i)(i)
ensuring
2.1.3(i)(a),
coordination and
2.2.1(ii)(e),
collaboration to 2.2.2(i)(d),
achieve 2.3.1(iv)(t),
environmental 2.3.2(i)(d)
protection 2.3.2(iii)(m)

i) Establish environmental Public can bring Links to Aims

environmental 1.1.1(i)(d)&(e),
stakeholders’ forums with regular
1.2.2(I)(e),
meetings, defined reporting concerns to one
1.4.1(i)(f),
point. Procedure
mechanism and co-ordination 1.4.3(i)(b),
for how to 2.1.3(i)(g)
through the EFCCC
process concerns 2.2.1(ii)(f),
j) Develop clear environmental or complaints is Links to Aims
clear. Concerned 3.1.3(ii)(d)
complaint procedures
parties are aware
of how to access
remedies

131
iii) Horizontal k) Establish explicit goals and outcomes - EFCCC Institutions Links to Aims
collaborate on 1.3.3(i)(d),
Coordination for cooperation - ERCs
1.4.1(i)(a),
- Regional EPAs cross-cutting
2.1.1(i)(c),
- Regional issues to ensure
2.1.1(iii)(n),
authorities effective 2.2.2(ii)(e),(g),(h)&(i),
- Line ministries monitoring and 2.3.2(i)(e)
l) Clearly delineate overall enforcement for Links to Aims
- Regional
responsibility for management of sustainable 1.3.1(i)(a),(b)&(c),
sectoral 1.3.1(iii)(f)&(g),
environmental
activities 1.3.2(i)(f),
outcomes.

132
 authorities Duplication and 1.3.3(i)(c),
resource wastage 2.1.2(ii)(f),
is avoided. 2.2.2(i)(d),
Existing capacities 2.3.1(ii)
m) Ensure all parties are Links to Aims
are leveraged for
1.3.1(ii)(d)&(e),
empowered to take relevant action improved
1.3.2(i)(i),
outcomes. 2.2.1(i)(b),
2.3.1(i)(e)
n) Ensure parties have comparable levels Links to Aims
1.4.1(i)(b)
of responsibility
o) Ensure communication lines Links to Aim
2.1.3(i)(g),
between environmental agencies
2.3.2(ii)(f)
and sector-specific Ministries
p) Identify linkages and manner of Links to Aims
1.1.1(i)(h),
coordination (inter-ministerial and
1.3.1(iii)(f)&(g),
inter-level working groups/ 1.4.1(i)(a),
coordinating councils/task forces) 2.1.2(ii)((h),
2.2.1(iv)(n),
2.3.1(i)(f)
3.1.1(ii)(i)
iv) Vertical Coordination q) Establish explicit goals and outcomes - EFCCC Institutions Links to Aims
collaborate on 1.2.3(i)(g), 1.3.3(i)(d),
of cooperation - ERCs
cross-cutting 2.1.1(i)(c),
- Regional EPAs 2.1.1(iii)(n),
issues to ensure
effective 2.2.2(ii)(g),(h)&(i)
r) Designate EFCCC regional support monitoring and Links to Aims
enforcement for 1.4.1(i)(b),
focal points
2.3.2(ii)(f)

133
 s) Clearly delineate overall sustainable Links to Aims
environmental 1.3.1(iii)(f)&(g),
responsibility for management of
outcomes. 1.3.3(i)(c), 1.4.1(i)(a),
activities 2.1.1(v)(u),
Duplication and
resource wastage 2.1.2(ii)(f),
is avoided. 2.2.2(i)(d),
2.3.1(i)(c),
Existing capacities
3.1.1(ii)(i),

t) Develop oversight and coordination are leveraged for Links to Aims

improved 1.2.1(i)(h),
function of the EFCCC
1.3.2(i)(f),
outcomes.
2.1.3(i)(a),
Information
2.2.2(i)(d),
resources are 2.3.1(ii)(h)
u) Ensure communication lines shared Links to Aims
1.4.1(i)(c),
between environmental agencies
2.2.1(iv)(n),
and sector-specific Ministries 2.3.2(i)(e),
2.3.2(ii)(f)
v) Establish regular staff v) Determine clear and specific skill sets - EFCCC Position Links to Aims
outcomes are 1.1.1(i)(l),
training programmes for each position (ensures clear - ERCs
2.2.1(iii)(h)
and standards responsibilities and expectations) - Regional EPAs objectively
- CSUs determinable and
w) Develop secondment programmes performance Links to Aims
- Universities
measurable. 1.1.1(i)(i)&(j)
for staff

134
 x) Provide training on latest Institutional Links to Aims
environmental developments and capacity and 1.1.1(i)(f),(g)&(j)
1.4.2(i)(b),
specializations (subject to fixed expertise are
2.2.1(iii)(i),
period commitments) appropriate and
3.1.2(i)(c)&(e),
improved where 3.2.2(i)(a),(b)&(e)
necessary. Human
resource capacity
is up to date and
responsive.
Aim 2.3.2: Information sh aring platforms and efficient lines of communication are established
i) EFCCC is established a) Information, regulations, standards - EFCCC EFCCC fulfils its Links to Aims
mandate of 1.1.1(i)(h),
as the key and expert resources are managed - Regional EPAs
1.3.3(i)(d),
environmental and accessible - ERCs coordinating body
2.1.1(iii)(j),
- MoIT for the realization
resource institute 2.3.2(ii)(g),
of environmental 3.1.1(ii)(f),(g)&(h),
rights and policy 3.1.3(i)(b)&(c)
b) Research is made available objectives. Links to Aims
1.1.1(i)(e)&(m),
3.1.1(ii)(f)&(g)
c) Processes impacting on the Links to Aims
1.3.2(i)(g),
environment are co-ordinated
2.2.2(i)(d),
2.2.2(ii)(i)
d) External environmental expertise are Links to Aims
1.1.1(i)(f)&(i),
co-ordinated and utilized
2.1.4(iii)(r),
2.3.1(ii)(h),
2.3.2(iii)(l)&(m)

135
 e) EFCCC Environmental desks/ focal Links to Aims
1.3.1(iii)(g),
points are established at REAs to
1.4.1(i)(b)&(c),
facilitate communication and 2.1.1(v)(u),
coordination 2.1.2(ii)(g)
2.2.2(i)(d),
2.3.1(i)(f),
2.3.1(ii)(g)
2.3.1(iii)(k),
2.3.1(iv)(u)
ii) Establish Institutional f) Designate counterpart focal points at - EFCCC Clearly identified Links to Aims
communication - ERCs communication 1.3.2(i)(g),
both vertical and horizontal partner
1.3.3(i)(d),
mechanisms institutions - Regional EPAs links and
2.1.2(ii)(g)&(h),
- Line ministries information
(information allows for 2.2.1(iv)(n),
- Sectoral sharing pathways 2.3.1(iii)(o),
the determination of
regulatory exist 2.3.1(iv)(r)&(u)
risks, how to focus
g) Determine what information should Information is Links to Aims
resources, verification authorities
managed and 2.1.1(iii)(m),
of compliance, and the be collected, who should collect it, - Development
shared for 2.1.4(i)(f),
evidence necessary to how it should be managed, and partners 2.1.1(iv)(t),
effective
prove non-compliance how it should be shared117 environmental 2.1.2(ii)(h)
in court) protection and 2.3.2(ii)(g)
enforcement. 3.1.3(i)(b)
h) Develop data and information - EFCCC Collected data is Links to Aims
1.1.1(i)(e),(f)&(h),
management systems and - ERCs reliable and
1.3.3(i)(e),
guidelines (bad data and - Regional 1.4.2(i)(b)&(c),

117
Centralized environmental data collection, management and accessibility is an important tool for environmental monitoring and enforcement. The coordination of
collected information is vital for numerous components of an effective environmental law enforcement programme.

136
 information can result in poor EPAS verifiable. 2.1.4(i)(f),
- MoIT 2.3.2(iii)(l)&(m)
regulations)
3.1.1(ii)(h),(l),(o)&(p)
- MoSHE
i) Ensure standardised data collection, Links to Aims
1.1.1(i)(l),
uniform data reporting forms,
1.1.2(i)(b),
formats, and methods 1.1.4(i)(f)&(g),
1.4.2(i)(d),
1.4.3(i)(a)&(d),
2.1.1(i)(e),
2.1.4(i)(b)&(e)
j) Ensure data is verifiable and collection Links to Aims
circumstances carefully 1.1.2(i)(c),
1.2.1(i)(d),
documented 1.4.3(i)(a)&(d)
2.1.1(i)(e),
2.2.1(ii)(d)
k) Ensure data and information Links to Aims
2.1.4(i)(b),
transparency by making all general
2.1.3(i)(g),
data and regulatory framework 2.2.1(ii)(f)
available online 3.1.1(ii), 3.1.3(i),
3.2.3(i)(a)
iii) Non-governmental l) All relevant organisations and projects - EFCCC Projects are Links to Aims
coordinated and 1.4.1(i)(a),
Organisations and engaged in sector specific projects - Regional EPAs
project 2.2.1(iii)(g),
Development or cross-cutting activities are - Development 2.3.2(i)(d),
duplication/
Partner projects identified Partners 2.3.2(ii)(h)
overlap avoided.
engaged in each m) Ongoing projects analysed and Existing project Links to Aims
resources are 1.1.1(i)(i),
sector are identified potential contributions to
leveraged and 2.1.1(iii)(k),
and environmental programme objectives identified. 2.1.4(iii)(r),
integrated into
impact of activities 2.2.1(iii)(g)
sustainable
maximised 2.3.1(ii)(h)
structures
2.3.2(i)(d)
2.3.2(ii)(h)

137
138
 PILLAR 3
CITIZEN AND CIVIL SOCIETY ENGAGEMENT

8.1 ACCESS TO INFORMATION AND EFFECTIVE PUBLIC COMMUNICATION

Aim 1: Information is disseminated and accessibility ensured

Aim 2: Institutional procedures and responses to access to information requests are improved.
Aim 3: Up-to-date website and public communication links are developed and maintained.

Public compliance and environmental law enforcement can be significantly improved by simply making
relevant information available to the public. With improved access to information, the general public
can contribute towards the monitoring of environmental issues and participate in environmental law
enforcement more effectively. In addition, increased citizen-led accountability and compliance,
facilitated by freely available information, has the potential to ensure a more consistent enforcement
of environmental laws, more informed and effective public participation, and improved environmental
rule of law.

Access to information, together with public participation and access to justice, forms one of the three
components crucial to environmental rule of law. By empowering stakeholders to understand
environmental threats, what is required by environmental laws, and to determine for themselves
whether their involvement is necessary; environmental degradation can be avoided, polluters can be
held accountable, the costs of enforcement reduced, and the space for potential corruption narrowed.
Access to information also has the potential to improve the quality of public participation and thus
reinforce the contribution citizens can make to environmental protection.

8.1.1 CONTEXT AND TARGETS:

Access to information can be divided into two main forms. Firstly, it can be active with government
making information available on its own initiative. Secondly, it can be passive with interested
individuals making requests for information and relevant institutions responding to such requests.
Access to information is most effective when legal provisions and institutional strategies facilitate both
forms of information access.

139
Currently Ethiopia is ranked overall as fiftieth out of a total of seventy countries for on the
Environmental Democracy Index (EDI) 118 and received a ranking of sixty-one out of seventy, and a
categorisation of “poor” for transparency and access to information. This ranking was made on the
basis of an assessment of federal level environmental laws measured against the Bali Guidelines and
numerous EDI indicators. Some of the highlighted reasons for the poor Ethiopian performance was the
lack of overarching access to information legislation; silence on ensuring affordability and timely access
procedures; failure to make the data on major cities’ air and drinking water quality available; no
requirement to place environmental information influencing human health within the public domain;
no requirements for the severability of sensitive information; no mandate to monitor and regularly
update information on industry emissions; no legislative details or practice of producing a state of the
environment report; and the absence of legal requirements for early warning systems.119 In the light
of this assessment there is a clear need for enhanced legal and procedural mechanisms to improve the
current level of transparency and availability of information concerning environmental matters.

