Over the past several years, the Conservation Council of Nations (dba ICCF Group) has spearheaded an effort with Legal Atlas, Western Indian Ocean Marine Science Association (WIOMSA), and Macquarie University to better evaluate the feasibility and legal foundations for managing a marine transboundary conservation area (TBCA) between Kenya and Tanzania. The study, titled “Policy Harmonization Study and Legislative Gap Analysis for a Marine Transboundary Conservation Area (TBCA),” assessed the status and adequacy of existing legislation and developed specific best practices for marine conservation areas. 

In collaboration with Legal Atlas and WIOMSA, the ICCF Group convened a summit for World Environment Day, June 5-6, 2024, in Dar Es Salaam, Tanzania, to serve as a pivotal platform for sharing the findings of the research conducted by Legal Atlas. The summit brought together 21 parliamentarians from the Parliamentary Conservation and Climate Change Caucus Kenya (P4CK) and Tanzania’s Parliamentary Friends of the Environment (TAPAFE) Caucus,  and included key stakeholders working in the region, underscoring the regional commitment to marine conservation. Honourable Esther Matiko, the Deputy Chairperson of TAPAFE, opened the summit by welcoming all participants to Tanzania, with Honourables Charity Kathambi and Rozaah Buyu, the Co-Chairs of P4CK, providing remarks as well. As leaders of their respective caucuses, the Members of Parliament introduced their colleagues present and affirmed their caucuses’ commitment to elevating the importance of responsible environment and natural resource management in Kenya and Tanzania.

The summit included several technical presentations by Tanzania’s Marine Parks Reserve Unit (MPRU) and  Kenya Wildlife Service (KWS) discussing the history of the proposed TBCA and the status of the Memorandum of Understanding (MoU) between the two agencies. Collaboration began in 2015 with a study supported by UNEP, the Nairobi Convention, and WIOMSA, which recommended establishing a marine TBCA along the shared border. The anticipated signing of the MoU will be a significant step towards providing an effective framework for managing and conserving the rich biodiversity within the transboundary area.

“The event today is the culmination of a multiyear effort and serves as an acknowledgement and appreciation of all the work being done in the region by organizations such as Tanzania’s Marine Parks Reserve Unit, the Kenya Wildlife Service, the Western Indian Ocean Marine Science Association (WIOMSA), The Nature Conservancy and many others who are involved in marine conservation in the East Africa Region.” - Jill Barasa, Africa Program Director, ICCF Group

Dr. Arthur Tuda of WIOMSA then presented on the TBCA’s development and progress, its successes and challenges, the proposed next steps to advance the process, and how parliamentarians can be involved. Of significant importance to the Members of Parliament was Dr. Tuda’s technical discussion of the economic valuation of the TBCA, which can serve as an investment opportunity for Kenya and Tanzania. The TBCA would secure a vast and unique ecosystem, providing livelihoods to a large population and mitigating high and extreme risks to natural assets.

“Considerable work is needed to develop and bank the TBCA investment opportunity…[however] the TBCA management plan has the potential to significantly increase natural capital value and thus ecosystem service values and national economy value added.”- Dr. Arthur Tuda, Executive Secretary, WIOMSA

Lastly, James Wingard, JD from Legal Atlas presented the Policy Harmonization Study and Legislative Gap Analysis to the parliamentarians, highlighting the best practices and legislative gaps that need alignment by both countries to ensure the sustainable management of their shared marine resources. He also provided legislative agendas to the Members of Parliament, summarizing the findings and recommending legal reforms for the respective countries. The overall result for Kenya is strong, with 72% of all best practices rated as either a Best Practice or Good Practice, with only minor gaps noted: (1) community commercial rights not elaborated, and (2) missing mechanisms for sharing enforcement data. Similarly, the overall result for Tanzania is good, with 46% of all best practices rated as either a Best Practice or Good Practice. According to the research, “the most significant gaps are those governing the express identification and regulation of transboundary marine protected areas as a resource question separate from marine protected areas generally. The specialized management needs of a transboundary resource are essentially unregulated by Tanzania, presenting obstacles to effective co-management with Kenya.”

To close the summit, the delegation of parliamentarians visited Bongoyo Island, a protected and uninhabited island within the Dar es Salaam Marine Reserve. During the visit, they were briefed by representatives of the MPRU and learned about community-led marine conservation and ecotourism efforts currently underway. The island is home to some of Tanzania's largest specimens of endangered coconut crabs and serves as a popular day trip destination for both tourists and Tanzanian residents. The summit concluded with a renewed commitment to collaborative action by Members of Parliament, recognizing the critical role of legal frameworks in advancing transboundary marine conservation efforts.

About the project 

The project leverages the Parliamentary Conservation Caucus model to raise awareness amongst legislators on blue economy opportunities, as well as facilitate regional cooperation towards enhanced transboundary marine governance in Latin America and the Caribbean, East Africa, and Southeast Asia. For more information, please contact Katherine Brantley, kbrantley@internationalconservation.org or visit the dedicated page on iwlearn.net