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Environmental Problems and Solutions in Ethiopia Generally and in Africa Specifically *YARED BEYENE (LL.B Degree); Jimma University, Law Faculty, Ethiopia. E-mail: [email protected]/P.o.box 42144, Addis Ababa, Ethiopia Mob: +251-0920-71-55-68/ +251-0911-50-98-61/ +251-0911-72-19-40 Page | 1 ENVIRONMENTAL PROBLEMS AND SOLUTIONS IN ETHIOPIA GENERALLY AND IN AFRICA SPECIFICALLY (A case study on Ethiopia) Advisor: Mr. Yenehun Birlie (LL.M, Environmental Law), Alabama University, U.S.A BY: YARED BEYENE* (LL.B, Expert in Environmental Law) Jimma University, Faculty of Law November, 2009G.C

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Page 1: Environmental Problems and Solutions in Ethiopia Generally and in Africa Specifically ... · PDF file · 2012-05-01Environmental Problems and Solutions in Ethiopia Generally and in

Environmental Problems and Solutions in Ethiopia Generally and in Africa Specifically

*YARED BEYENE (LL.B Degree); Jimma University, Law Faculty, Ethiopia. E-mail: [email protected]/P.o.box 42144, Addis Ababa, Ethiopia Mob: +251-0920-71-55-68/ +251-0911-50-98-61/ +251-0911-72-19-40

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ENVIRONMENTAL PROBLEMS AND SOLUTIONS IN ETHIOPIA

GENERALLY AND IN AFRICA SPECIFICALLY

(A case study on Ethiopia)

Advisor: Mr. Yenehun Birlie (LL.M, Environmental Law), Alabama University, U.S.A

BY: YARED BEYENE* (LL.B, Expert in Environmental Law)

Jimma University, Faculty of Law

November, 2009G.C

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Environmental Problems and Solutions in Ethiopia Generally and in Africa Specifically

*YARED BEYENE (LL.B Degree); Jimma University, Law Faculty, Ethiopia. E-mail: [email protected]/P.o.box 42144, Addis Ababa, Ethiopia Mob: +251-0920-71-55-68/ +251-0911-50-98-61/ +251-0911-72-19-40

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Table of Contents

Page Numbers

Abbreviations……………………………………………………………..3

1. Introduction……………………………………………………………4

2. Background of the Study…………………………………………8

3. Environmental Problems in Africa…………………………..14

4. Environmental Problems in Ethiopia……………………….18

5. General Solutions for Environmental Problems in Ethiopia and in Africa…………………………………………………………………………20

6. The Policy Goal, Objectives and Guiding Principle for Environmental Protection…………………………………………………………………..28

7. Ethiopian National Policy, Objectives and Principles for Environmental Protection…………………………………………….33

8. Implementation of the Case Study……………………………35

9. Conclusion and Recommendation……………………………..38

References……………………………………………………………………41

List of National and International Laws…………………………42

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Environmental Problems and Solutions in Ethiopia Generally and in Africa Specifically

*YARED BEYENE (LL.B Degree); Jimma University, Law Faculty, Ethiopia. E-mail: [email protected]/P.o.box 42144, Addis Ababa, Ethiopia Mob: +251-0920-71-55-68/ +251-0911-50-98-61/ +251-0911-72-19-40

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Abbreviations AAEPB- Addis Ababa Environmental Protection Bureau

ADR- Alternative Dispute Resolution

AEC- African Environmental Campaign

CDM- Clean Developing Mechanism

CER- Certified Emissions Reduction

EEC- Ethiopian Environmental Campaign

EIA- Environmental Impact Assessment

EPA- Environmental Protection Authority of Ethiopia

ESTC- Ethiopian Scientific and Technological Cooperation

FDRE- Federal Democratic Republic of Ethiopia

GHG- Green House Gas

IPCC- Intergovernmental Panel on Climate Changes

NGO- Non-Governmental Organization

UNEP- United Nations Environmental Program

UNFCCC- United Nations Framework Convention on Climate Change

WSSA- World summit on Sustainable Development

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Environmental Problems and Solutions in Ethiopia Generally and in Africa Specifically

*YARED BEYENE (LL.B Degree); Jimma University, Law Faculty, Ethiopia. E-mail: [email protected]/P.o.box 42144, Addis Ababa, Ethiopia Mob: +251-0920-71-55-68/ +251-0911-50-98-61/ +251-0911-72-19-40

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1. INTRODUCTION OF THE STUDY

The protection and improvement of the human environment is a major issue which affects the well- being of peoples and economic development throughout the world; it is the urgent desire of the peoples of the whole world and the duty of all governments. In this case study, unless the context otherwise requires, the following terms and expressions shall have the following meaning:

‘’Environment’’ means the totality of all materials whether in their natural state or modified or changed by humans, their external spaces and the interactions which affect their quality or quantity and the welfare of human or other living beings, including but not restricted to, land, atmosphere, weather and climate, water, living things, sound, odour, taste, social factors, and aesthetics

“Environmental Protection” means the protection of land, water, air and similar other environmental resources, factors and conditions which affect the life and development of all organisms including human beings.

“Environmental Management” means the study, protection and conservation as well as the control of the utilization of the environment in general.

‘’Pollution’’ means any condition which is hazardous or potentially hazardous to human health, safety, welfare or to living things created

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Environmental Problems and Solutions in Ethiopia Generally and in Africa Specifically

*YARED BEYENE (LL.B Degree); Jimma University, Law Faculty, Ethiopia. E-mail: [email protected]/P.o.box 42144, Addis Ababa, Ethiopia Mob: +251-0920-71-55-68/ +251-0911-50-98-61/ +251-0911-72-19-40

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by and altering any physical, radioactive, thermal, chemical, biological or other property of any part of the environment in contravention of any condition, limitation or restriction made under international and national laws.

‘’ Pollutant’’ means any substance whether liquid, solid or gas which directly or indirectly:

1. Alters the quality of any part of the receiving environment so as to affect its beneficial use adversely; or

2. Produces toxic substances, diseases, objectionable odour, radioactivity, noise, vibration,, heat, or any other phenomenon that is hazardous or potentially hazardous to human health or to other living things.