Through its recognition of a broad right to information and protection of the right to seek, receive and
impart information of all kinds, including the right to access information in the public interest; the
Ethiopian Constitution provides sufficient room for the necessary transparency and access to
information legislation to be developed.120 While the Constitution does not specifically require the
proactive dissemination of information,121 the Environmental Policy of Ethiopia contains numerous
provisions intended to ensure the regular and accurate assessment of environmental conditions and
the subsequent dissemination of such information to the general public,122 as well as, the need to
foster understanding through the provision of information, 123 and the right to be informed about
environmental issues and have such information made available.132

To achieve the EEP objectives and implement the Constitutional vision of accessible information,
legislative developments to ensure both active and passive access to information is facilitated are
therefore necessary. In addition to enabling legislation, it is important that environmental standards
become mainstreamed and the EFCCC must therefore take steps to pro-actively disseminate such
information to the general public. Environmental information will inform citizens of what is required,
encourage public participation in non-compliance detection, act as a deterrent for future violations,
and motivate and facilitate compliance. While efforts will need to be made to ensure proactive access
to information takes place across various media, the development and maintenance of an upto-date
EFCCC website will be a valuable tool for both providing information and interacting with the general
public. It is also envisaged that eventually identified industries will be able to submit data, the general
public report environmental violations, and access to information requests be made through the
website.

118
http://environmentaldemocracyindex.org/rank-countries#all accessed on 04 December 2019.
119
Environmental Democracy Index Full Result Data -
http://environmentaldemocracyindex.org/about/resources
120
Article 29(2) of the Constitution of the Federal Democratic Republic of Ethiopia, Proclamation 1 of 1995.
121
Article 29(6) allows for the limitation of the right of access to information through laws and in order to
protect the well-being of the youth or individual honour and reputation. Limitations are to be guided on the
principle that freedom of expression and information cannot be limited on account of content.
122
Ethiopian Environmental Policy, 1997, 2.3 (m) Key Guiding Principles.
123
Ethiopian Environmental Policy, 1997, 3.8(j) & (q) Control of Hazardous Materials and Pollution from
Industrial Waste. 132
Ethiopian Environmental Policy, 1997, 4.7 (e), (f) & (g) Environmental Information System.

140
Information published on the website will eventually include:
- Environmental laws, regulations, directives and treaties (ensure they are up-to-date)
- Environmental decisions and cases
- Annual State of the Environment Reports124
- EIA information and application details
- Industry and sector standards
- Industry data125
- Sector and Facility rankings
- Inspection guidelines and procedures
- Enforcement actions taken and outcomes
- Access to information guidelines
- Contact details and focal points of relevant departments
- Industry data submission porthole
- Access to information request porthole
- Hotline or violation reporting porthole

Further, the EFCCC will be guided by the following principles when ensuring access to environmental
information:
- Information provided will be accurate, complete and reflect unbiased information
- Broad access to information will be ensured (regardless of legal interests)
- Clear and realistic timeframes for responses will be established and maintained
- Accessibility will be ensured through considerations of affordability, language, format
- Confidential and personal information will be protected
- The principle of severability will be applied
- Clear grounds for refusal will be established
- Reasons for refusals will be provided
- Clear consequences for non-compliance will exist

124
Section 6(16) of the Environmental Protection Organs Establishment Proclamation 295 of 2002 require the
preparation and publication of such a report.
125
By making emissions data, permits, environmental audits etc. available, the public, civil society, business and
the government can track pollution and hold those who act illegally accountable.

141
Target 1: Enabling access to information legislation is developed in accordance with international
standards (Rio Principle 10; Bali Guidelines; Aarhus Convention and AU model laws)
Target 2: Clear mechanisms and procedures for accessing information exist
Target 3: Accurate, complete and unbiased information is actively and passively available
Target 4: Improved citizen awareness and understanding of environmental issues exists
Target 5: An increasingly engaged and empowered citizenry and civil society
Target 6: Increased citizen driven accountability and mainstreaming of environmental standards and
laws.

142
8.1.2 Access to Information and Effective Public Communication Action Plan:
Key activity Secondary Activities Timeframes Responsible Output/ Overlaps/
2020 2023 2025 2028 Bodies Indicator Links
A im 3.1.1: Information dis seminated, and accessibility
ensured
i) Develop z) Draft necessary legislation, - EFCCC Clear Links to Aims
legislative 1.3.2(i)(k),
overarching access regulations and directives - Regional
framework 1.4.1(e),
to information EPAs
and 2.1.3(i)(f)
legislation - ERCs Links to Aims
aa) Establish clear request institutional
- Attorney mechanisms 1.3.1(iii)(f),
procedures and
General to facilitate
1.4.1(i)(b)
responsibilities
- Regional both active
bb) Establish clear Links to Aims
Justice and passive 1.3.2(k),
consequences for failures to
Bureaus - Civil access to 1.4.1(i)(d),
make information
society information 1.2.2
available
exist
cc) Establish clear grounds for
refusal and severability
dd) Establish clear appeal,
review and enforcement
procedures.
ii) Ensure all relevant ee) Publish and ensure Interested Links to Aims
environmental parties and 1.1.2(i)(e),
availability of all current
1.1.3(i)(d)&(e),
information and environmental laws, the general
1.3.1(i),(ii),(iii),
resources are regulations, directives and public can
1.3.3(i)(e),
made available easily access 1.4.1(i)(e),
treaties
(active information 1.4.2(i)(e),
ff) Ensure all published
dissemination) relevant to 2.1.1(ii)(h),
environmental laws, Ethiopia’s 2.3.2(i)(a)&(b),
2.3.2(ii)(h)

143
 regulations, directives and environmental 3.1.3(i)(c)
treaties are kept up-to-date protection.

gg) Publish and ensure the

availability of all current
standards, enforcement
protocols, procedural

144
135

145
 guidelines and compliance Relevant
manuals135 officials are
easily
hh) Publish and ensure correctness identifiable and Links to Aims
contactable. 2.1.2(ii)(g),
of EFCCC and Regional EPA’s
Expected 2.3.1(iii)(p),
institutional structure, information 2.3.1(iv)(s)
standards and
officers, sectoral contacts, and environmental
contact information. performance is
ii) Publish details of enforcement easily Links to Aims
determined and 2.1.1(ii)(l),
actions taken and the outcomes.
2.1.1(iv)(q),
verified.
2.1.4(ii)(n),
Citizens can
2.2.1(ii)(f),
play a greater 2.2.2(ii)(f)
role in Links to Aims
jj) Publish details and findings of
environmental 1.2.1(i)(c),
environmental tribunals, courts or compliance 1.3.2(i)(c),
review panels monitoring and 2.1.4(ii)(n),
are empowered 2.2.1(ii)(f)
kk) Publish information on to take proactive Links to Aims
steps towards 1.3.2(i)(h),
regulated communities’
environmental 2.1.1(i)(f)
environmental performance. 2.1.1(iv)(q),
rule of law.
2.1.2(i)(a),
2.1.3(i)(f),
2.1.4(ii)(n),
2.2.1(ii)(f),
2.2.2(ii)(i),
2.3.2(i)(h)
ll) Publish information on industry Links to Aims
2.1.1(i)(f),
environmental rankings and
2.1.2(i)(a),
certifications 2.1.4(ii)(n),
2.1.4(iii)(s),
2.2.1(ii)(f),
3.2.3(i)(h)
A clear system for determining and designating which documents are official or confidential must be put in place.

146
 mm) Publish information on EIA Links to Aims
1.3.3(i)(e)&(h)
applications, natural resource
concessions granted and
environmental audit outcomes.
nn) Publish reports on the annual Links to Aims
1.3.2(i)(h),
Ethiopian state of the environment
1.3.3(i)(e),
and regional state of the 2.1.1(v)(u)&(v),
environment. 2.3.2(ii)(h)
oo) Publish and ensure availability Links to Aims
of up to date emission data for major 1.3.2(i)(h),
1.3.3(i)(e),
cities and regions
2.1.1(i)(f),
2.3.2(ii)(h)&(k)

A im 3.1.2: Institutional pr ocedures and responses to access to inform ation re quests are impr oved
i) Ensure efficient and a) Develop clear processes, guidelines - EFCCC A clear, Links to Aims
consistent and 1.3.1(iii)(f),
substantive responses and forms for making access to - ERCs
objective 1.4.1(i)(b),
to access to information requests - Regional EPAs 1.4.2(i)(a)
process to deal
information requests b) Develop clear internal processes and - Sectoral with access to
guidelines for responding to access regulatory information
to information requests authorities requests is in
- CSUs place. Links to Aims
c) Appoint and train information
- Civil society Transparent 1.1.1,
officers or focal points responsible
appeal and 1.1.4(i)(d)&(f),
for processing access to review 1.4.2(i)(a)&(b),
information requests mechanisms are 2.3.1(v)(x)
d) Establish appeal process in place. Links to Aims
1.1.4, 1.2.1,
mechanisms and guidelines Officials are
1.4.1(i)(b)

147
 e) Develop institutional understanding aware of the Links to Aims
importance of 1.1.1, 1.1.3, 1.1.4,
and awareness of the need for
1.4.1(i)(e),
transparency and access to transparency
1.4.2(i)(b),
and easily
2.3.1(v)(x),
accessible
information for

148
 information environmental 3.2.3(i)&(ii)
protection and
enforcement.
A im 3.1.3: Up-to-date web site and public communication links are developed and
maintained
i) Develop interactive a) Designate relevant officials - EFCCC Proactive access Links to Aims
EFCCC website to information 1.3.2(i)(e),
responsible for maintaining a - ERCs
is facilitated. 1.4.1(i)(d),
functional and updated website. - Regional EPAs 2.3.2(ii)(k)
General public,
- MoIT
b) Designate relevant officials for research Links to Aims
- Development
facilities and 1.4.1(i)(d),
curating website information Partners government 1.4.2(i)(e),
(gather information, co-ordinate, 2.3.2(i)(a),
officials are
process and update website easily able to 2.3.2(ii)(g)
information. obtain relevant
environmental
c) Develop facilities for internet based Links to Aims
information. 1.1.1(i)(h),
reporting of information, Information can 1.2.1(i)(g)&(h),
institutional linking, and internal be quickly and 1.3.2(i)(e),(f),(g)&
information management and efficiently (k), 1.4.1(i)(c),
processing. managed and 2.1.1(i)(f),
shared. 2.1.2(i)(b),
2.1.3(i)(c),
2.1.4(i)(f),
2.1.4(ii)(n),
2.1.4(iii)(s),
3.1.1(ii)
ii) Establish a public d) Designate an official environmental - EFCCC Extended Links to Aims
environmental 1.3.2(i)(e),
reporting, enquires complaint or reporting hotline. - Regional EPAS
monitoring and 1.4.1(i)(d),
and complaint hotline - ERCs 2.2.1(ii)(f),
- General Public 2.3.1(ii)(j)

149
 e) Designate officials responsible for - Civil society reporting. Links to Aim
Public 1.4.1(i)(d),
providing information or following
engagement 2.2.1(ii)(f)
up on environmental complaints.
regarding
environmental

f) Raise public awareness of the issues. Links to Aims

Availability of 1.1.3(i)(d)&(e),
environmental complaint and
solutions for 1.3.2(i)(e),
reporting hotline and what issues 1.4.1(i)(e),
environmental
could be raised. 1.4.3(i)(c),
violations or 2.1.4(ii)(l),
complaints. 2.2.2(ii)(i),
3.2.3(i)&(ii)

150
8.2 PUBLIC PARTICIPATION AND PUBLIC AWARENESS

Aim 1: Legislation, regulations and guidelines for meaningful public participation is developed.
Aim 2: Institutional capacity and methods of facilitating meaningful public participation are
developed.
Aim 3: Awareness and capacity of local communities, general public and civil society to engage
on environmental concerns is developed

The meaningful participation of the public and civil society in environmental decision making can
substantially improve the quality and legitimacy of the final decisions reached. Public participation has
the potential to improve citizen awareness, ensure various citizen interests and local contexts are
adequately reflected, and enhance institutional accountability and transparency. Public participation
is important for the enforcement of environmental law as it builds public support for and awareness
of laws, improves overall compliance, and engages citizens as allies in the monitoring and reporting of
illegal behaviours. As such, public participation, together with access to information and effective
access to justice, is recognised in Rio Principle 10 as one of three core components for sound
environmental governance.

