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Ethiopian Environmental Impact Assessment Proclamation NO. 299/2002Vis a Vis Other Sectoral Laws

Received: Jul. 27, 2022    Accepted: Aug. 25, 2022    Published: Sep. 16, 2022
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Abstract

For development to be sustainable, environmental protection is very important. And sustainable development could be achieved by effectively balancing social, environmental, and economic goals. In Ethiopia, the environment, society, and economy are so intertwined that they require systematic attention in government policy and law to realize synergies and avoid conflicts between these three fundamental components of sustainable development. Environmental Impact Assessment is a fundamental technique for preventing, reducing, or offsetting the significant negative environmental impacts of development activities while enhancing the good ones. To this end, major economic development activities should pass through the EIA process. This study aims to conduct a legal analysis to determine whether Ethiopian EIA Proclamation No. 299/2002 is integrated into major sectoral laws governing economic activities. To accomplish this, a doctrinal methodology based on primary and secondary data sources was applied. A comparison of repealed and existing laws concerning EIA requirements under sectoral laws was used to provide additional insight into the status of former and present laws on EIA. The study contends that Ethiopia's EIA law is not adequately integrated with various sectoral laws and that their development activities have major consequences for human health and the environment. Consequently, the writer recommends making legal reform to EIA Proclamation and the major Sectoral laws, creating a system of public interest litigation for the functioning of EIA, analyzing different laws that conflict with EIA requirements, and creating follow-up and implementation systems, as well as raising awareness on the importance of EIA.

DOI 10.11648/j.ipa.20220602.11
Published in International and Public Affairs ( Volume 6, Issue 2, December 2022 )
Page(s) 29-37
Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.

Copyright

Copyright © The Author(s), 2024. Published by Science Publishing Group

Keywords

Sustainable Development, Environmental Protection, Sectoral Laws, EIA, Integration

References
[1] Jenifer C. Li., Environmental Impact Assessment in Developing Countries: An opportunity for Greater Environmental Security, working paper, 2008, No. 4.
[2] Jonathan M. Harris, Basic Principles of Sustainable Development, Tufts University, 2001.
[3] Mohammed Ibrahim Ahmed, ‘Integration of Environmental safeguards into Ethiopian Investment and sectoral laws’, Journal of Sustainable Development Law and Policy, (2017), Vol. 8, No. 2, Afe, Babalola University.
[4] Mellese Damite and Mesfin Bayou, Overview of Environmental Impact Assessment in Ethiopia, Gaps and Challenges, Melka Mahiber, 2008.
[5] Mulu Beyene et al, the Role of law in the protection of the Environment and Natural Resources, Environmental and Natural Resource Law Center, Mekelle University, 2016.
[6] Federal Democratic Republic of Ethiopian Constitution, 1995, Federal Negarit Gazette, Proc. No. 1, 1st Year No. 1, Art. 92 (3).
[7] Environmental Impact Assessment Proclamation, 2002, Federal Negarit Gazette, Proc. No. 299, 9th Year, No. 11.
[8] Dejene Girma, Environmental Impact Assessment in Ethiopia: Laws and Practices, DPhil thesis, University of Alabama, 2012.
[9] Directive No. 1/ 2008 issued to determine the Categories of Projects subject to the EIA Proclamation No. 299/ 2002, Environmental Protection Authority, 2008.
[10] Investment Proclamation, 1996, Federal Negarit Gazetta, Proc. No. 37, 2nd Year, No. 25, Art. 14 (1).
[11] Investment Proclamation, 2002, Federal Negarit Gazetta, Proc. No. 280, 8th Year, No. 27.
[12] Investment Proclamation, 2003, Federal Negarit Gazetta, Proc. No. 375, 10th Year, No. 8.
[13] Commercial Registration and Business Licensing Proclamation, 1997, Federal Negarit Gazetta, Proc. No. 67, 3rd Year, No. 25.
[14] Investment Proclamation 2012, Federal Negarit Gazeta, Proc. No. 769, 18th Year No. 63.
[15] Fikremarkos Merso, “Green Growth, Investment, Environment, and Sustainable Development in Ethiopia” 5 IUCNAEL E-Journal, 163, 169, as quoted by Mo Mohammed Ibrahim Ahmed, ‘Integration of Environmental safeguards into Ethiopian Investment and sectoral laws’, Journal of Sustainable Development Law and Policy, 2017, Vol. 8, No. 2, Afe, Babalola University.
[16] Investment Proclamation, 2020, Federal Negarit Gazeta, Proc. No. 1180, 26th Year, No. 28.
[17] Lilanie Gudeta, Effectiveness of Environmental Impact Assessment vis-à-vis Investment laws in Ethiopia: The Case of Floriculture Investment, LLM thesis, Addis Ababa University, College of Development Studies, 2020, [Unpublished].
[18] James Krueger et al, ‘Environmental Permitting in Ethiopia, No restraint on ’Unstoppable Growth?’’, Haramaya Law Review (2012), Vol. 1.
[19] Commercial Registration and Licensing Proclamation, 2016, Federal Negarit Gazette, Proc. No. 980, 22nd Year, No. 101.
[20] Rural Land Administration and Use Proclamation, 2005, Federal Negaril Gazeta, Proc. No. 456, 11th Year No. 44.
[21] Amhara National Regional State Revised Rural Land Administration and Use Proclamation, 2017, Zikrehige Gazetta, Proc. No. 252, 22nd Year, No. 14.
[22] Ethiopian Water Resource Management Proclamation, 2000, Federal Negarit Gazette, Proc. No. 197, 9th Year, No. 25.
[23] Ethiopian Water Resource Management Council of Ministers Regulation, 2005, Federal Negarit Gazeta, Reg. No. 115, 11th Year, No. 27.
[24] Mining Operations Proclamation, 2010, Federal Negarit Gazzetta, Proc. No. 678, 16th Year, No. 25, Preamble Para. 3.
[25] Industrial Parks Proclamation, 2015, Federal Negarit Gazzetta, Proc. No. 886, 21st Year No. 39.
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  • APA Style