‘’ Hazardous material’’ means any substance in solid, liquid or gaseous state, or any plant, animal or microorganism that is injurious to human health or the environment.

‘’Release’’ means placing any pollutant in the environment in any way be it intentionally or otherwise.

‘’Effluent’’ means waste water, gas or other fluids treated or untreated, discharged directly or indirectly in to the environment.

At the beginning, human being was looking forward to his industrial development and economical advancement only. As these developments increased, he then noticed the significant changes of his immediate environment, also changes in the biosphere, threatening the

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Environmental Problems and Solutions in Ethiopia Generally and in Africa Specifically

*YARED BEYENE (LL.B Degree); Jimma University, Law Faculty, Ethiopia. E-mail: [email protected]/P.o.box 42144, Addis Ababa, Ethiopia Mob: +251-0920-71-55-68/ +251-0911-50-98-61/ +251-0911-72-19-40

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survival of species and ecosystems and the upper atmosphere which influence the climate of the entire planet. Although it is difficult to divide and tell about the boundaries of some environmental problems and their effects, they are divided in to regional, national and global.

The natural growth of population continuously presents problems for the preservation of the environment, and adequate policies and measures should be adopted, as appropriate, to fact these problems, of all things in the world. Economic and social development is essential for ensuring a favorable living and working environment for man and creating conditions on earth that are necessary for the improvement of the quality of life. Now, let us see major current global environmental problems;

Current Global Environmental Problems

1. Desertification. 2. Greenhouse effect and Global warming. 3. Tran’s boundary Movements of Hazardous Wastes and their

Disposal.

4. Stratospheric Ozone Depletion.

5. Radioactivity’s.

6. Global loss of Biodiversity.

7. Transfer, handling and use of the living modified organisms.

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Environmental Problems and Solutions in Ethiopia Generally and in Africa Specifically

*YARED BEYENE (LL.B Degree); Jimma University, Law Faculty, Ethiopia. E-mail: [email protected]/P.o.box 42144, Addis Ababa, Ethiopia Mob: +251-0920-71-55-68/ +251-0911-50-98-61/ +251-0911-72-19-40

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8. Air pollution (global emissions of sulphur dioxide, nitrogen oxides and hydrocarbons.

9. Industrial Pollution and Pollution due to trace- metals.

10. Hazardous Chemicals and Pesticides.

11. Coastal and Marine Pollution (Marine environment from land and based activities).

12. Upper atmospheric Pollution (partly due to the emission of civil and military air craft as well as damaged rockets and satellites).

13. Deforestation

14. Climate change etc.

Environmental Problems of Different Regions and Continents

As a matter of fact pollution knows no boundaries. Air pollution, for instance has no regional limitation. The reduction of rainforests and the effects on the earth ecosystem and the whole ecological changes in our world are important issues which concerns us all. Further more, biological diversity and desertification are not only problems of the developing world, but also the industrialized countries. Despite all these environmental facts, the problems are yet classified as regional, national, continental or global. For instance, river and Lake Cutrophication caused by excess phosphorous and nitrogen from agriculture and domestic and industrial effluents as well as acidic rain,

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Environmental Problems and Solutions in Ethiopia Generally and in Africa Specifically

*YARED BEYENE (LL.B Degree); Jimma University, Law Faculty, Ethiopia. E-mail: [email protected]/P.o.box 42144, Addis Ababa, Ethiopia Mob: +251-0920-71-55-68/ +251-0911-50-98-61/ +251-0911-72-19-40

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are considered as Pan- European or as problems of the developed

world.

A. Land degradation B. Drought C. Soil-erosion D. Forest degradation (to obtain fuel wood and for other activity) E. Tropical rainforest depletion through logging and clearance for cultivation, for commercial, and resettlement activities F. Air pollution in cities and megacities G. Inadequate water, ground water and fresh water problems are considered to be environmental problems of the developing world.

2. BACKGROUND OF THE STUDY

The majority of world’s peoples and governments believe that a climate change poses a high level threat to human beings and to the natural environment. Successive scientific reports, notably from the Intergovernmental Panel on Climate Changes (IPCC), suggest that “there is a high level influence of human beings on the world environment” and this high level influence cause an over all degradation of the natural environment and to the rising of world atmospheric temperature. The Earth’s climate has always changed naturally over time. Variability in our planet’s orbit alters its distance from the Sun, which has given rise to major Ice Ages and intervening warmer periods.

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Environmental Problems and Solutions in Ethiopia Generally and in Africa Specifically

*YARED BEYENE (LL.B Degree); Jimma University, Law Faculty, Ethiopia. E-mail: [email protected]/P.o.box 42144, Addis Ababa, Ethiopia Mob: +251-0920-71-55-68/ +251-0911-50-98-61/ +251-0911-72-19-40

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A 2007 report released by the IPCC declared climate change-or more specifically global warming-to is “unequivocal” and “most likely” due to human activity. The report stated that the Earth’s temperature has risen approximately 0.74 degrees over the past century, and is projected to further rise by 0.2 degrees every decade if we continue to over-emit green house gases.

According to the last IPCC report, it is more than 90% probable that humankind is largely responsible for modern-day climate change. The principal cause is burning fossil fuels-coal, oil and gas. This produces carbon dioxide (CO2), which-added to the CO2 present naturally in the Earth’s atmosphere-acts as a kind of blanket, trapping more of the Sun’s energy and warming the Earth’s surface. Deforestation and processes that release other greenhouse gases such as methane also contribute.

Although the initial impact is a rise in average temperatures around the world - “global warming” - this also produces changes in rainfall patterns, rising sea levels, changes to the difference in temperatures between night and day, so on. This more complex set of disturbances has acquired the label “climate change’ –some times more accurately called “anthropogenic (human-made) climate change”.

“Greenhouse gases” are naturally present in the Earth’s atmosphere’ and are responsible for warming the planet about 33 degrees (Celsius) higher than the temperature would be otherwise. They constitute only one percent of the atmosphere, but cover and warm the Earth like a

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Environmental Problems and Solutions in Ethiopia Generally and in Africa Specifically

*YARED BEYENE (LL.B Degree); Jimma University, Law Faculty, Ethiopia. E-mail: [email protected]/P.o.box 42144, Addis Ababa, Ethiopia Mob: +251-0920-71-55-68/ +251-0911-50-98-61/ +251-0911-72-19-40

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blanket. Water vapour, carbon dioxide, methane, nitrous oxide, ozone and fluorocarbons are the most abundant atmospheric gases.