By engaging civil society and the public at an early stage in the decision making process, the quality of
the final decisions is improved by bringing to light different perspectives, assisting to avoid conflicts
and build social cohesion, improving the quality of available information and the knowledge base, and
facilitating the development of innovative and integrated solutions. Early stage public participation
makes it more likely public concerns will surface early and can be dealt with before private or
government resources have been invested. In addition, public participation can be a valuable tool for
identifying risks, necessary interventions and potential gaps within various planning and legislative
processes.

For these reasons, it is important meaningful public participation should seek feedback on both
proposed and ongoing projects and go beyond simply presenting options. The process should be
treated as a consensus seeking exercise through which a two-way conversation can take place. For
public participation to be meaningful it should take place on the basis of prior notice, with information
relevant to the discussions made available prior to engagement, and ample opportunity for interested
parties to express their opinions.

8.2.1 CONTEXT AND TARGETS:

Ethiopia has been given a ranking of “good” on the Environmental Democracy Index for the inclusion
of public participation requirements in its legislative documents. Overall it is ranked thirteen out of
seventy on public participation.126 The Constitution provides for the full consultation and expression
of views by people in the planning and implementation of environmental policies and projects that
affect them directly127 and requires that the government promote the participation of the people in

126
http://environmentaldemocracyindex.org/rank-countries#all accessed on 04 December 2019
127
Article 92(3) of the Constitution of the Federal Democratic Republic of Ethiopia, Proclamation 1 of 1995.

151
the formulation of national development policies and programmes. 128 Further, the Ethiopian
Environmental Policy contains numerous sections intended to advance the empowerment and
participation of the people and their organisations at all levels in environmental management
activities.129 The EEP provides for the full participation of women in environmental decision making,
resource ownership and management; 130 the development of effective methods of popular
participation in the planning and implementation of environmental law, resource use, and the
management of projects and programmes; the development of legislation, training and financial
support to empower local communities to ensure genuine grassroots decisions in resources and
environmental management;131 and to provide a legislative framework to encourage participation by
the peoples of Ethiopia in the development of federal and regional policies, laws and plans for the
sustainable use of the environment. 132 The Proclamation for the Establishment of Environmental
Protection Organs also establishes the duty of the EFCCC to prepare, review and update environmental
policies, strategies and laws in consultation with the general public.133

There are thus compelling grounds for the development of the legislative, procedural, and institutional
mechanisms necessary to realise the ambitions of both the Constitution and the EPP. Unfortunately,
this has not yet taken place and the EDI practical implementation score, indicating negative or limited
results for each practical implementation indicator, is reflective of this. Several gaps in the meaningful
facilitation of public participation within the Ethiopian environmental context have been identified,
namely the opportunity for early stage public participation in the decision making process; the
proactive and timely provision of understandable information to the public; the availability of EIA
reports, extractive industry licenses and forestry contracts; information on permit violators for waste
water and emissions; comprehensive legislative obligations to engage with public comments and
views; and public participation in reviews of previous decisions when new impacts become apparent.
In addition, the underuse of strong local institutions 134 with the potential for addressing various
aspects of environmental management and related issues has been highlighted.135 136

In the light of these gaps, public participation legislation, regulations and guidelines will be developed
according to the following principles:
• Early involvement of the public
• Broad consultation of all interested and affected parties
• Differing rights and interests will be taken into account

128
Article 89(6) of the Constitution of the Federal Democratic Republic of Ethiopia, Proclamation 1 of 1995.
129
Ethiopian Environmental Policy, 1997, 2.2 (h) Specific Policy Objectives.
130
Ethiopian Environmental Policy, 1997, 4.1 (e) Population and the Environment.
131
Ethiopian Environmental Policy, 1997, 4.2 (c) & (d) Community Participation and the Environment.
132
Ethiopian Environmental Policy, 1997, 5.2 (a) Legislative Framework.
133
Section 6(2) of Environmental Protection Organs Establishment Proclamation 295/2002.
134
The Goada traditional authority amongst the Borena people; Kobo traditional forest management rights in
the SNNPR; the Gered herding and grazing arrangements of the Afar pastoralists and the Tigrayan farmers; the
traditional grassland management practices of the Agaw people are some examples.
135
Danyo, Stephen; Abate, Asferachew; Bekhechi, Mohammed; Köhlin, Gunnar; Medhin, Haileselassie;
Mekonnen, Alemu; Fentie, Amare; Ginbo, Tsegaye; Negede, Betelhem; Tesfaye, Haleluya and Wikman, Anna.
136
. Realizing Ethiopia’s Green Transformation: Country Environmental Analysis, Environment and Natural
Resources Global Practice. Washington, DC: World Bank

152
 • Clear timeframes and procedures established
• Flexible methods to inform and provide relevant information will be used (letters, phone calls,
meetings with local citizens and citizens groups, distribution of information kits, non-technical
summary documents in local languages, newsletters, press releases, radio shows, public
displays, text messages etc.)
• Local communities and civil society will be capacitated to participate meaningfully (Determine
local representatives; Community paralegals; Explanations on process; Management of
expectations)
• Accessibility will be considered (Understandable information; Clear meeting schedules and
identified locations; Understandable project descriptions; Clear purpose and expected
outcomes)
• Flexible and appropriate methods of consultation will be utilized (Single meeting; Working
groups; Ongoing forums; Oral or written comments; Public consultations; Onsite consultations)
• Consultations will be reflective of political, social, cultural and institutional context of proposed
project or decision
• Careful documentation of comments, feedback and outcomes
• Meaningful consideration of citizen feedback
• Regular updates on developments and significant changes
• Project proponents will contribute towards the costs of public participation
• Citizen participation in information gathering etc (citizen science for species monitoring, illegal
logging, poaching, air quality)137

Public participation will be facilitated on the:

- Development of laws, regulations, policies, and programmes
- Awarding of concessions
- Review of permits and licenses
- Environmental Impact Assessments
- Compliance monitoring and reporting

Target 1: Citizens are given the opportunity to participate, engage and express their opinions on
environmental matters.
Target 2: Meaningful, early stage public participation is facilitated.
Target 3: Citizens are provided with adequate information and empowered to participate meaningfully
in environmental matters.

137
Not only does this assist with monitoring and data collection it can encourage citizen engagement and
develop partnerships. It cannot substitute for official data collection for more formal processes such as court
proceedings etc.

153
Target 4: Citizen feedback is considered and incorporated into the decision making process.
Target 5: Public Participation is locally, and culturally relevant and community structures are
incorporated into engagement processes.
Target 6: Public awareness of environmental issues is improved.

154
8.2.2 Public Participation and Public Awareness Action Plan:
Key activity Secondary Activities Timeframes Responsible Output/ Overlaps/ Links
2020 2023 2025 2028 Bodies Indicator
A im 3.2.1: Legislation, reg ulations and guidelines for meaningful public participation i s developed
i) Develop overarching a) Draft necessary legislation, - EFCCC General public is Links to Aims
able to 1.3.2(i)(j),
public participation regulations and directives - Regional
meaningfully 1.3.3(i)(a),
legislation EPAs
participate in 1.4.1(e)
- ERCs Links to Aims
b) Establish clear procedures and environmental
- Regional decisions and 1.3.1(iii)(f),
responsibilities
Justice legislative 1.4.1(i)(b)
Bureaus developments.
c) Establish clear consequences for Links to Aims
- Attorney Relevant and
1.2.1, 1.3.2(i)(j),
failures to facilitate public contextualized
General 1.4.1(i)(d)
participation approaches are
d) Develop multiple tools and adopted.
Oversights or
methods of notifying and informing
errors are
the public detected at an
e) Establish clear complaint and early stage.
remedial procedures Environmental
actions gain
legitimacy
A im 3.2.2: Institutional ca pacity and methods of facilitating meaningful public partici pation ar e develo ped
i) Establish institutional a) Appoint and train dedicated public - EFCCC Meaningful public Links to Aims
participation 1.1.1, 1.2.3,
mechanisms and participation facilitation staff - Regional
1.3.1(ii)(g),
procedures to EPAs takes place
1.3.2(i)(e),
- ERCs concerning
2.3.1(v)(x)

155
facilitate public b) Implement training programmes - Regional environmental Links to Aims
Justice issues. Expert 1.1.4(i)(d)&(f),
participation for the facilitation of public
1.2.3(i)(b),
participation Bureaus public
1.4.1(i)(b),
- Attorney participation
1.4.2(i)(a)&(b),
General facilitators ensure 2.3.1(v)(x)
circumstance
c) Develop detailed implementation appropriate Links to Aims
participation 1.1.1, 1.4.3(i)(b)
guidelines and protocols for
different public participation takes place.
Procedures and
objectives
circumstances for
d) Develop guidelines and procedures Links to Aim
public 1.4.3(i)(b), 1.3.2,
for the management of public
participation are 2.1.3(i)(c),
participation feedback and clear and 3.1.3(i)(b)
integration into decision making objectively
process determinable.
Develop institutional e) Provide institutional training on the Importance and Links to Aim
benefits of public 1.1.1, 1.1.2, 1.1.4,
awareness and reasons and benefits of public
1.2.1, 1.4.1(i)(b),
capacity on the participation Participation is
2.3.1(v)(x)
importance and clearly
f) Establish environmental law
understood
benefits of public research and development institute
participation accountable to the commission
g) Develop institutional culture Links to Aims
1.1.1, 1.1.3, 1.1.4,
and awareness of the need for
1.4.1(i)(e),
public participation 1.4.2(i)(b),
3.2.3(i)&(ii)
h) Develop community outreach Links to Aim
1.1.1, 1.1.3,
procedures and mechanisms

156
 i) Capacitate and facilitate civil society 1.2.3(i)(a),
1.4.1(i)(b),(d)&(e),
to participate meaningfully
1.4.3(i)(b)&(e),
2.1.1(ii)(j),
3.2.3(ii)
A im 3.2.3: Awareness and capacity of local communities, general public and civil society to en gage on environmental concerns is developed
i) Broad environmental a) Develop strategic awareness - EFCCC Public is aware of Links to Aims
environmental 1.1.1, 1.1.3(i)(d),
awareness creation packages to establish - Regional
1.2. 1(i)(e)&(g),
programmes are broad public environmental EPAs consequences
1.3. 2(i)(e),
- ERCs and how to
developed awareness 1.4.1(i)(e),
- Universities access remedies. 1.4. 2(i)(e),
b) Develop strategic awareness
Ground-up 1.4.3(i)(b),
creation packages targeting specific - Regional

