Appraising the effectiveness of environmental and social impact assessments in the oil and gas sector: the case studies of Uganda, Kenya and Tanzania

Abstract

This study examines and analyses the efficacy of the legal and regulatory frameworks for conducting Environment and Social Impact Assessments. These assessments are focused on the protection against environmental degradation, in East Africa’s budding oil and gas sector covering both the upstream and midstream in the sector. This study was informed by the limited knowledge about the efficacy of ESIA laws because they are recent developments in the East African region since they are in fact missing in Kenya and Tanzania and new in Uganda. Further to this, previous studies have not conceptualized and measured “efficacy” as an aspect of environmental laws developed in the context of a complex sector like oil and gas. The study employed a qualitative methodology which involved in-depth interviews, focus group discussions, desk analysis of relevant legal instruments and other relevant literature. The study combined desk reviews, electronic searches and field data collection and analysis. The study reveals that EAC Partner States have both legal provisions and other institutional frameworks for operationalizing the requirements for ESIAs in their oil and gas projects. Compliance, in terms of oil and gas activities being preceded by ESIA processes, was also found to be a common practice across the three original Partner States of the EAC: Kenya, Tanzania and Uganda. Notwithstanding these positive findings, the Partner States still have a lot of work to do to ensure that ESIAs are effectively used to improve regulation of the Oil and Gas sector in East Africa. Some of the areas that need improvement include: the introduction of punitive sanctions for non- compliance with conditions given in ESIA certificates; making approved ESIAs accessible to the public so as to ensure third party independent monitoring; facilitation for local governments to monitor compliance with the conditions of ESIA certificates; and undertaking periodic environmental audits as recommended.