The heating effect occurs because short-wave solar radiation passes through the atmosphere and hits the surface of the earth, which causes long-wave infrared radiation (heat) to rise from the surface. Some of the radiation attempting to travel back to space gets trapped in the atmosphere by atmospheric gases. The GHG effect is a natural process on the planet, but it has been amplified since the onset of the Industrial Revolution in the late 18th century.

Carbon dioxide is the biggest contributor to this exaggerated GHG effect, simply because it is the gas most often emitted through human activity. The burning of fossil fuels –coal, oil, and natural gas -release excess carbon dioxide in to the atmosphere. As this excess gas build up, it traps more infrared radiation and overheats the Earth. The United Nation Framework Convention on Climate Change (UNFCCC) Attributes over 60 percent of the enhanced greenhouse effect to carbon emissions.

A replacement for the Kyoto Protocol, an international agreement to counter climate change, is set to be mapped-out in December 2009. The Kyoto Protocol was adopted in 1997 and put in to full effect in 2005, with 141 countries ratifying it. The main stipulation of the protocol was to limit greenhouse gas (GH) emissions. To date, there are a total of 183 countries that have endorsed the agreement.

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Environmental Problems and Solutions in Ethiopia Generally and in Africa Specifically

*YARED BEYENE (LL.B Degree); Jimma University, Law Faculty, Ethiopia. E-mail: [email protected]/P.o.box 42144, Addis Ababa, Ethiopia Mob: +251-0920-71-55-68/ +251-0911-50-98-61/ +251-0911-72-19-40

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The Kyoto Protocol introduced the Clean Developing Mechanism (CDM), a system that allows one of the 37 countries committed to lowering GHG levels to establish an emission-reduction project in a developing country and receive free carbon credits- also referred to as Certified Emission Reduction (CER) credits. This program, the first of its kind, is meant to provide relief to those countries that cannot combat climate change on their own. Two years ago, at the UN climate talks held in Bali, governments agreed to start work on a new global agreement. The Copenhagen talks mark the end of that two-year period.

When the first period of the Kyoto Protocol runs out in 2012, the 15th annual UNFCCC conferences of parties will be held in Copenhagen, Denmark, to determine another international climate agreement. There will also be at least three other major UNFCCC Conferences during that year. Governments hope to leave the Danish capital having completed the new deal. The talks are technically known as the 15th Conference of the parties to the United Nations Framework Convention on Climate Change (UNFCCC) - often abbreviated to COP 15.

The areas that are most responsible for global warming are the industrialized countries in North America and Europe. The Kyoto Protocol recognized that industrialized countries must be the ones to abate and reverse global warming, and thus committed 37 developed countries, to carbon emission limitations and cutbacks. The plan involves to reducing GHG emissions by 5.2% from 1990 levels between the years 2008 and 2012.

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Environmental Problems and Solutions in Ethiopia Generally and in Africa Specifically

*YARED BEYENE (LL.B Degree); Jimma University, Law Faculty, Ethiopia. E-mail: [email protected]/P.o.box 42144, Addis Ababa, Ethiopia Mob: +251-0920-71-55-68/ +251-0911-50-98-61/ +251-0911-72-19-40

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The United States, the biggest producer of GHGs, is responsible for a quarter of excess emissions, but has refused to ratify the Kyoto Protocol. Instead, the country claims to be fighting claims change on its own terms. American President – elect Barack Obama has promised to cut GHG emissions by establishing a cap and trade system. Large companies throughout the country will have a limit to the amount of GHGs they can emit, and if they are under the limit, they may sell their “credits” to other companies.

The Copenhagen summits with in the framework of the UNFCCC, established at the Rio de Janeiro Earth Summit in 1992. In 1997, the UNFCCC spawned the Kyoto Protocol. But neither of these agreements can curb the growth in greenhouse gas emissions sufficiently to avoid the climate impacts projected by the IPCC. In particular, the Kyoto Protocol’s targets for reducing emissions apply only to a small set of countries and expire in 2012. Governments want a new treaty that is bigger, bolder, wider-ranging and more sophisticated than the Kyoto Protocol. In June, the G8 and a number of large developing countries agreed that the average temperature rise since pre-industrial times should be limited to 2C (3.6F). In principle, they are looking to the Copenhagen treaty to curb the growth in greenhouse gas emissions enough to keep the world with in that limit. Industrialized nations will set targets for reducing their greenhouse gas emissions in order to mitigate climate change.

The key date for these commitments is 2020, although some countries are looking beyond that, to 2050. Australia, EU, New Zealand have

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Environmental Problems and Solutions in Ethiopia Generally and in Africa Specifically

*YARED BEYENE (LL.B Degree); Jimma University, Law Faculty, Ethiopia. E-mail: [email protected]/P.o.box 42144, Addis Ababa, Ethiopia Mob: +251-0920-71-55-68/ +251-0911-50-98-61/ +251-0911-72-19-40

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already said what they are prepared to do by 2020. Richer countries also likely to be asked to constrain their to be thrashed out over the coming months or years adjournment of the COP, probably until midway through 2010 breakdown. Almost every government attending the talks wants a deal, and they went it soon, in order that all the essential ingredients are agreed by the time the Kyoto Protocol’s targets expire in 2012. But many details remain to be worked out; and as any treaty must be agreed by consensus, there is lots of potential for disagreement, and any single country can derail negotiations.

The global average temperature has already risen by about 0.7C since pre- industrial times. In some parts of the world this is already having impacts – and a Copenhagen deal could not stop those impacts, although it could provide funding to help deal with some of the consequences. Greenhouse gases such as CO2 stay in the atmosphere for decades; and concentrations are already high enough that further warming is almost inevitable. Many analyses suggest an average rise of 1.5C since pre- industrial times is guaranteed.