157
 environmental issues. authorities accountability for 2.1.1(i)(f),
- MoWCY environmental 2.1.1(ii)(k),
harms exists. 2.1.1(iv)(q),
- MoSHE 2.1.2(i)(c)&(e),
Extended
- MoE environmental 2.1.4(ii)(n),
- Civil society monitoring and 2.1.4(iii)(s),
- Religious enforcement 2.2.1(ii)(f),
2.3.2(ii)(k)
organisations capacity. Public is
c) Publicise risks of ongoing pollution Links to Aims
- Private sector engaged in
1.2.3(i)(a)&(b),
and the consequences of environmental 1.4.1(i)(e),
noncompliance protection 1.4.3(i)(c),
activities. Those 2.1.1(ii)(k),
most vulnerable 2.1.1(iv)(q),
to the effects of 2.1.2(i)(c)&(d),
2.1.4(ii)(m),
environmental
2.2.1(ii)(f),
degradation are 2.2.2(ii)(i)
empowered. Links to Aim
d) Encourage the development of local
1.1.2(i)(d)
environmental awareness
associations
e) Facilitate and encourage the support Links to Aims
1.2.3(i)(a)&(b),
and involvement of community and
1.3.2(i)(e),
religious associations and leaders. 2.2.1(ii)(f),
2.2.2(ii)(i),
3.2.3(ii)(n),
f) Actors within private and public Links to Aims
1.4.1(i)(e),
sectors with significant
1.4.3(1)(b),
environmental impacts are identified 2.1.1(i)(a)&(b),
and targeted for environmental 2.1.1(iv)(q),
sensitisation 2.1.2(i)(a)

158
 g) Develop strategic awareness and Links to Aims
1.1.2(i)(a),
inclusion packages for women, youth
1.1.3(i)(e),
and vulnerable groups. 1.4.2(i)(e),
2.1.2(i)(e),
2.1.4(i)(n)

h) Publicise environmental ranking and Links to Aims

2.1.1(i)(f) ,
performance of industry
2.1.1(iii)(o),
2.1.4(ii)(l)
3.1.1(ii)(m)
i) Communication strategies must take
into account communication and
geographical limitations
ii) Capacitate local j) Develop environmental education - EFCCC Public can Links to Aims
exercise their 1.1.1,
communities, the programmes - Regional
environmental 1.1.2(i)(a),(d)&(e),
general public and EPAs 2.1. 2(i)(e),
rights and fulfil
civil society to - ERCs 2.2. 1(ii)(f)
their
meaningfully engage k) Ensure the public is aware of their - Universities environmental Links to Aim
- Regional 1.1.3, 1.2.1(i)(g),
in environmental environmental rights and obligations obligations.
authorities 1.2.3, 1.3.2(I)(b),
protection and Community
2.1.4(ii)(n)
enforcement - MoSHE leaders are able
l) Ensure the public is aware of and Links to Aims
- MoE to advise and 2.2.1(ii)(f),
understands how to exercise access encourage good
- MoWCY 3.1.1(i)&(ii)
to information rights

159
 obligations, whistleblowing 3.2.3(i)(d),
3.2.2(ii)(g)&(h)
procedures, available institutional
assistance)
m) Ensure the public is aware of and - Civil society environmental Links to Aim
practices 3.2.1, 3.2.2(i)&(ii)
understands how to meaningfully - Religious
engage in public participation organisations
- Private sector
n) Develop environmental training Links to Aims
1.2.3(i)(a)&(b),
programmes for community and
3.2.3(i)(e)
religious associations and leaders
o) Ensure independent advice and Links to Aims
1.1.3(i)(e),
support is available (civil society,
1.2.3(i)(g),
ERC’s, Religious organisations, etc) 1.4.3(i)(c)
p) Engage civil society organisations in Links to Aims
1.1.3(i)(e),
environmental awareness creation
1.4.3(i)(c),
(environmental rights and 2.2.1(ii)(f),

160
9 GENDER MAINSTREAMING AND PROTECTION OF VULNERABLE GROUPS

The Federal Constitution and numerous federal level environmental laws and policies all recognise
women as key actors in natural resource use and management. These documents recognise the
importance of women not only for the enhanced protection of the environment and sustainable
utilization of natural resources but also for their heightened vulnerabilities to environmental
degradation and climate change. Women are often the ones responsible for water points and
vegetation in agro-pastoralist areas and can play an important part in the protection and management
of the environment.138 Environmental degradation and climate change, however, disproportionately
impacts on women and other vulnerable groups, such as children and the youth, and increases
poverty, workloads, greater risk exposure, and adverse health impacts.139

As such this Programme will aim to ensure that:

1. The valuable contributions women can make towards environmental protection and natural
resource conservation are recognised and utilised to achieve effective and meaningful
change; and
2. The unique vulnerabilities and risks faced by women and vulnerable groups are taken into
account and mitigation measures developed when implementing the National Environmental
Law and Development Programme.
3. Equality and equal opportunities are promoted and established across all Programme
activities.

To ensure this is achieved, all components of the Programme will be implemented according to the
following guidelines:

• Role of women and vulnerable groups at all levels of environmental policy formulation and decision
making will be increased;
• Women’s skills in advocacy and monitoring of environmental protection and natural resource
management will be fully utilized and leveraged for effective implementation;
• The needs and increased risks of women and vulnerable groups will be carefully considered and
mitigation measures fully integrated into all activities under the Programme.
• Women and vulnerable groups will be encouraged and empowered to meaningfully participate in
all Programme activities;
• Awareness of the increased risks and unique contributions to be made by women and vulnerable
groups will be raised;

138
National Action Plan for Gender Equality (NAP-GE), 2006-2010 at p8.
139
Natural disasters and climate change make the pastoral environment more precarious to make a living,
reduced fuel wood and water resources result in increased workloads as women need to spend more time
walking and looking for resources, and traditional cooking methods expose women to high levels of pollution.

161
• All environmental awareness and public education components of the Programme will include
women and vulnerable groups from all interested social, economic and cultural groups;
• Human resource capacity to integrate environmental issues and the concerns of women and
vulnerable groups will be improved;
• An open, flexible and empowering environment will be encouraged within institutional structures
and collaborative efforts;
• Gender and vulnerable group focal points will be incorporated into all activities and components
of the Programme;
• Research and data on women and vulnerable groups in environmental issues will be encouraged.

Through the incorporation of these guidelines across the Programme components and activities,
awareness of women’s and vulnerable group’s needs, as well as, the impacts and causes of gender
inequality can be addressed. Through equally shared benefits and responsibilities, and a careful
consideration of the needs, interests, priorities and perceptions of all citizens, the shared vision for
effective Ethiopian environmental protection and natural resource conservation can be achieved, with
all citizens sharing equally in the benefits and responsibilities.

10 RISKS AND MITIGATION MEASURES

There are a number of potential obstacles and risks faced for the full implementation of this
Programme. As it is a comprehensive programme, scheduled to take place over a ten year period, it
faces a numerous short-term and long-term risks. To ensure these potential obstacles do not prevent
the realisation of the overall Programme vision and goals, they must be identified and the associated
risks minimised through the development and implementation of mitigation strategies both ahead of
time and for the duration of the Programme.

In the past, Ethiopian environmental law development and enforcement capacity has persistently
been undermined by capacity limitations, staff turnover, weak institutional coordination, policy
fragmentation and financial constraints. In addition, a lack of general awareness and understanding
of the importance of environmental protection and natural resource conservation across all levels of
society, has resulted in weak political will and failures to take decisive immediate action to address
some of the most pressing environmental issues currently unfolding across the country.

This Programme seeks to address these very issues and will embark on a robust and comprehensive
effort to ensure environmental considerations are fully integrated across all priority sectors and that
the legal foundations for environmental protection are fully developed and enforced. In line with the
GTPs, a key overarching mitigation strategy to avoid unnecessary costs and logistical obstacles in the
implementation of this Programme is to maximise the utilisation of existing opportunities and
infrastructure. There are already multi-level institutional structures and arrangements in place and
numerous public programmes and projects are being implemented by the Ethiopian government and

162
its development partners. This Programme will leverage these existing resources and aim to utilise
ongoing activities and capacity to ensure the integration of environmental protection and maximum
use of existing institutional and human resources.

Through the lens of this programme the Commission will pursue its mandate of coordinating activities
to ensure that the environmental objectives of the Constitution and the principles of the
Environmental policy are realised. As such, a second overarching mitigation strategy of the
Programme will be to mobilize the Ethiopian people, through community participation, transparency,
access to justice and greater awareness of environmental issues. The need for citizen engagement and
buy in, particularly in situations of limited government resources and reach, cannot be unstated.

A third key overarching mitigation strategy will be to highlight the importance of ensuring
environmental protection and natural resource conservation for the country’s continued economic
growth. The heavy ongoing reliance of the existing economic strategies on the natural resource base
and the opportunities environmental protection and conservation can offer will be actively promoted
as part of the national agenda.

Below is a summary of the major risks identified for this Programme’s success, as well as, the planned
mitigation strategies to be implemented in conjunction with those already mentioned above.

Risk Management Plan or Measure Assessment

of Risk
Changes in Development of clear coordination and collaboration High
Institutional Structure processes and systems; Gradual build-up of capacity;
beyond the control of Appointment of focal points within substantive
EFCCC frameworks; Inbuilt flexibility; Linkages to external
educational institutions
High Staff Turn Over Partner arrangements with other government Medium
and Human Resource institutions, NGOs, Private Sector and University
Capacity Environmental Resource Centres; Training programmes;
Development of employment retention incentives; Clear
management strategies and principles
Financial Constraints Integration of design structure with administrative and Medium
financial institutions already mandated; Reinforcement
with capacity building; Reduction of programme overlap;
Leveraging of existing programmes and projects; Regular
fiduciary risk assessments and mitigation measures;
Forward Planning; Partnership development.

163
Federal and Regional Development of EFCCC and University support Medium
Level Disconnect mechanisms; Communication platform establishment;
Collaboration and cooperation linkages; Information
accessibility; Improved regional capacity; Sectoral
integration
Misalignment of Clear government vision; Use of existing country Medium
Development Partner systems; Sectoral focus; Focused government
Objectives commitment; Joint programme development;
Centralised programme approval decision making and
oversight.
Lack of Public Citizen education; Awareness raising; Access to Medium
Awareness and information; Access to justice; Grass roots mobilisation;
Engagement Improved transparency
Poor Information Coordination and collaboration agreements; Process Medium
Exchange and flow design and mechanism creation; Mandate reviews,
Management Research support; Capacity development; Technology
development.
Political will and Looking beyond immediate short term economic gains; High
Consistent Support Awareness raising; Linking to economic objectives;
Alignment with national policy and strategic directions;
Identification of strategic short term direct interventions

Rent Seeking Structured, organised and coordinated responses; Medium

Increased citizen awareness and engagement; increased
transparency and access to information; Government
commitment
Programme Inertia – Acknowledgement of need for gradual build-up of High
risk of delay or capacity; Parallel implementation activities; Clear
postponement due to outputs and timeframes; Identification of sectoral
long timeframes priorities and pressing needs; Strong monitoring and
evaluation structures; Programme flexibility; Regular
review and incremental planning; Government
commitment
Institutional Coordination and collaboration agreements; Process High
Collaboration and flow design and mechanism creation; Mandate reviews;
Cooperation Embedded focal points; Increased transparency; Clearly
defined objectives and outcomes

11 CONCLUSION

To enhance Ethiopian environmental rule of law, legislative gaps need to be addressed, mechanisms
for efficient implementation and enforcement established, mandates and scope of authority clarified,
clear strategic directions determined, and citizen engagement and awareness improved. Innovative

164
multi-sector approaches and strategies that respond to the nature of environmental pressures and
take into account the vital link between articulated policy, the law, and tangible outcomes are needed.
This Programme has taken the initial steps of identifying the main elements needed to achieve
improved national environmental outcomes through the strengthening of these links and the legal
frameworks that connect national policy ambitions to meaningful environmental outcomes.

