Effectiveness of Tanzania’s Legal Regime Regulating Tobacco Production In Relation to it’s environmental impacts
Tobacco earns Tanzania roughly USD 300 million per annum yet is estimated to cause 6.5 % of annual deforestation and widespread agro-chemical exposure. This article evaluates, empirically and doctrinally, whether the national legal regime adequately controls those impacts. Using a convergent mixed-methods design, data was collected through questionnaire, interview, focus-group discussion and statutory data in Tabora Region which is the country’s top tobacco producer as between March and August 2024. Fifty purposively selected stakeholders (15 government officials, 20 smallholder farmers, 15 community members) were complemented by physical inspection of 20 curing barns and review of all relevant statutes and EIA files (2019-2023). Results reveal an infective syndrome of the comprehensive laws (Environmental Management Act 2004, Tobacco Industry Act 2001, Forest Act 2002, Public Health Act 2009) due to weak enforcement, institutional overlap, resource starvation and regulatory capture. Only 24 % of farmers are aware of environmental obligations; zero prosecutions were recorded under either forestry or pollution provisions in the past five years; mean wood consumption remains 23 m³ per tonne of cured leaf identical to 1990s levels. 65 % of farmers would switch to sesame or sunflower if guaranteed market parity, and 84 % would adopt coal briquettes when subsidised. We therefore recommend a three-pillar reform package: (i) legal amendments inserting pecuniary penalties, mandatory EIAs and a Tobacco Environmental Compliance Certificate; (ii) creation of a Joint Tobacco-Environment Enforcement Unit financed by the export levy and a Tobacco Environmental Restoration Fund; (iii) market-based incentives including “Green Tobacco Bonus” and crop diversification window. The analysis contributes to the sparse African literature bridging agricultural law, environmental justice and health governance.
Keywords: tobacco, agro-chemical, environmental law, deforestation, regulatory capture