A strong Copenhagen deal might keep the temperature rise under 2C; but given uncertainties in how the atmosphere and oceans respond to rising concentrations of greenhouse gases, it might not. This is why developing countries put such an emphasis on adaptation, which they argue is necessary already. IPCC figures suggest that to have a reasonable chance of avoiding 2C, global emissions would need to peak and start to decline within about 15-20 years. Currently, the cuts pledged by industrialized nations are not enough to halt the overall

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Environmental Problems and Solutions in Ethiopia Generally and in Africa Specifically

*YARED BEYENE (LL.B Degree); Jimma University, Law Faculty, Ethiopia. E-mail: [email protected]/P.o.box 42144, Addis Ababa, Ethiopia Mob: +251-0920-71-55-68/ +251-0911-50-98-61/ +251-0911-72-19-40

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global rise in emissions. Whatever happens in Copenhagen, further meetings will almost certainly be necessary to finalize the ‘’rules’’ of any new treaty. Further ahead, at some point governments will almost certainly begin the process of securing the deal after Copenhagen.

3. Environmental Problems in Africa Environmental problems constitute one of the key challenges on the African continent in the 21st century. Focus is gradually shifting from politics, wars, HIV - Aids, and poverty to environmental issues. This is mainly the result of the development of new technologies, which has generated an increase solid mineral mining, oil exploration, an increase in the number of plants and factories, and the overall upsurge in the application of manufacturing tools. The quality and richness of terrestrial, fresh water, and marine environments have been polluted and subsequently declined. It is therefore safe to say that new developments in industry and manufacturing are the root causes of environmental degradation over the past three decades. This has been exacerbated by rapid population growth, urbanization, energy consumption, overgrazing, over cultivation of lands, and industrial advancement engendered by globalization.

Environmental problems in Africa are therefore partly anthropogenic or human- induced (through not necessary by Africans), which is the result of the effect of chemicals and human waste on all forms of ecological and human life. But natural causes cannot be overlooked and consists of:

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Environmental Problems and Solutions in Ethiopia Generally and in Africa Specifically

*YARED BEYENE (LL.B Degree); Jimma University, Law Faculty, Ethiopia. E-mail: [email protected]/P.o.box 42144, Addis Ababa, Ethiopia Mob: +251-0920-71-55-68/ +251-0911-50-98-61/ +251-0911-72-19-40

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• Earthquakes( the Great Rift Valley is geologically active and particularly susceptible to this phenomenon)

• Erosion

• Deforestation

• Desertification

• Drought

• Water shortages resulting from the dry season

• Hot springs and active volcanoes are also found to the extreme east of the Rift Valley

The socioeconomic impact of environmental deterioration on Africa continues to pose a major problem to development, stability, and daily lifestyles. Africa has contributed less than any other region to greenhouse gas emissions that are widely held responsible for global warming. But the continent is also the most vulnerable to the consequences. Other dire consequences of environmental degradation include:

• Depletion of farming lands.

• Depletion of natural habitat for aquatic and land animals.

• Decline in biological diversity (the variety of all life on earth, the complex relationships among living things, and the relationships between living things and their environment.)

• Aquatic pollution, adversely affecting the livelihood of fishing communities and destroying fish and other water creatures (at the 2002 World Summit on Sustainable Development (WSSD) which was held in South Africa, the causes of water pollution were

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Environmental Problems and Solutions in Ethiopia Generally and in Africa Specifically

*YARED BEYENE (LL.B Degree); Jimma University, Law Faculty, Ethiopia. E-mail: [email protected]/P.o.box 42144, Addis Ababa, Ethiopia Mob: +251-0920-71-55-68/ +251-0911-50-98-61/ +251-0911-72-19-40

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cited as: oil transmission through shipping ports, poor water resource management, absence regional and basin development plans, and underestimation of the groundwater potential to supplement irrigation and drinking water supplies.)

• Land pollution, adversely affecting the livelihood of farming communities.

• Famine

• Desertification

• General health problems caused by aquatic and atmospheric pollution( the latter is partly the result of the size of the rain forest, which stabilizes soils, recycles nutrients, and regulates the quality and flow of water.)

• Endangering animals like Ethiopian Wolves, Lions and Gelada Baboons.

Environmental challenges are aggravated by population growth in Africa. At approximately 2.2% annually, sub-Saharan Africa has one of the world’s fastest growing populations. By the year 2025 the population of Africa is estimated to be over a billion. This means that environmental problems could double or triple. Like increased populations, poverty, another major problem on the African continent, also leads to a greater exploitation of natural resources for survival, and this worsens the environmental problems with the degradation of agriculture and arable lands, and mismanagement of available water resources. Energy consumption in sub-Saharan Africa varies dramatically and dominates fuel consumption. The use of wood

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Environmental Problems and Solutions in Ethiopia Generally and in Africa Specifically

*YARED BEYENE (LL.B Degree); Jimma University, Law Faculty, Ethiopia. E-mail: [email protected]/P.o.box 42144, Addis Ababa, Ethiopia Mob: +251-0920-71-55-68/ +251-0911-50-98-61/ +251-0911-72-19-40

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for fuel is predominant in both rural and urban locations and accounts for approximately 70 percent of total energy use, which ultimately causes another problem of deforestation.

The UNFCCC reported that climate change has been observed in at least 420 physical processes and biological species or communities. Such changes include earlier mating seasons in animal species and the migration of some plant species to remain in the same temperature zone. It also described how global warming is aiding the spread of vector-borne diseases- diseases transferred from one individual to another by arthropods. Malaria and cholera are making further advances into Africa, dengue fever and Lyme disease are spreading in the Tropics and Africa, and the West Nile virus-originally a tropical disease- has found its way to North America.

Unfortunately, the areas that are the least responsible for global warming are the areas that suffer the most from it. Developing countries in Africa and in the Tropics are the most vulnerable to climate- induced changes, for they lack the basic resources to handle weather- related disasters. The developing world faces disease and shortages of food and water, and most economic development is fettered by climate change. To put the African environmental problem in proper perspective, now let us see Ethiopian environmental problem.