Through a multi-pronged approach, the Programme aims to ensure a holistic systematic improvement
in the protection of the Ethiopian environment and the sustainable management of its natural
resources. By focusing on interventions to strengthen environmental legislative frameworks and
knowledge; institutional arrangements and processes; and citizen engagement and awareness, it is
envisaged that considered concurrent activities, which reinforce and enhance the impacts of each
other will be implemented and accelerated improvements in environmental outcomes achieved.

As the environmental impacts caused by human activity and the various sectoral activities of the
Ethiopian economic growth strategies are interrelated and often connected by common driving forces,
the Programme has been designed around an integrated sectoral approach. This approach will see the
development of sector specific enforcement and mitigation strategies that focus on improving sectoral
compliance and enforcement mechanisms, as well as, institutional arrangements, while also
developing cross-cutting coordination and oversight to ensure interlinked environmental impacts are
properly monitored and responded to. This approach will also require looking beyond short-term
economic benefits and technical feasibility and entrenching an understanding that for the country to
achieve its ambitious growth targets, many of which are based on the utilization of Ethiopia’s natural
resources, long-term, multi-sectoral efforts to sustainably use and protect Ethiopia’s natural resources
are needed.

Due to the broad nature of the environmental threats facing Ethiopia and the extensive response
needed to address the key driving forces of environmental degradation as quickly as possible, another
key feature of the Programme will be the use of a modular intervention approach to achieve rapid
Programme implementation. This approach will allow existing resources to be leveraged to maximise
the impact of existing project and partner activities and encourage the on-going specialised thematic
interventions of various development partners, civil society organisations and government actors. On-
going short-term, immediate and direct interventions to halt environmental degradation will continue
but efforts to ensure relevant elements of these activities are strategically co-ordinated to maximize
their long-term contributions towards establishing environmental rule of law will be made. New
projects and partner interventions will be encouraged to incorporate relevant elements of the
Programme and project activities will be scrutinised to ensure their positive contribution towards its
successful implementation.

The Programme will also focus on developing domestic environmental capacity and ensuring
sustainable environmental knowledge retention, creation, and dissemination. Through the
development and support of Environmental Resource Centres at selected regional universities, the
knowledge base for future, locally driven, environmental and natural resource protection will be
established.

165
The EFCCC through this comprehensive, government led, ten-year initiative has developed a clear
vision to improve environmental protection and natural resource conservation. By establishing
environmental rule of law through increased environmental awareness, clear legislative requirements,
improved enforcement, access to environmental justice, and community empowerment, amongst
others, Ethiopia’s long-term environmental protection and natural resource sustainability will be
enhanced. With dedicated leadership and commitment, the institutional cooperation, collaboration
and strategic coordination that is necessary can be achieved and the long-term sustainability of
Ethiopia’s environment preserved for future generations.

166
Annex 1: CURRENT DOMESTIC FEDERAL ENVIRONMENTAL LEGISLATION AND POLICIES

Environmental Federal Level Legislation, Policies & Strategies Standards Mandates Gaps
Impacts Regulations, Directives
- Federal Democratic Republic - Article 3.1 of Environmental National soil Lack of Land Use Policy
Soil Degradation of Policy of Ethiopia, 1997 quality Laws for use and
Ethiopia Rural Land - Agricultural and Rural standards, ICS conservation of land
Administration and Land Use Development Policies and (International (article 51(5) of FDRE
Proclamation 456/2005 Strategies, 2002 Classification Constitution)
- of Standards)
Food Security Strategy,
- 2002 13.080
The Conservation Strategy
- of
Ethiopia, 2005
Sustainable Land
-
Management Programme,
2008
Ethiopian Soil Information
System

167
 - Environmental Pollution - Environmental Policy of Emission EFCCC
Pollution – water Control Ethiopia, 1997 Standards of MOWIE
- Proclamation 300/2002 - Water Sector Policy, 1999 Selected
Ethiopian Water Resource - Water Sector Strategy, Industries,
Management Proclamation - 2001 2008
- 197/2000 Sanitation Strategy, 2004
Water Resource Management National
-
Regulation 115/ 2005 Water Quality
Prevention of Industrial Standards ICS
-
Pollution 13.060
Regulation 159/ 2008
-
Code of Practice of
Floriculture
Sector Regulation 207/20011
Floriculture Level Validators
Competence Certification
Directive 10/2019

- Environmental Pollution - Environmental Policy of Emission EFCCC

Control

168
Pollution – - Proclamation 300/2002 Ethiopia, 1997 Standards of MoA
Atmospheric and Forest Development, Climate Resilient Green Selected MoF
Climate Change Conservation and Utilization - Economy Strategy, 2011 Industries, CRGE Facility
- Proclamation 1065/ 2018 Climate Resilience Strategy: 2008
Forest Development, - Agriculture and Forestry,
Conservation and Utilization 2011 National
Regulation (Draft) Climate Resilience Strategy: Workplace Air
- Water and Energy Quality
Climate Resilience Strategy: Standards ICS
- Transport 13.040.01 &
National Health Adaptation 13.040.30
- Plan
National Urban
- Development
Adaptation Plan
-
Ethiopian Programme of
Adaptation to Climate
- Change, 2010
National Adaptation Plan,
- 2019
Environmental and Social
Safeguards Framework for
- CRGE initiative, 2015
Nationally Appropriate
- Mitigation Actions
- REDD+ Strategy
Nationally Determined
Contributions, 2015

169
 - Environmental Pollution - Environmental Policy of National EFCCC
Pollution – Control Ethiopia, 1997 standards ICS National
Substances - Proclamation 300/2002 13.030.30: Meteorological
Solid Waste Management Special Agency
- Proclamation 513/2007 Wastes,
Radiation Protection ICS 13.280
Proclamation 571/2008

170
 - Pesticide Registration and Radiation
Control Proclamation Protection and
- 674/2010 Safety of
Control of Ozone Layer Radiation,
Depleting Substances ICS 65.100.01
- Proclamation 716/2009 Pesticide
Hazardous Waste Sources,
Management ICS 29.02
-
and Disposal Control Electrical
Proclamation 1090/2018 Engineering in
Industrial Chemical General
-
Registration and 29.120
Administration Proclamation
Electrical
1075/2018
- Accessories,
Prevention of Industrial
29.120.50
Pollution
Fuses and
Council of Ministers
Regulation Other Over
-
159/2008 Current
Electrical and Electronic Protection
-
Waste Devices,
Management and Disposal 29.130
Council of Ministers Switchgear
Regulation and Control
425/ 2018 Gear
Lead in Paint Control 29.220.10,
Regulation Dry Cells &
429/ 2018 Voltage
Floriculture Level Validators Regulators,
Competence Certification ICS 31.080
Semiconductor

171
 Directive 10/2019 devices

172
 - Ethiopian Water Resources - 3.4 of the Environmental National
Water Hydrology Management Proclamation Policy of Ethiopia, 1997 Standards on
(wetlands & 197/2000 - Ethiopian Water Resources Water of
watersheds) - Wetlands Protection and Management Policy, 1999 Natural
Sustainable Management - Ethiopian Water Sector Resources, ICS
Proclamation (Pending) Strategy, 2001 13.060.10
- -
Council of Ministers Ethiopian Watershed Development
Water Resources Program
Management
Regulations 115/2005

173
 - Access to Genetic Resources - Article 3.3 of the EFCCC Procedure for prior
Bio-Diversity & and Environmental Policy of EBI informed consent
Invasive Alien Community Knowledge, and Ethiopia, 1997 MoA Procedure for
Species Community Rights - Biodiversity Conservation Regional & Community identity
- Proclamation and Kebele bodies and benefit sharing
482/2006 - Research Policy, 1998 Responsible Ministry
Local
Institute of Biodiversity National Biodiversity Communities Remedies (particularly
Conservation and Research - Strategy in relation to
- ECC
Establishment Proclamation and Action Plan, 2015 intellectual
Mail Service
120/1998 African Model Law on property)
Institutions
Institute of Biodiversity Community, Farmers’ and Fee Determinations
Quarantine
- Conservation and Research Plant Breeders’ Rights and Various Directives
Control
Establishment (Amendment) Access to Biological PES legal framework
Institution
Proclamation 167/ 1999 Resources
Institute of Biodiversity
- Conservation and Research
Establishment (Amendment)
Proclamation 381/2004
Access to Genetic Resources
-
and
Community Knowledge, and
Community Rights Council of
Ministers Regulation
169/2009
Ethiopian Biodiversity
Institute
Establishment Council of
Ministers Regulation
291/2013
- Plant Quarantine Council of - Article 3.3 of the Not published EFCCC Rationalize fragmented

174
Bio-Safety - Ministers Regulation 4/1992 Environmental Policy of EBI permitting system and
- Seed Proclamation 782/2013 Ethiopia, 1997 EBTC mandates
BioSafety Proclamation EBTI Establish
- 655/2009 ECC administrative system
Bio-Safety Amendment ESA for GMO transactions
- Proclamation 896/2015 FMHACA Issue Directives for
National Bio-Safety Advisory NBSAC National Bio-Safety
Committee Establishment MoA Advisory Committee
Council of Ministers MoST Issue Regulations and
-
Regulation MoTI Directives for
411/2017 Regional States Grievance
Food, Medicine and Health Hearing Committee
- Care Appoint National Bio-
Administration and Control Safety Advisory
- Council of Ministers Committee Secretariat
Regulation Establish ECC import
299/2013 permissions for Special
Ethiopian Seed Council of Permits
Ministers Regulation for Develop Public
16/1997 Participation
- Directive to Establish Major Guidelines
Contents of an Application for and system Develop
Special Permit to Engage in Access to
- information
Transactions of Modified
Organisms for Research or guidelines and
system
Teaching 04/2018
Develop institutional
Directive to Provide Risk
biosafety committees
- Assessment Parameters for
Penalty responsiveness
Modified Organisms 05/2018
and flexibility
Directive to Establish

175
 Procedures of a Risk Develop Co-operation
Management Strategy for MOUs between
Dealing with Accidents relevant
Involving Modified Organisms agencies
06/2018
Directive to Determine the
Requirements for Transport
and
Storage of Modified
Organisms

176
 07/2018
- Directive to Determine the
Content of an application for
the
Deliberate Release of
Modified
Organisms 08/2018
- Directive to Establish
Institutional Biosafety
Committees 09/2019
- Forest Development, - Environmental Policy of Forest Seeds
Deforestation Conservation and Utilization Ethiopia, 1997 Standards,
Proclamation 542/ 2007 - Climate Resilient Green National
(Repealed) Economic Strategy Standards on
- Forest Development, - Forest Development, Plant Growing,
Conservation and Utilization Conservation and ICS 65.020.20
Proclamation No. 1065/2018 Utilization
- -
Forest Development, Policy and Strategy, 2007
Conservation and Utilization National Forest Sector
- Regulation (Draft) - Development Programme,
- Forest Seed Proclamation 2016
- (Draft) - National REDD+ Strategy,
Forest Fund Proclamation 2018
(Draft) Multi-Sector Investment
Forest Business Competency Plan
Permit Directive - for Climate Resilient
Agriculture and Forest
Development, 2017
National Strategy and
-
Action Plan for the

