RESEARCH TITLE: Analysis of Legal and Institutional Challenges Relating to Governance of Oil and Gas in Tanzania
What is the topic of your research? Why is it important to study the topic?
This study examines the legal and institutional challenges relating to oil and gas governance as shared resources between the United Republic of Tanzania and Tanzania Zanzibar. The study is important following a decision by the Parliament of the United Republic of Tanzania to enact the oil and gas laws to provide both the government of the United Republic of Tanzania and the Revolutionary Government of Zanzibar with separate laws and institutions regulating oil and gas resources.
What are the key findings or observations of your research?
The findings of this study indicate that the Parliament passed a law separating the governance of oil and gas resources without giving due regard to the procedure for dealing with the union matters and amending the list of union matters as provided in the Constitution of the United Republic of Tanzania. This study noted that the 2015 and 2017 legal reforms[1] in the natural resources sector which include oil and gas have influenced separate management of oil and gas resources between the Government of the United Republic and the Revolutionary Government of Zanzibar. The separation has effects on the national resources’ sovereignty and the regulating law is unclear and uncoordinated to the extent that the situation may cause conflict in the oil and gas economy.[2]
Similarly, the study reveals that the law governing oil and gas lacks provisions on revenue sharing and oil and gas dispute settlement mechanisms between the two governments. Further, the study shows that these legal reforms disregarded the structure of the union especially the separation between union matters and non-union matters, resource sharing mechanism and joint operation. This disregard resulted in oil and gas exploitation challenges between the Government of the United Republic and the Revolutionary Government of Zanzibar. These legal reforms in the oil and gas sector can only be implemented by aligning the law governing oil and gas with the Constitution of the United Republic of Tanzania and international treaties of which Tanzania is a part.
How can the results of your research be utilised in practice?
The results of this study enlighten the policy-makers and decision-makers about the need for a collective policy-making strategy in Mainland Tanzania and Tanzania Zanzibar. The study informs the policy-makers about the possible challenges likely to happen if each part of the union makes its policy without consulting the other part. The findings are helpful to the Parliament as it discloses legislative challenges arising from natural resources legislative enactments. It addresses the legislative limits between the House of Representatives and the Parliament (limited to union and non-union matters) and the possible challenges that include conflicting laws. The study, findings also are useful to the Tanzania Law Reform Commission as well as the Zanzibar Law Review Commission as these findings help to shed light on the areas which need reforms and the proposed strategies. The study contributed to the body of knowledge by informing stakeholders on the oil and gas governances in Tanzania and the likely challenges. Further, the researcher has published articles in open-access journals where academicians and future researchers will have access and generate knowledge on oil and gas governance.
What are the key research methods and materials used in your research?
The study essentially employed a qualitative method, where data were collected through documentary review and field interviews. In this regard, various literature, law and government reports were thoroughly reviewed, and interviews were conducted with key informants on both sides of the Union. The data collected were systematically analyzed to achieve the objectives of the study.
Is there something else about your doctoral dissertation you would like to share in the press release?
The oil and gas sector is growing and expected to contribute to the national economy and the community is expecting to benefit from these natural resources, the comprehensive regulatory framework is needed to plug the identified challenges. This is because in other countries where natural resources are mismanaged has resulted in a resource curse and threatened prospective investors as the sector requires huge capital and technological advancement thus, a coordinated legal framework will ensure sustainable exploitation of these valuable resources.
Contact
Google schlar: https://scholar.google.com/citations?hl=en&user=v6NKGhoAAAAJ
Email: liberatus.gabagambi@cbe.ac.tz
[1]The Petroleum Act 2015, The Oil and Gas Revenues Management Act 2015, the Extractive Industries (Transparency and Accountability) Act 2015 and Zanzibar Oil and Gas (Upstream) Act, 2016.
[2]Bishoge OK, et al. ‘An Overview of the Natural Gas Sector in Tanzania - Achievements and Challenges’ (2018) Journal of Applied and Advanced Research Vol.3, No. 4, 1-2. http://dx.doi.org/10.21839/jaar.2018.v3i4.218.