In the developing countries like Ethiopia most of the environmental problems are caused by under- development. Millions continue to live far below the minimum levels required for a decent human existence, deprived of adequate food and clothing, shelter and education, health

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Environmental Problems and Solutions in Ethiopia Generally and in Africa Specifically

*YARED BEYENE (LL.B Degree); Jimma University, Law Faculty, Ethiopia. E-mail: [email protected]/P.o.box 42144, Addis Ababa, Ethiopia Mob: +251-0920-71-55-68/ +251-0911-50-98-61/ +251-0911-72-19-40

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and sanitation. Therefore, the developing countries like Ethiopia must direct their efforts to development, bearing in mind their priorities and the need to safeguard and improve the environment. For the same purpose, the industrialized countries should make efforts to reduce the gap themselves and the developing countries, environmental problems are generally related to industrialization and technological development.

4. Environmental Problems in Ethiopia

Many regions in Ethiopia are affected by deforestation and a high degree of desertification. Greenhouse effect, warming (rising of atmospheric temperature), loss of biodiversity, air, water and soil pollution, soil degradation, reduction of surface water and fresh water problem, an increase number of crop failures, wind and ice damage to crops, erosion, industrial pollution, hazardous chemicals and pesticides, coastal and marine pollution and general climate change etc. are major environmental problems of Ethiopia like most African countries.

Ethiopia is ancient country practicing crop cultivation for centuries. As a consequence and because of population growth coupled with changing climate conditions over the past several decades, environmental degradation has drastically affected the natural resources and socio-economic infrastructure of the country. It is worth while to consider the environmental challenges of Ethiopia in the rural and urban setting.

In the rural setting, massive deforestation and de- vegetation takes place for want of cultivable land to accommodate the increasing rural

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Environmental Problems and Solutions in Ethiopia Generally and in Africa Specifically

*YARED BEYENE (LL.B Degree); Jimma University, Law Faculty, Ethiopia. E-mail: [email protected]/P.o.box 42144, Addis Ababa, Ethiopia Mob: +251-0920-71-55-68/ +251-0911-50-98-61/ +251-0911-72-19-40

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population. This has exposed the soil for wind and running water erosions thus depleting the soil nutrients. Timber, lumber and other forest products demands of the urban centers are also a major cause for deforestation in Ethiopia.

Although the industrial sector is said to be at its infant stage in Ethiopia, the few that are in and around the urban centers especially Addis Ababa, the capital city, are releasing untreated effluent/discharge into the stream and other water bodies. For example, the textile, tannery and iron tools industries are polluting the environment of the Akaki river systems and underground water in south- east of Addis Ababa.

Lack of sufficient system and regulation for the management of hazardous wastes, chemicals and radioactive substances. In addition lack of environmental awareness concerning the linkage between environment and development in general, weak participation of the people and community based organizations in environmental management activities are some of the environmental challenges, Ethiopia is facing now-a-day.

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Environmental Problems and Solutions in Ethiopia Generally and in Africa Specifically

*YARED BEYENE (LL.B Degree); Jimma University, Law Faculty, Ethiopia. E-mail: [email protected]/P.o.box 42144, Addis Ababa, Ethiopia Mob: +251-0920-71-55-68/ +251-0911-50-98-61/ +251-0911-72-19-40

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5. General Solutions for Environmental Problems in Ethiopia and in Africa N.B the solutions here in after to Ethiopia is applied in the same manner for other African countries.

1. Protecting Forest Resources

The life of millions of people in Ethiopia (Africa) depends on the rainforest found in different parts of the country. So, the government and the people of Ethiopia jointly and severally protect rainforest resources in Ethiopia (Africa) by;

1.1. Reducing the rate of forest degradation and loss of bio-diversity through protected area management.

1.2. Achieving sustainable use of forest by the local inhabitants. 1.3. Improve logging policies 1.4. Supporting a network of effectively managed protected areas 1.5. Organized major logging companies to improve forest

management practices. 2. Conserving Biodiversity

Most of Ethiopian’s rural and urban poor people depend almost entirely on natural resources. The government, the people, Ngo’s and international community have a duty to conserve biodiversity in Ethiopia (Africa) and in surroundings by,

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2.1. Addressing the links between environment and urban-rural poverty alleviation in Ethiopia (Africa).

2.2. Enhancing the capacity of local communities to participate in sustainable use of biodiversity.

2.3. Supporting the placement of additional hectares of land under conservation management.

2.4. Demonstrating local communities’ commitment to participate fully in community based conservation of biodiversity.

2.5. Promoting sustainable use of biodiversity (forest and water).

2.6. Helping to improve urban- rural livelihoods while conserving biodiversity.

3. Protecting the Environment while Helping Communities

More than 70% of people in Ethiopia (Addis Ababa) and surroundings is living under poverty and totally depend on natural resources for their livelihoods. All share holders for environmental protection protect the environment by;

3.1. Developing business plans that generate income for the local communities

3.2. Supporting the coordination and integration of national policies and laws governing the protection and conservation of the entire environment.

3.3. Creating additional full and part time jobs for local inhabitants

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4. Promoting Sustainable Use of Natural Resources

Limited job opportunities in Ethiopia (Addis Ababa) have contributed to the majority residents in Addis Ababa becoming dependent on natural resources. So each and every share holders must promote sustainable use of natural resources by,

4.1. Helping the community to manage natural resources in sustainable manner.

4.1. Improve community based forest management. 4.2. Strengthening the skills of community based organizations for

planting of trees and protects the environment. 4.3. Enacting more strong laws for the protection of the

environmental 4.4. Promote income generating activities involving the

sustainable use of natural resources. 4.5. Reducing conflicts between the community because of trees,

land and water. 4.6. Strengthen Environmental Management System (EMS)

5. Improving livelihoods and Natural Resource Management

The government of Ethiopia, the people, NGO’s and others shall have the duty and responsibility the livelihoods of the community and natural resource management by,

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5.1. Helping the local community to manage their natural resources in a more sustainable manner.

5.2. Expanding trade opportunities for the local people 5.3. Empowering local community on the management and

protection of natural resources 5.4. Promoting women’s democratic participation on

environmental protection activities. Women’s have a vital role in environmental management and development. Their full participation is therefore essential to achieve sustainable development.

5.5. Providing a dozen forestry service agents with professional forest management.

5.6. Assuring the benefits of the local community from the government.

6. Environmental Education to the society In order to prompt environmentally sound sustainable development in Ethiopia (Africa), environmental education is highly essential. The educational system, starting from the elementary school up to the university level, should remains as an integral part of such development. Thus, to teach the theory and the practice of environmental education, curriculum has to be prepared for schools. At the university level, environmental law, environmental science and environmental management system etc. has to be given.