177
 Implementation of the
Great Green Wall Initiative
in Ethiopia, 2012 National
Bamboo Strategy and
Action Plan, 2019

- Development Conservation - Article 3.3 of Environmental EFCCC Clear boundary

Wildlife and Policy of Ethiopia, 1997 EWDCA identification and
Conservation Utilization of Wildlife - Wildlife Policy and Strategy, IBCR designation of
Proclamation 541/2007 protected

178
 - Ethiopian Wildlife - 2007 areas
Development and National Biodiversity Missing Directives
Conservation Authority - Strategy and Action Plan, Legislative shortfalls
Establishment Proclamation 2005 Tourism Development PES legal framework
- 575/2008 Policy,
Wildlife Development, 2009
Conservation and Utilization
Council of Ministers
-
Regulation
163/2008
-
Awash National Park
Establishment Order 54/ 1969
Simien National Park
Establishment Order 59/1970
Driving Forces
- The Industrial Parks - Ethiopian Industrial
Industrialisation Development Corporation Development Strategic
Establishment Council of Plan,
Ministers Regulation 2013
- 326/2014
Industrial Parks Proclamation
886/2015
Sense of - Research and Conservation of National on MoCT
Ownership Cultural Heritage social
(Beneficiary Proclamation responsibility
Sharing 209/2000
Energy Needs - National Energy Policy, National
2015 standards on

179
 energy
management

Urbanisation - National Urban Policy, 2005

Environmental - Environmental Impact National PES Schemes
Impact Assessment Proclamation standards on
Assessment 299/ Environmental
- 2002 Management,
Environmental and Social
Impacts Assessment ICS 13.020.10:
Professional
Licensing Directive 03/2010
- Directive Defining Projects
Requiring EIA 01/2001
- Guidelines

180
Annex 2: MULTILATERAL ENVIRONMENTAL AGREEMENTS

Environmental Ratified Treaties Protocols Ratification and Related Mandates Gaps & Notes
Impacts Domestic Legislation
Soil Degradation - 1994 United Nations - United Nations EFCCC in cooperation
Convention to Combat Convention to Combat with concerned
Desertification in Desertification in those Government Organs,
Those Countries Countries Experiencing NGOs &
Experiencing Serious Serious Drought and-or Communities
Drought and/or Desertification, Particularly
Desertification, in Africa Ratification
Particularly in Africa Proclamation 81/1997
(UNCCD), Party 1997
Pollution – water - 1969 International - Civil Liability for Bunker Oil Ministry of Transport Adopted to
Convention on Civil Pollution Damage and Communications ensure that
Liability for Oil Convention Ratification in cooperation with adequate
Pollution Damage (CLC Proclamation 620/2009 concerned compensation
Convention), Party environmental would be
organs available where
oil pollution
damage was
caused by
maritime
casualties
involving oil
tankers (i.e.
ships that carry
oil as cargo)

181
 - CLC Protocol to the 1969 Amends the
International original CLC
Convention on Civil Convention
Liability for Oil
Pollution Damage,
Party
Pollution – - 1985 Vienna Convention
Atmospheric & for the
Climate Change Protection of the
Ozone Layer, Party
1995
- 1987 Montreal - Montreal Protocol National
Protocol on Substances Amendments Ratification Meteorological
that Deplete the Ozone Proclamation 656/2009 Agency empowered
Layer (including the to implement the
London Amendment amendments to the
(1990), the Protocols
Copenhagen
Amendment (1992), the
Montreal Amendment
(1997), the Beijing
Amendment
(1999) and Kigali
Amendment (2019)
Party 1995
- 1992 United Nations - United Nations Framework
Framework Convention on Climate
Convention on Climate Change Ratification
Change (UNFCCC), Proclamation 97/1994
Party 1997

182
 - 1997 Kyoto Protocol, - Kyoto Protocol Ratification EFCCC in cooperation
Party 2005, Proclamation 439/2005 with appropriate
amendment accepted Government Organs
2015
- 2016 Paris Agreement, - Paris Agreement EFCCC in
Party 2017 Ratification Proclamation collaboration with
993/2017 appropriate
Government Organs,
Administrations and
Institutions
Pollution – - 1989 Basel Convention - Basel Convention on the EFCCC in
Substances on the Control of Control of the cooperation with the
Transboundary Transboundary appropriate
Movements of Movements of Hazardous government organs
Hazardous Wastes and Wastes and their Disposal
Their Disposal, Party Ratification Proclamation
2000 192/2000

- 1999 Basel Protocol On - Basil Convention EFCCC in

Liability And Amendment Ratification cooperation with the
Compensation For Proclamation 356/2003 appropriate
Damage Resulting government organs
From Transboundary
Movements Of
Hazardous Wastes And
Their Disposal, Party
2003 (not yet in force)

183
 - 1991 Bamako - Bamako Convention EFCCC in Region: Africa
Convention on the ban Ratification Proclamation cooperation with the
on the Import into No. 355/2003 appropriate
Africa and the Control government organs
of Transboundary
Movement and
Management of
Hazardous Wastes
within Africa, Party
2003
- 1998 Rotterdam - Rotterdam Convention EFCCC in cooperation
Convention on the Ratification Proclamation with appropriate
Prior Informed 278/2002 Government Organs
Consent Procedure for
Certain Hazardous
Chemicals and
Pesticides in
International Trade,
Party 2004
- 2001 Stockholm - Stockholm Convention on
Convention on Persistent Organic
Persistent Organic Pollutant Ratification
Pollutants, Party 2004 Proclamation 279/2002

184
Water Hydrology - Agreement on the Nile
(wetlands & River Basin
watersheds) Cooperative
Framework, Party 2013
(Treaty not yet in force)
- Ramsar Convention on
Wetlands of
International
Importance Especially
as Waterfowl Habitat
(not yet a party)
Bio-Diversity & - 1992 Convention on - Addis Ababa Principles - Proclamation 98/1994 EFCCC
Invasive Alien Biological Diversity, and Guidelines for the
Species Party 1994 Sustainable Use of
Biodiversity
- 2010 Nagoya Protocol on - Nagoya Protocol on Access Institute of
Access to Genetic to Genetic Resources and Biodiversity
Resources and the Fair the Fair and Equitable Conservation in
and Equitable Sharing of Sharing of the Benefits collaboration with
Benefits Arising from Arising from their the appropriate
their Utilization to the Utilization Ratification government organs
Convention on Proclamation 753/2012
Biological Diversity,
Party 2012
- 1991 Agreement on the
Establishment of the
International Plant
Genetic Resources
Institute, Party 2006

185
 - 1951 International
Plant Protection
Convention (as
revised), Party 1977
- 2001 Treaty on Plant - International Treaty on Plant MoA
Genetic Resources for Genetic Resources for Food
Food and Agriculture, and Agriculture Ratification
Party 2002 Proclamation
330/2003
Bio-Safety - 2000 Cartagena Protocol - Cartagena Protocol on
on Biosafety to the Biosafety Ratification
Convention on Proclamation 362/2003
Biological Diversity,
Party 2004
- 1967 Phytosanitary - -
Convention for Africa,
Party 1973
Deforestation - African Union
Convention on
Desertification
- Great Green Wall
- REDD+

186
Wildlife - Agreement on the - Agreement for Ethiopian Wildlife An independent
Conservation Conservation of Conservation of African Conservation international
African-Eurasian Eurasian Migratory Water Authority in treaty developed
Migratory Water birds, Birds Ratification cooperation with under the
Party, 2010 Proclamation 635/2009 concerned auspices of the
Government Organs, United Nations
NGOs & Environment
Communities Programme's
Convention on
Migratory
Species

- 1979 Convention on - Convention on the Ethiopian Wildlife

the Conservation of Conservation of Migratory Conservation
Migratory Species of Species of Wild Animals Authority in
Wild Animals (CMS Ratification Proclamation cooperation with
Bonn Convention), 634/2009 concerned
Party 2010 Government Organs,
NGOs &
Communities
- 1975, Convention on EFCCC EWCA
International Trade in
Endangered Species of
Wild Fauna and Flora,
also known as the
Washington
Convention (CITES),
Party 1989

187
 - 1994 Treaty Establishing
the
Common Market for
Eastern and Southern
Africa (COMESA)
articles 122, 123, 124
& 126
Driving Forces

Sense of Ownership - 1972 UNESCO World - Convention for the MoCT

(Beneficiary Sharing Heritage Convention, safeguarding of the
Party 1977 Intangible Cultural
- Convention for the Heritage Ratification
Safeguarding of the Proclamation 484/2006
Intangible Cultural
Heritage, 2003

188
Energy Needs - 2009 International - Statute of the International Not indicated IRENA
Renewable Energy Renewable Energy Agency encourages
Agency Statute, Party Ratification Proclamation governments to
2012 727/2011 adopt enabling
policies for
renewable
energy
investments,
provides
practical tools
and policy advice
to accelerate
renewable
energy
deployment,
and facilitates
knowledge
sharing and
technology
transfer to
provide clean,
sustainable
energy for the
world’s growing
population.
- Agreement on the - Establishment of the EFCCC in
Establishment of the Global Green Growth cooperation with the
Global Green Growth Institute Ratification appropriate
Institute, Party 2012 Proclamation 796/ 2013 government organs

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Annex 3: POWERS AND DUTIES OF THE EFCCC AND RELEVANT PROGRAMME DRIVEN IMPROVEMENTS

Section140 Powers and Duties Relevant Programme Driven Improvements

32(3)(a) - Coordinate activities to ensure realisation of Constitutional Environmental - Institutional mandates are clarified;
objectives; - Institutional coordination, communication and
- Coordinate activities to ensure realisation of the National Environmental Policy collaboration is strengthened;
principles. - Environmental Rule of Law is Strengthened;
- Institutional information management, exchange
and accessibility is improved.
32(3)(b) - Establish a Strategic Environmental Impact Assessment system for government - EIA assessments are coordinated;
or private sector social and economic development policies, strategies, laws, - Institutional mandates are clarified;
programmes and projects; - Information management is improved;
- Establish system to follow-up on implementation and compliance with EIA - Human resource capacity and expertise are
approvals. enhanced;
- Monitoring and enforcement mechanisms are
implemented;
- Community engagement and information
dissemination exisits.
32(3)(c) - Develop mechanisms for the promotion of social, economic and environmental - Environmental Rule of law is improved;
justice; - Transparency and access to information is
- Ensure derived benefits and gains from forest protection and conservation are improved;
channelled to affected communities for the further green- house gas reduction. - Public participation and community engagement
is enhanced;
- Access to environmental justice is advanced;
- Legal frameworks for benefit allocations are
developed.

140
Article 32(3) of the Definition of the Powers and Duties of Executive Organs of the Federal Democratic Republic of Ethiopia Proclamation 1097/2018

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32(3)(d) - Coordinate actions to solicit resources necessary for building the CRGE across all - Coordination and integration of environmental
sectors and at all regional levels; issues across sectors is improved;
- Provide advisory services; - Institutional coordination, collaboration and
- Provide capacity building support. communication is improved;
- Access to information is improved;
- Development of EFCCC as a resource
management and distribution institution;
- ERC development and establishment is
supported;
- Development partner initiatives are coordinated
and harmonised.
32(3)(e) - Establish an EIA system for investment projects that will determine and evaluate - Effective system EIA system for investment
environmental impacts prior to implementation approval by relevant sectoral projects exists;
licensing organs or regional authorities. - Institutional mandates are rationalised;
- Institutional coordination, collaboration and
cooperation is improved;
32(3)(f) - Prepare programmes and directives for the implementation and follow-up, - Legislative gap analysis and gap filling takes place;
across all sectors and at all governance levels, of environmental agreements - Legislative implementation plans are developed;
concerning the natural resource base, desertification, forests, hazardous - Institutional mandates are rationalised;
chemicals, industrial waste, and anthropogenic environmental hazards; - - Institutional coordination, collaboration and
Ensure no overlaps, resource wastage and gaps. communication is improved;
- Resource leveraging and long-term sustainability
measures are implemented;
- Development partner initiatives are coordinated
and harmonised.