    Abera Gashe Tegegne. (2022). Ethiopian Environmental Impact Assessment Proclamation NO. 299/2002Vis a Vis Other Sectoral Laws. International and Public Affairs, 6(2), 29-37. https://doi.org/10.11648/j.ipa.20220602.11

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    ACS Style

    Abera Gashe Tegegne. Ethiopian Environmental Impact Assessment Proclamation NO. 299/2002Vis a Vis Other Sectoral Laws. Int. Public Aff. 2022, 6(2), 29-37. doi: 10.11648/j.ipa.20220602.11

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    AMA Style

    Abera Gashe Tegegne. Ethiopian Environmental Impact Assessment Proclamation NO. 299/2002Vis a Vis Other Sectoral Laws. Int Public Aff. 2022;6(2):29-37. doi: 10.11648/j.ipa.20220602.11

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  • @article{10.11648/j.ipa.20220602.11,
      author = {Abera Gashe Tegegne},
      title = {Ethiopian Environmental Impact Assessment Proclamation NO. 299/2002Vis a Vis Other Sectoral Laws},
      journal = {International and Public Affairs},
      volume = {6},
      number = {2},
      pages = {29-37},
      doi = {10.11648/j.ipa.20220602.11},
      url = {https://doi.org/10.11648/j.ipa.20220602.11},
      eprint = {https://download.sciencepg.com/pdf/10.11648.j.ipa.20220602.11},
      abstract = {For development to be sustainable, environmental protection is very important. And sustainable development could be achieved by effectively balancing social, environmental, and economic goals. In Ethiopia, the environment, society, and economy are so intertwined that they require systematic attention in government policy and law to realize synergies and avoid conflicts between these three fundamental components of sustainable development. Environmental Impact Assessment is a fundamental technique for preventing, reducing, or offsetting the significant negative environmental impacts of development activities while enhancing the good ones. To this end, major economic development activities should pass through the EIA process. This study aims to conduct a legal analysis to determine whether Ethiopian EIA Proclamation No. 299/2002 is integrated into major sectoral laws governing economic activities. To accomplish this, a doctrinal methodology based on primary and secondary data sources was applied. A comparison of repealed and existing laws concerning EIA requirements under sectoral laws was used to provide additional insight into the status of former and present laws on EIA. The study contends that Ethiopia's EIA law is not adequately integrated with various sectoral laws and that their development activities have major consequences for human health and the environment. Consequently, the writer recommends making legal reform to EIA Proclamation and the major Sectoral laws, creating a system of public interest litigation for the functioning of EIA, analyzing different laws that conflict with EIA requirements, and creating follow-up and implementation systems, as well as raising awareness on the importance of EIA.},
     year = {2022}
    }
    

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    AB  - For development to be sustainable, environmental protection is very important. And sustainable development could be achieved by effectively balancing social, environmental, and economic goals. In Ethiopia, the environment, society, and economy are so intertwined that they require systematic attention in government policy and law to realize synergies and avoid conflicts between these three fundamental components of sustainable development. Environmental Impact Assessment is a fundamental technique for preventing, reducing, or offsetting the significant negative environmental impacts of development activities while enhancing the good ones. To this end, major economic development activities should pass through the EIA process. This study aims to conduct a legal analysis to determine whether Ethiopian EIA Proclamation No. 299/2002 is integrated into major sectoral laws governing economic activities. To accomplish this, a doctrinal methodology based on primary and secondary data sources was applied. A comparison of repealed and existing laws concerning EIA requirements under sectoral laws was used to provide additional insight into the status of former and present laws on EIA. The study contends that Ethiopia's EIA law is not adequately integrated with various sectoral laws and that their development activities have major consequences for human health and the environment. Consequently, the writer recommends making legal reform to EIA Proclamation and the major Sectoral laws, creating a system of public interest litigation for the functioning of EIA, analyzing different laws that conflict with EIA requirements, and creating follow-up and implementation systems, as well as raising awareness on the importance of EIA.
    VL  - 6
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Author Information
  • Legal Auditing and Inspection Department, Amhara Region Justice Bureau, Bahir Dar, Ethiopia

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