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7. To Teach, educate and Inform the Public about Environmental Protection(Conservation) and Plantation(Care) of Trees

The Federal and city government of Addis Ababa, NGO’s jointly and severally to teach and educate the whole people in Ethiopia and around Addis Ababa about environmental protection, plantation and care of trees as well as the values and the orientation of the environmentalist. The mass and news media must participate in the Ethiopian (African) Environmental Campaign (EEC or AEC). Heavy emphasis will be given for the participation of the community on environmental protection and this to help for the treatment of the problem from the ground. The encouragement of the society in workshops and seminars for the protection of environment will be helpful.

8. Research on Environmental Protection

Scientific research and development in the context of environmental problems, both national and multinational, must be promoted in all countries, especially the developing countries like Ethiopia. In this connection, the free flow of up- to- date scientific information and transfer of experience must be supported and assisted, to facilitate the solutions of environmental problems; environmental technologies should available to developing countries on terms which would encourage their wide dissemination without consulting an economic burden on the developing countries.

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To determine about the implementation, development, assessment and to analyze the aims and the objectives of the national environmental and regional programs in Ethiopia (Africa) research is needed. Although research is required for several reasons, the bolstering of Ethiopian Scientific and Technological Cooperation (ESTC) with other countries is needed, if the country has to react to current threats to the environment and also to show its interest in improving the environment as well as strengthen its role in the coordination of environmental activities especially in Africa and the world as a whole.

Effort has to be made to organize and establish Ethiopian Environmental Society (EES) and African Environmental Society (AES). The society in cooperation

with other groups,

• Search solutions to obtain better environment

• Prepares environmental training and workshops

• Analyze pollution and waste problems

• Develop production and consumption theory. Furthermore, different working groups within the society can be organized. For example:

• Desertification and Drought Council

• Committee for Sea, River, Lake

• Ground and Drinking –Water Research,

• Industrial Waste Research Group

• Biodiversity Group

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• Air and Climate Change Group

• Pollution Analyst Group

• Alternative Energy Research Group

• Agro forestry Group

• Environmental Hazardous Chemicals Group, etc.

9. Cooperation Between the Polluting and the Polluted States States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental and developmental policies, and the responsibility to ensure that activities with in their jurisdiction or control do not cause damage to the environment of other states or of areas beyond the limits of national. International matters concerning the protection and improvement of the environment should be handled in a cooperative spirit by all countries, big and small, on an equal footing. Cooperation through multilateral or bilateral arrangements or other appropriate means is essential to effectively control, prevent, reduce and eliminate adverse environmental effects resulting from activities conducted in all spheres; in such a way that due account is taken of the sovereignty and interest of all states. States shall cooperate to develop further the international law regarding liability and compensation for the victims of pollution and other environmental damage caused by activities within the

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jurisdiction or control of such states to areas beyond their jurisdiction. The polluting and the polluted states shall work together in the protection of the global and regional environment. The polluting states must pay compensation and damage recovery to the polluted states fro the past, present and future pollution. And polluting states legally prohibited from future pollution by international law.

10. United Nation and other International and Regional organizations enact more Strong and Binding Laws for the protection of the Global Environment

Binding and strong laws at the international level must provide strict mechanisms and procedures and penalties for the protection of global environment and reinstatement (compensation) for environmental damages. These laws shall setting common standards for prevention or mitigation of harm and provide procedures for;

• Compliance with treaties and customary rules

• Supervising the implementation of this treaties

• Dispute settlement mechanisms

• International reduction of Carbon- dioxide emissions to the atmosphere.

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6. The Policy Goal, Objectives and Guiding Principle for Environmental Protection

5.1. The Overall Policy Goal

The environmental policies of all states should enhance and not adversely affect the present or future development potential of developing countries, nor should they hamper the attainment of better living conditions for all. The overall policy goal is to improve and enhance to a clean and healthy environment for all Ethiopians (Africans) and to promote sustainable social and economic development through the sound management and use of natural and human-made resources and the environment as a whole so as to meet the needs of the present generation without compromising the ability of future generations to meet their own needs.

5.2. Specific Policy Objectives

The Policy seeks to;

A. Prevent the pollution of the atmosphere, plants, land, water and aquatic life etc .in the most cost- effective way.

B. Ensure the empowerment and participation of the people and their organizations at all levels in the protection of environment.

C. Raise public awareness and promote understanding of the essential linkages between environment and development.

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D. Improve the environment of human settlements to satisfy physical and economical needs of their inhabitants on a sustainable base.

E. Ensure that essential natural resources, the world environment and life support systems are sustained, environmental diversity is preserved and renewable natural resources are used in such a way that their regenerative and productive capabilities are maintained and where possible enhanced so that the satisfaction of the needs of future generations is not compromised; where this capability is already impaired to seek through appropriate interventions to restore that capability.

5.3. The Key Guiding Principles

Underlying these broad policy objectives are a number of key principles. Establishing and clearly defining these guiding principles is very important as they will shape all subsequent policy, strategy and program formulations and their implementation. Sectoral and cross-sectoral policies and environmental elements of other macro policies will be checked against these principles to ensure consistency.

The key Guiding Principles are:

A. Every person has the right to live in a clean and healthy environment.

B. Sustainable environmental condition and economic production systems are impossible in the absence of peace and personal security. This shall be assured through the acquisition of power by

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communities to make their own decisions on matters that affect their life and environment;

C. The development, use and management of renewable resources shall be based on sustainability;

D. The use of non-renewable resources shall be minimized and where possible their availability extended (e.g. through recycling);

E. Appropriate and affordable technologies which use renewable and non-renewable resources efficiently shall be adopted, adapted, developed and disseminated;

F. When a compromise between short-term economic growth and long-term environmental protection is necessary, then development activities shall minimize degrading and polluting impacts on ecological and life support systems. When working out a compromise, it is better to err on the side of caution to the extent possible as rehabilitating a degraded environment is very expensive, and bringing back a species; that has gone extinct is impossible;

G. Full environmental and social costs (or benefits forgone or lost) that may result through damage to resources or the environment as a result of degradation or pollution shall be incorporated into public and private sector planning and accounting, and decisions shall be based on minimizing and covering these costs;