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32(3)(g) - Participate in the negotiation of international environmental and climate change - Institutional mandate are rationalised;
agreements; - Institutional coordination, collaboration and
- Initiate ratification processes; communication is improved;
- Play a key role in coordinating national responses to such agreements. - Development partner initiatives are coordinated
and harmonised;
- Human resource capacity is developed;
- Academic research and expertise development is
supported.
32(3)(h) - Initiate, formulate and coordinate the development of policies, strategies, laws, - Legislative gap analysis and gap filling takes place;
guidelines and programmes to implement international agreements to which - Legislative and policy implementation plans are
Ethiopia is a party;
- Oversee and ensure the implementation of such instruments. developed;
- Institutional mandates are rationalised;
- Institutional coordination, collaboration and
communication is improved;
- Resource leveraging and long-term sustainability
measures are implemented;
- Development partner initiatives are coordinated
and harmonised;
- Academic research and expertise development is
supported.
32(3)(i) - Formulate environmental safety laws and policies on the production, - Legislative gap analysis and gap filling take place;
importation, management and utilization of hazardous substances or wastes; - Environmental law enforcement is improved;
- Formulate environmental safety laws and policies on the development, - Environmental justice is improved;
importation, handling and utilization of genetically modified organisms or alien - Human resource capacity is improved;
species; - institutional coordination, collaboration and
- Ensure implementation of the laws and policies. communication is improved;
- Public and regulated community engagement
takes place;
- Environmental awareness is improved.

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32(3)(j) - Prepare a system for environmental cost benefit analysis and - Legislative gap analysis and gap filling takes place;
environmental accounting; - Horizontal research partnerships are established;
- Integrate cost benefit analysis and environmental accounting systems into - Academic research partnerships and support
development plans and investment programmes; - Monitor capacity is established;
implementation of these systems. - Institutional coordination, collaboration and
communication takes place.
32(3)(k) - Develop incentives to encourage environmental protection, resource - Legislative gap analysis and gap filling takes place;
conservation and pollution prevention; - Environmentally protective remedies are
- Develop disincentives to discourage environmental degradation, resource over introduced;
exploitation and pollution. - Environmental law enforcement is improved;
- Regulated communities are engaged;
- Ranking systems and compliance incentives are
implemented;
- Public awareness exits;
- Information transparency and access has been
established.
32(3)(l) - Establish an environmental information system that promotes efficiency in - Transparency and information accessibility is
environmental data collection, management and use. increased;
- Human resource capacity is improved;
- Research and institutional partnerships are
established.
32(3)(m) - Conduct and coordinate research activities that promote environmental - Environmental Resource Centres are established
sustainability, as well as, sustainable forest use and conservation; at regional universities;
- Conduct and coordinate research activities that promote equitable benefit - Integrated environmental research takes place;
sharing; - Human resource capacity is improved;
- Conduct and coordinate research activities that promote technology transfer; - - Institutional coordination, cooperation and
Conduct and coordinate research activities that promote green job creation. communication is improved;
- Development partnerships are strengthened.

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32(3)(n) - In accordance with relevant laws, enter any land, premises or other place that - Environmental law enforcement is improved;
falls within federal jurisdiction, to inspect and take samples in furtherance of - Inspection protocols are strengthened;
environmental law enforcement. - Law enforcement officials are engaged and
environmentally aware;
- Environmental justice is improved;
- Human resource capacity is improved.
32(3)(o) - Prepare and disseminate a periodic report on the state of the Ethiopian - Consistency and accuracy of report is improved;
environment, forests, and climate resilient green economy. - Transparency and access to information is
improved;
- Data collection and management systems are in
place;
- Regional and federal collaboration and
coordination is established.
32(3)(p) - Promote and provide non-formal environmental education programmes; - University Environmental Resource Centres are
- Cooperate with competent organs to integrate environmental concerns into the strengthened;
formal educational curricula. - Environmental law curricula is developed;
- Interdisciplinary environmental research and
collaboration is encouraged;
- Human resource capacity is improved;
- Academic partnerships are strengthened.
32(3)(q) - Establish a system for the development and utilization of small and large-scale - Legislative framework is strengthened;
forest resources (including bamboo) on private, communal, and watershed - Implementation and enforcement is enhanced;
areas; - Community engagement and awareness is
- Ensure implementation of the system. enhanced.
32(3)(r) - Establish a system for the protection and, where possible, sustainable utilization - Legislative framework is strengthened;
of natural forest resources of Ethiopia; - Ensure implementation of the system. - Implementation and enforcement is enhanced;
- Community engagement and awareness is
enhanced;
- Community benefit sharing is clarified.

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 32(3)(s) - Establish a system to rehabilitate degraded forest resources and lands to - Legislative framework is strengthened;
enhance their environmental and economic benefits; - Ensure - Implementation and enforcement is enhanced;
implementation of the system. - Community engagement and awareness is
enhanced;
- Community benefit sharing is clarified.
- Development partners sustainably engaged.

Annex 4: SDG TARGETS ENGAGED BY THE NELDEP

Sustainable Development Goal Targets Engaged by the National Environmental Law Development Programme Impact
and Enforcement Programme

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 1.4 By 2030, ensure that all men and women, in particular the poor and the vulnerable, have equal - Improved land use
rights to economic resources, as well as access to basic services, ownership and control over land and management and planning;
other forms of property, inheritance, natural resources, appropriate new technology and financial - Natural resource conservation
services, including microfinance. and management;
1.5 By 2030, build the resilience of the poor and those in vulnerable situations and reduce their - Environmental protection
exposure and vulnerability to climate-related extreme events and other economic, social and - Climate change mitigation
environmental shocks and disasters. measures;
1.A Ensure significant mobilization of resources from a variety of sources, including through enhanced - Green-house gas reductions;
development cooperation, in order to provide adequate and predictable means for developing - Enhanced institutional
countries, in particular least developed countries, to implement programmes and policies to end coordination and cooperation;
poverty in all its dimensions. - Focused development
1.B Create sound policy frameworks at the national, regional and international levels, based on propoor partnerships;
and gender-sensitive development strategies, to support accelerated investment in poverty eradication - Improved environmental policy
actions.
and legal frameworks

2.3 By 2030, double the agricultural productivity and incomes of small-scale food producers, in - Improved land use
particular women, indigenous peoples, family farmers, pastoralists and fishers, including through management;
secure and equal access to land, other productive resources and inputs, knowledge, financial services, - Development of soil erosion
markets and opportunities for value addition and non-farm employment. preventative measures;
2.4 By 2030, ensure sustainable food production systems and implement resilient agricultural practices - Regulation of agricultural
that increase productivity and production, that help maintain ecosystems, that strengthen capacity for chemicals (fertilizers and
adaptation to climate change, extreme weather, drought, flooding and other disasters and that pesticides)
progressively improve land and soil quality. - Improved water use and
2.5 By 2020, maintain the genetic diversity of seeds, cultivated plants and farmed and domesticated allocation frameworks;

197
 animals and their related wild species, including through soundly managed and diversified seed and - Protection of conservation
plant banks at the national, regional and international levels, and promote access to and fair and areas;
equitable sharing of benefits arising from the utilization of genetic resources and associated traditional - Strengthen biosafety and
knowledge, as internationally agreed. biodiversity frameworks
2.A Increase investment, including through enhanced international cooperation, in rural infrastructure, - Promote green technologies;
agricultural research and extension services, technology development and plant and livestock gene
banks in order to enhance agricultural productive capacity in developing countries, in particular least
developed countries.

3.3 By 2030, end the epidemics of AIDS, tuberculosis, malaria and neglected tropical diseases and - Mitigate the impacts of climate
combat hepatitis, water-borne diseases and other communicable diseases. change and spread of disease;
3.9 By 2030, substantially reduce the number of deaths and illnesses from hazardous chemicals and air, - Reduce and control the use and
water and soil pollution and contamination. release of hazardous pollution;
3.B Support the research and development of vaccines and medicines for the communicable and - Strengthen biosafety and
noncommunicable diseases that primarily affect developing countries …” biodiversity frameworks;
3.D Strengthen the capacity of all countries, in particular developing countries, for early warning, risk - Create enabling environment
reduction and management of national and global health risks. for biotechnology research;
- Develop environmental early
warning system.

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 4.3 By 2030, ensure equal access for all women and men to affordable and quality technical, vocational - Develop ERCs at Universities;
and tertiary education, including university. - Green curricula and encourage
4.4 By 2030, substantially increase the number of youth and adults who have relevant skills, including inter-disciplinary collaboration;
technical and vocational skills, for employment, decent jobs and entrepreneurship. - Ensure the needs of women
4.7 By 2030, ensure that all learners acquire the knowledge and skills needed to promote sustainable and vulnerable groups are
development, including, among others, through education for sustainable development and adequately incorporated into
sustainable lifestyles, human rights, gender equality, promotion of a culture of peace and nonviolence, educational activities;
global citizenship and appreciation of cultural diversity and of culture’s contribution to sustainable - Implement additional
development. vocational environmental
4.B By 2020, substantially expand globally the number of scholarships available to developing countries training programmes;
… for enrolment in higher education, including vocational training and information and - Develop partnerships with
communications technology, technical, engineering and scientific programmes, in developed
countries and other developing countries. international academic
4.C By 2030, substantially increase the supply of qualified teachers, including through international institutions;
cooperation for teacher training in developing countries …”. - Secure conditional scholarships
within environmentally
relevant fields of study.
5.1 End all forms of discrimination against all women and girls everywhere. - Importance of women for
5.5 Ensure women’s full and effective participation and equal opportunities for leadership at all levels environmental protection and
of decision making in political, economic and public life. natural resource conservation
5.A Undertake reforms to give women equal rights to economic resources, as well as access to is recognised and harnessed;
ownership and control over land and other forms of property, financial services, inheritance and - Heightened vulnerability of
natural resources, in accordance with national laws women to impacts of
5.C Adopt and strengthen sound policies and enforceable legislation for the promotion of gender environmental degradation
equality and the empowerment of all women and girls at all levels and climate change are
recognised and addressed.

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 6.1 By 2030, achieve universal and equitable access to safe and affordable drinking water for all. - Sustainability of water supply is
6.3 By 2030, improve water quality by reducing pollution, eliminating dumping and minimizing release enhanced;
of hazardous chemicals and materials, halving the proportion of untreated wastewater and - Laws preventing pollution and
substantially increasing recycling and safe reuse globally. protecting water quality are
6.4 By 2030, substantially increase water-use efficiency across all sectors and ensure sustainable enforced;
withdrawals and supply of freshwater to address water scarcity and substantially reduce the number - Valuable eco-systems are
of people suffering from water scarcity. identified, protected,
6.5 By 2030, implement integrated water resources management at all levels, including through rehabilitated and awareness of
transboundary cooperation as appropriate. their importance raised;
6.6 By 2020, protect and restore water-related ecosystems, including mountains, forests, wetlands, - Local communities are
rivers, aquifers and lakes. engaged, educated and aware
6.A By 2030, expand international cooperation and capacity-building support to developing countries of water related issues;
in water- and sanitation-related activities and programmes, including water harvesting, desalination, - Partnerships, cooperation and
water efficiency, wastewater treatment, recycling and reuse technologies. collaboration is improved.
6.B Support and strengthen the participation of local communities in improving water and sanitation
management.
7.1 By 2030, ensure universal access to affordable, reliable and modern energy services. - Pollution and GHG from energy
7.2 By 2030, increase substantially the share of renewable energy in the global energy mix. production reduced;
7.A By 2030, enhance international cooperation to facilitate access to clean energy research and - Deforestation prevented;
technology, including renewable energy, energy efficiency and advanced and cleaner fossil-fuel - Research capacity at tertiary
technology, and promote investment in energy infrastructure and clean energy technology. institutions increased;
7.B By 2030, expand infrastructure and upgrade technology for supplying modern and sustainable - Partnerships, cooperation and
energy services for all in developing countries, in particular least developed countries, small island collaboration is improved.
developing States, and land-locked developing countries, in accordance with their respective
programmes of support.