H. Market failures with regarding to the pricing of natural and human-made resources, and failures in regulatory measures shall be corrected through the assessment and establishment of users fees, taxes, tax reduction

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I. Commissions shall be created that will support community and individual resource users to sustainably manage their own environment and resource;

J. As key actors in natural resource use and management, women shall be treated equally with men and empowered to be totally involved in policy, program and project design, decision making and implementation;

K. The existence of a system which ensures uninterrupted continuing access to the same piece(s) of land and resource creates conducive conditions for sustainable natural resource managements;

L. Social equity shall be assured particularly in resource use; M. Regular and accurate assessment and monitoring of

environmental conditions shall be disseminated within population;

N. Increased awareness and understanding of environmental and resource issues shall be promoted by policy makers, by government officials and by the population, and the adoption of a “conservation culture” in environmental matters among all levels of society shall be encouraged;

O. Local, regional and international environmental interdependence shall be recognized;

P. Natural resource and environmental management activities shall be integrated laterally across all sectors and vertically among all levels of organizations;

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Q. Species and their variants have the right to continue existing, and are, or may be, useful now and/or for generations to come;

R. The wealth of crop and domestic animal as well as micro-organisms and wild plant and animal germplasm is an invaluable and inalienable asset that shall be cared for; and

S. The integrated implementation of cross-sectoral and sectoral federal, regional and local policies and strategies shall be seen as a prerequisite to achieving the objectives of this policy on the environment.

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7. Ethiopian National Policy, Objectives and Principles for Environmental Protection The 1995 Constitution of the Federal Democratic Republic of Ethiopia and the National Economic Policy and Strategy have recognized and given due attention to environmental protection. The overall policy goal is to improve and enhance the health and quality of life of all Ethiopians and to promote sustainable social and economic development through the sound management and use of natural and human-made resources and the environment.

The objectives of the Environmental Policy in particularly aimed at:

1. Preventing the pollution of the atmosphere, air, earth and water. 2. Improving the environment of human settlement to satisfy the

needs of their inhabitants on a sustainable basis. 3. Ensuring the participation of the people at all levels in+

environmental management activities. 4. Raising public awareness on environmental issues. 5. Ensuring the essential environmental process and life support

system are sustained, biological diversity is preserved and renewable natural resources are used.

These positive Constitutional and policy concepts however, have not been matched by appropriate institutions to give them life, as it were. Federal as well as Regional agencies are not able to fulfill these objectives. Institutional capacity building in the field of environmental

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protection is the major problem. The relation of Federal agencies with that of Regions and Region to Region relation need more clarity and harmony. Regional level institutions in particular do not have;

• Trained/ skilled manpower and

• Adequate financial resources to realize their environmental objectives. Regional institutions are also expected to follow the federal environmental policy and strategy. Theoretically, there is less difficult which will be tested practically in the future.

Article 44 of FDRE Constitution on the title ‘’Environmental Rights’’ proclaim as follows;

Article 44(1) declares that, ‘’All Persons have the right to a clean and healthy environment’’.

Article 92 of the same Constitution proclaims the general ‘Environmental Objectives’’ of Ethiopia as follows;

Article 92(1); ‘’ Government shall endeavor to ensure that all Ethiopians live in a clean and healthy environment’’.

Article 92(2); ‘’the design and implementation of programmes and projects of development shall not damage or destroy the environment’’.

Article 92(3); ‘’People have the right to full consultation and to the expression of views in the planning and implementation of environmental policies and projects that affect them directly’’.

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Article 92(4); ‘’Government and citizens shall have the duty to protect the environment’’. Based on this article both the Federal and Regional government and the people of Ethiopia shall have a joint and a several duty to protect the global and regional environment.

8. Implementation of the Case Study

7.1 Creating Awareness, Teaching and Informing for Environmental Protection

Education in environmental matters, for the young generation as well as adults, giving due consideration to the underprivileged, is essential in order to broaden the basis for an enlightened opinion and responsible conduct by individuals and communities in protecting and improving the environment in its full human dimension. It is also essential that mass media of communications avoid contributing to the deterioration of the environment, but, on the contrary, disseminates information of an education nature on the need to project and improve the environment in order to enable mal to develop in every respect.

While addressing the overall environmental challenges of any specific area, it is important to consider that, the implementation of any kind of policy and strategy to curb global environmental problem. Creating awareness to all of share holders to environmental protection through public meetings, mass and news media by participating in the EEC and AEC.

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This is done through the encouragement of communities to involve in environmental initiatives and taking part in trainings, workshops and seminars. Any NGO’s and associations as an environment protection ‘’sympathizer’’ will facilitate this endeavor to the communities that dwell in Addis Ababa and its surroundings like;

• Entoto town *Keta town * Sululta town

• Burayu town *Akaki town * Sendafa town etc.

• Sebeta town *Kaliti town

• Bulbula town *Gefersa town

• Dukem town *Legedadi town

In accordance with the public whom directly relate the environmental problems, policy makers will play a great role in promoting a policy that support sustainable use of natural resource. It’s the job of the policy- makers to determine about the implementation, development, assessment and to analyze the aims and the objectives of the national program. Moreover, this case study could be seen as a source to shape all subsequent policy, strategy and programme.

If Ethiopia is to react to the extensive range of environmental problems, effort has to be made strengthen the institutions that deal with these issues in already existing establishments.

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1. Ethiopian Environmental Protection Authority (EPA) and

2. Addis Ababa Environmental Protection Bureau (AAEPB) through its 10 local sub- cities:-

1. Arada Sub city

2. Gulele Sub city

3. Addis- Ketema Sub city

4. Yeka Sub city

5. Lideta Sub city

6. Nifas- Silik- Lafto Sub city

7. Kolfe- Keranio Sub city

8. Akaki- Kaliti Sub city

9. Bole Sub city

10. Kirkose Sub city

Search solutions for environmental problems; analyze pollution and waste problems for better environment and well being. They will prepare environmental training, seminars and workshops to the personnel; who take part in and around these establishments, to curbing the latest environmental problem.

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9. Conclusion and Recommendation To achieve the overall global environmental goal, it will demand the acceptance of responsibility by citizens and communities and institutions at every level, all sharing equitably in common efforts. Individuals in all walks of life as well as organizations in many fields, by their values and the sum of their actions, will shape the world environment of the future. States shall cooperate in a sprit of global partnership to conserve, protect, and restore the health and integrity of the Earth’s ecosystem. In view of the different contributions to global environmental degradation, states have common but differentiated responsibilities. The Developed countries acknowledge the responsibility that they bear in the international pursuit to sustainable development in view of the pressures their societies place on the global environment and of the technologies and financial resources they command. Local and national governments will bear the greatest burden for large- scale environmental policy and action with in their jurisdictions. International cooperation is also needed in order to raise resources to support the developing countries in carrying out their responsibilities in this field. A growing class of environmental problems, because they are regional or global in extent or because they affect the common international realm, will require extensive cooperation among nations and action by international organizations in the common interest. Environmental Impact Assessment (EIA) as a national and international instrument, shall be undertaken for proposed investment activities that are likely to have a significant adverse impact on the

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environment and are subject to a decision of a competent national authority. States and the people shall cooperate in good faith and in a sprit of partnership in the fulfillment of the principles of international law for the protection and conservation of the global and regional environment and natural resources of the world. States shall also resolve their environmental disputes peacefully through judicial or alternative dispute resolution (ADR) mechanisms i.e. arbitration, negotiation, mediation and conciliation etc. and by appropriate means in accordance with the Charter of the United Nations and international agreements.

The life of millions of people in Ethiopia(Africa) depends on the natural resources( rain forest, water, air, land, animals and other biodiversity etc.) found in different parts of the country(continent) for their livelihoods. So, the peoples and the governments of Ethiopia and other African countries , NGO’s and all share holders for environmental protection and conservation shall have a joint and several duty and obligation to protect and conserve the global, regional and local environment, natural resources, and the atmosphere. The impressive and excellent environmental protection and conservation experience of the Ethiopian Orthodox Church, monasteries, mosques, embassy premises etc.; should be disseminated parallelly throughout the country and the continent.

In order to implement the aforementioned objectives, I have a strategy

of cooperation between the following environmental actors in a way that to promote and develop protection and conservation of the

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environment, the atmosphere and plantation and care of trees in which all of us actively participate for the survival of present and future generation;

1. The Federal, Regional governments and UNEP

2. The public at all

3. All religious organizations.

4. NGO’s, international organizations and international community at all.

4. City municipality

5. EPA

6. AAEPB

7. Different environmental clubs like;

-School environmental clubs

- Local environmental clubs

8. Addis Ababa Youth and Women Association

9. Youth’s and Women’s federations

10. Different Social Informal Institutions like;

- Idir -Debo - Equb - Family council etc.

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Reference

• Africa Society, March, 2008.

• Antonio Cassese, International Law (Oxford: Oxford University Press), 2001.

• Brown Weiss, The Contribution of Human Rights Law to Environmental Protection with Special Reference to Global Environmental Change,( Published in Cancado Tridade),1988.

• Dr. P. A. Chadhokar, Research Management Advisor, Bahir Dar University.

• Ethiopian Wildlife and Natural Resource History Society, Addis Ababa Environmental Education Project Training Manual, March 2002.

• FDRE Environmental Policy

• Gedion Getahun, Ph.D., Senior Analyst & Research Scientist, J. Gutenberg University, Mainz, Germany.

• Hans Chr. Bugge, International Environmental Law Teaching

Material,( University of Oslo, Faculty of Law, Department

of Public International Law), 2002.

• Islamic Principles for the Conservation of the Natural Environment (IUCN Environmental Policy and Law), 1983.

• Judicial Handbook on Environmental Law (UNEP), 2005.

• J. Weiss, Environmental Change and International Law: New Challenges and Dimensions, (UN University Press), 1988.

• Pathak, in Brown Weiss (ed.), Environmental Change and International Law, Tokyo, Japan, 1993.

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• Mekete Tekle, the Right to a Healthy Environment: International and National Perspectives, Nairobi, April 1995.

• P.W.Birnie & A.E Boyle, International Law and the Environment,

(Oxford University Press), 2001.

• The Council of Europe Convention on Civil Liability for Damage Resulting from Activities Dangerous to the Environment which was done at Lugano, 21 June 1998.

• The 1978 UNEP principles on Conservation and Harmonious Utilization of Natural Resources Shared by Two or more States.

List of International and National Laws

1. The 1968 Agreement on African Conservation of the Natural Resources

2. Declaration of the United Nations Conference on the Human Environment, Stockholm, Sweden, 1972. 3. The Comparable Asian Agreement of 1985 4. The Rio Declaration on Environment and Development, Rio de Janeiro, Argentina, 1992. 5. Tokyo Declaration on Financing Global Environment and Development, held in Tokyo, Japan, 1992. 6. Convention on the Prohibition of the Development, Production, Stock piling and Use of Chemical Weapons and on their Destruction, January 13, 1993, Paris, France.

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Environmental Problems and Solutions in Ethiopia Generally and in Africa Specifically

*YARED BEYENE (LL.B Degree); Jimma University, Law Faculty, Ethiopia. E-mail: [email protected]/P.o.box 42144, Addis Ababa, Ethiopia Mob: +251-0920-71-55-68/ +251-0911-50-98-61/ +251-0911-72-19-40

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7. United Nations Convention to Combat Desertification in those Countries Experiencing Serious Drought and- or Desertification, Particularly in Africa, 1994, Paris, France. 8. Kyoto Protocol, 1997, Kyoto, Japan

9. Rotterdam Convention on the Prior Informed Consent procedure in International Trade, September 10, 1998, Rotterdam

10. Stockholm Convention on Persistent Organic Pollutants, 22nd, May 2001, Stockholm, Sweden.

11. THE 1995 FDRE Constitution of Ethiopia

12. Institute of Biodiversity Conservation and Research Establishment Proclamation No.120/1998 of Ethiopia

13. Environmental Protection Organs Establishment Proclamation. No. 259/ 2002 of Ethiopia. 14. Environmental Impact Assessment Proclamation No.299/2002 of Ethiopia. 15. Environmental Pollution Control Proclamation No. 300/2002 of Ethiopia.