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 8.4 Improve progressively, through 2030, global resource efficiency in consumption and production and - Private sector industry is aware
endeavour to decouple economic growth from environmental degradation, in accordance with the 10- of environmental impacts and
year framework of programmes on sustainable consumption and production, with developed countries consequences of degradation;
taking the lead. - Partnerships for environmental
8.9 By 2030, devise and implement policies to promote sustainable tourism that creates jobs and protection are developed;
promotes local culture and products. - Sustainable production
practices are adopted;
- Wildlife and landscape
conservation is advanced.

9.4 By 2030, upgrade infrastructure and retrofit industries to make them sustainable, with increased - Environmental protection and
resource-use efficiency and greater adoption of clean and environmentally sound technologies and natural resource conservation
industrial processes, with all countries taking action in accordance with their respective capabilities. research, across sectors is
9.A Facilitate sustainable and resilient infrastructure development in developing countries through enhanced;
enhanced financial, technological and technical support to African countries, least developed countries, - Best available technologies are
landlocked developing countries and small island developing States. implemented;
9.B Support domestic technology development, research and innovation in developing countries, - Private sector is incentivised
including by ensuring a conducive policy environment for, inter alia, industrial diversification and value and encouraged to improve
addition to commodities infrastructure;
9.C Significantly increase access to information and communications technology and strive to provide - Institutional Communication
universal and affordable access to the Internet in least developed countries by 2020 and Coordination is improved;
- Information transparency and
access is facilitated.

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 10.3 Ensure equal opportunity and reduce inequalities of outcome, including by eliminating - Laws are applied consistently
discriminatory laws, policies and practices and promoting appropriate legislation, policies and action in and equally;
this regard. - Access to environmental justice
is enhanced;
- Disproportionate impacts of
environmental and natural
resource degradation are
acknowledged and addressed.
11.3 By 2030, enhance inclusive and sustainable urbanization and capacity for participatory, integrated - Land use planning and
and sustainable human settlement planning and management in all countries. management systems are
11.6 By 2030, reduce the adverse per capita environmental impact of cities, including by paying special improved;
attention to air quality and municipal and other waste management. - Urban pollution control and
11.A Support positive economic, social and environmental links between urban, peri-urban and rural waste management practices
areas by strengthening national and regional development planning. are implemented;
11.B By 2020, substantially increase the number of cities and human settlements adopting and - Community participation and
implementing integrated policies and plans towards inclusion, resource efficiency, mitigation and access to information is
adaptation to climate change, resilience to disasters, and develop and implement, in line with the enhanced;
Sendai Framework for Disaster Risk Reduction 2015-2030, holistic disaster risk management at all - Greater community
levels. environmental awareness and
11.C Support least developed countries, including through financial and technical assistance, in building education;
sustainable and resilient buildings utilizing local materials. - Construction is
environmentally friendly and
compliant.

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 12.2 By 2030, achieve the sustainable management and efficient use of natural resources. - Legal frameworks to ensure
12.4 By 2020, achieve the environmentally sound management of chemicals and all wastes throughout sustainable management and
their life cycle, in accordance with agreed international frameworks, and significantly reduce their use of natural resources exist
release to air, water and soil in order to minimize their adverse impacts on human health and the and are enforced;
environment. - Legal frameworks to ensure the
12.5 By 2030, substantially reduce waste generation through prevention, reduction, recycling and sound management of
reuse. hazardous waste exist and are
12.6 Encourage companies, especially large and transnational companies, to adopt sustainable enforced;
practices and to integrate sustainability information into their reporting cycle. - Incentives to encourage
12.7 Promote public procurement practices that are sustainable, in accordance with national policies sustainable use and
and priorities. consumption patterns exist and
12.8 By 2030, ensure that people everywhere have the relevant information and awareness for are enforced;
sustainable development and lifestyles in harmony with nature. - Private sector is aware and
12.A Support developing countries to strengthen their scientific and technological capacity to move engaged in environmentally
towards more sustainable patterns of consumption and production friendly and sustainable
12.B Develop and implement tools to monitor sustainable development impacts for sustainable tourism practices;
that creates jobs and promotes local culture and products - Public institutions are aware
and ensure environmentally
friendly and sustainable
practices;
- Public participation,
engagement, access to
information, and environmental
awareness is ensured and
improved;
- Partnership, collaboration and
cooperation are established;
- Wildlife and landscape
conservation and rehabilitation
is prioritised.

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 13.1 Strengthen resilience and adaptive capacity to climate-related hazards and natural disasters in all - Greater integration of
countries environmental and natural
13.2 Integrate climate change measures into national policies, strategies and planning resource considerations across
13.3 Improve education, awareness-raising and human and institutional capacity on climate change sectors;
mitigation, adaptation, impact reduction and early warning - Public awareness is raised;
13.B Promote mechanisms for raising capacity for effective climate change-related planning and - Education on environment and
management in least developed countries and small island developing States, including focusing on climate change related issues is
women, youth and local and marginalized communities strengthened;
- Improved institutional
coordination and collaboration.
14.1 By 2025, prevent and significantly reduce marine pollution of all kinds, in particular from landbased - Legal frameworks to ensure
activities, including marine debris and nutrient pollution sustainable management and
14.4 By 2020, effectively regulate harvesting and end overfishing, illegal, unreported and unregulated use of natural resources exist
fishing and destructive fishing practices and implement science-based management plans, in order to and are enforced;
restore fish stocks in the shortest time feasible, at least to levels that can produce maximum sustainable - Legal frameworks to ensure the
yield as determined by their biological characteristics sound management of
hazardous waste exist and are
enforced;
- Improved research and
management plans are
implemented.

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 15.1 By 2020, ensure the conservation, restoration and sustainable use of terrestrial and inland - Legal frameworks to ensure
freshwater ecosystems and their services, in particular forests, wetlands, mountains and drylands, in sustainable management and
line with obligations under international agreements. use of natural resources exist
15.2 By 2020, promote the implementation of sustainable management of all types of forests, halt and are enforced;
deforestation, restore degraded forests and substantially increase afforestation and reforestation - Environmental funding
globally. mechanisms and benefit
15.3 By 2030, combat desertification, restore degraded land and soil, including land affected by sharing frameworks exist and
desertification, drought and floods, and strive to achieve a land degradation-neutral world. are implemented;
15.4 By 2030, ensure the conservation of mountain ecosystems, including their biodiversity, in order to - Communities and general
enhance their capacity to provide benefits that are essential for sustainable development. public are aware of the
15.5 Take urgent and significant action to reduce the degradation of natural habitats, halt the loss of consequence of
biodiversity and, by 2020, protect and prevent the extinction of threatened species. environmental and resource
15.6 Promote fair and equitable sharing of the benefits arising from the utilization of genetic resources degradation;
and promote appropriate access to such resources, as internationally agreed. - Alternatives to natural resource
15.7 Take urgent action to end poaching and trafficking of protected species of flora and fauna and exploitation are
address both demand and supply of illegal wildlife products. available;
15.8 By 2020, introduce measures to prevent the introduction and significantly reduce the impact of - Rehabilitation and conservation
invasive alien species on land and water ecosystems and control or eradicate the priority species. mechanisms are available and
15.9 By 2020, integrate ecosystem and biodiversity values into national and local planning, enhanced;
development processes, poverty reduction strategies and accounts - Environmental capacity of
15.A Mobilize and significantly increase financial resources from all sources to conserve and sustainably customs officials is improved;
use biodiversity and ecosystems - Research and education in
15.B Mobilize significant resources from all sources and at all levels to finance sustainable forest priority environmental areas is
management and provide adequate incentives to developing countries to advance such management, advanced;
including for conservation and reforestation - Environmental Rule of Law is
15.C Enhance global support for efforts to combat poaching and trafficking of protected species, enhanced;
including by increasing the capacity of local communities to pursue sustainable livelihood opportunities - Institutional coordination,
cooperation and
communication is improved;

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 - Environmental issues are
integrated across sectors.

16.3 Promote the rule of law at the national and international levels and ensure equal access to justice - Environmental Rule of Law
for all. becomes established;
16.5 Substantially reduce corruption and bribery in all their forms. - Clear environmental legislation
16.6 Develop effective, accountable and transparent institutions at all levels. exists and is
16.7 Ensure responsive, inclusive, participatory and representative decision-making at all levels enforced;
16.10 Ensure public access to information and protect fundamental freedoms, in accordance with - Legal framework for access to
national legislation and international agreements information exists and is
16.A Strengthen relevant national institutions, including through international cooperation, for building enforced;
capacity at all levels, in particular in developing countries, to prevent violence and combat terrorism - Legal framework for
and crime meaningful public participation
16.B Promote and enforce non-discriminatory laws and policies for sustainable development exists and is enforced;
- Environmental justice is
consistent, predictable,
accessible and equitable;
- All relevant institutions and
officers are aware of
environmental issues;

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 17.6 Enhance North-South, South-South and triangular regional and international cooperation on and - Institutional integration,
access to science, technology and innovation and enhance knowledge sharing on mutually agreed communication, coordination
terms, including through improved coordination among existing mechanisms, in particular at the United and cooperation is enhanced;
Nations level, and through a global technology facilitation mechanism. - International partnerships are
17.7 Promote the development, transfer, dissemination and diffusion of environmentally sound coordinated and outputs
technologies to developing countries on favourable terms, including on concessional and preferential leveraged for maximum impact;
terms, as mutually agreed. - Green technologies and all
17.8 Fully operationalize the technology bank and science, technology and innovation capacitybuilding necessary accessory
mechanism for least developed countries by 2017 and enhance the use of enabling technology, in infrastructure is utilized and
particular information and communications technology. maintained;
17.9 Enhance international support for implementing effective and targeted capacity-building in - Knowledge exchange is
developing countries to support national plans to implement all the sustainable development goals, facilitated through
including through North-South, South-South and triangular cooperation. Environmental Resource
17.14 Enhance policy coherence for sustainable development. Centres;
17.15 Respect each country’s policy space and leadership to establish and implement policies for - Knowledge management and
poverty eradication and sustainable development. dissemination mechanisms are
17.16 Enhance the global partnership for sustainable development, complemented by multistakeholder developed and implemented;
partnerships that mobilize and share knowledge, expertise, technology and financial resources, to - EFCCC mandate to coordinate
support the achievement of the sustainable development goals in all countries, in particular developing activities for the achievement
countries. of environmental objectives is
17.17 Encourage and promote effective public, public-private and civil society partnerships, building on fully realised.
the experience and resourcing strategies of partnerships. - Effective partnerships with civil
17.18 By 2020, enhance capacity-building support to developing countries, including for least developed society, development partners,
countries and small island developing States, to increase significantly the availability of high-quality, private industry and public
timely and reliable data disaggregated by income, gender, age, race, ethnicity, migratory status, institutions are built.
disability, geographic location and other characteristics relevant in national contexts

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