THE ETHIOPIAN ENVIRONMENTAL REGIME VERSUS

INTERNATIONAL STANDARDS: POLICY, LEGAL, AND

INSTITUTIONAL FRAMEWORKS

Mulugeta Getu 

I. Introduction

Today, perhaps more than ever, the international community thinks

and speaks the same language when it comes to protecting the planet from
environmental degradation. Media outlets carry constant reports about
environmental problems confronting the international community, such as
climate change, desertification, threats to biodiversity, hazardous waste,
and dwindling fish stocks, along with “pledges by the leaders of various
states to do something about them.”1 With the growth of global public
concern about environmental issues over the last several decades,
environmental legal norms have become increasingly internationalized and
sophisticated in both national and international legal systems.2 The result
is “the emergence of a set of legal principles and norms regarding the
environment, such that one can arguably describe it as a body of law.”3 At
the national level, most jurisdictions now have environmental protection
policies, laws, government departments, and independent agencies and
public interest groups dedicated to environmental protection.
This article will try to analyze those national and international
environmental legal regimes. Section II briefly looks at the development of
international environmental protection regimes and the basic policies,
values, and principles of the environmental movement. Section III will
examine the important provisions of the Ethiopian Constitution, the

 Mulugeta Getu (LL.B., LL.M. in Environmental Law) is a Lecturer and Associate Dean at
Haramaya University College of Law. The author may be reached through email at
[email protected].
1. DONALD K. ANTON, UNIVERSITY OF MICHIGAN LAW SCHOOL PUBLIC LAW AND
LEGAL THEORY WORKING PAPER SERIES, WORKING PAPER NO. 118, A BEGINNER’S GUIDE TO
INTERNATIONAL ENVIRONMENTAL LAW 10 (2008), available at http://papers.ssrn.com/
sol3/papers.cfm?abstract_id=1138463.
2. Tseming Yang & Robert V. Percival, The Emergence of Global Environmental
Law, 36 ECOLOGY L. Q. 615, 615 (2009).
3. Id.
[43]
44 Haramaya Law Review [Vol. 1:1

Environmental Policy of Ethiopia, and other government documents and

compare them with widely accepted international standards. Finally,
Section IV will provide concluding remarks and recommendations on how
to improve Ethiopia’s legal and institutional frameworks to best protect,
preserve, restore, and sustainably use the natural environment.

II. International Environmental Laws and Institutions

A. History

The development of international environmental law, a relatively new

addition to the corpus of international law, can be directly attributed to two
factors: “(1) an enhanced awareness that the global environment is fragile,
global environmental problems are immense, and human activities are
damaging the environment at an accelerated pace; and (2) a growing
realization that without concerted national, regional and international action
the planet will continue to suffer further environmental degradation.”4 In
addition, advances in science and technology5 and recent efforts at linking
international environmental law with international trade law have helped us
understand and appreciate the nature and scope of the challenge, and
further tuned the regime.6
Historically speaking, perspectives on the importance of international
environmental law have passed through three stages.7 At the first stage
(late 19th century), laws were based on humankind’s immediate self-
interest and aimed at maximizing nature’s resources in view of their
exploitation.8 In the second stage of development (1970s), an
intergenerational dimension of environmental instruments appeared to

4. Ved P. Nanda, International Environmental Law and International Business

Ventures, in INTERNATIONAL ENVIRONMENTAL LAW FOR NATURAL RESOURCES
PRACTITIONERS 4-1 30 (Rocky Mountain Mineral Law Foundation ed. 1997).
5. “Scientific uncertainties” have been the biggest challenges in almost all
international environmental negotiations. But the precautionary principle advocates for
prompt and proactive action even before scientific certainty exists. This is helping the
ozone layer and climate change regimes, among others, to succeed. Id.
6. Id. Many recent environmental regimes do not seek to provide for rights and
obligations, but rather to secure better compliance procedures and trade measures, or to
integrate environmental policies with international trade.
7. Susan Emmenegger & Axel Tschentscher, Taking Nature’s Rights Seriously: The
Long Way to Biocentrism in Environmental Law, 6 GEO. INT’L ENVTL. L. REV. 545, 552–68
(1994).
8. Id. This was intended to avoid conflict over resources. Early examples include
agreements on rivers, exploitation of fish, and protection of migratory birds.
2012] Ethiopian Environmental Regime 45

make the regime more complex.9 The contemporary and third phase of
development brought a shift to a “non-anthropocentric paradigm and
nature’s own right,” where the primary concern is ecological survival rather
than human development or aspirations.10
Throughout these three stages, different international efforts have been
made to develop the regime. Philippe Sands has categorized the evolution
of international environmental law into four distinct periods.11 The first
(from the 19th century to 1945) was characterized by bilateral treaties
addressing some components of the environment, and culminated with the
establishment of the United Nations in 1945. During this stage, it was
understood that exploitation of some natural resources (e.g., birds, fish,
seals, rivers, and seas) requires limitation, as well as adoption of sound
legal instruments.12
The second period was from 1945 to 1972. This period was generally
characterized by the establishment of international environment-related
institutions and the adoption of regional and global legal instruments
addressing specific environmental subjects like wetlands, oil pollution, the
marine environment, nuclear tests, and freshwater.13 In June 1972, the
United Nations held the Stockholm Conference on the Human
Environment, representing the first major international effort to
comprehensively address worldwide environmental concerns and develop
concrete action plans.14 The Conference adopted the celebrated Stockholm

9. Id. Before the 1970s, environmental resource protection was aimed at the needs of
the existing generation. The 1970s saw the beginning of consideration of the interests of
future generations.
10. Id. This is mostly advocated by biologists. Dr. Tewolde Berhan G. Egziabher,
Director General of Ethiopia’s Environmental Protection Authority, has said that, as a
biologist, he is uncomfortable with the eradication of the smallpox virus from the planet.
11. PHILIPPE SANDS, PRINCIPLES OF INTERNATIONAL ENVIRONMENTAL LAW 25-69 (2d
ed. 2003).
12. Id. Examples include the 1902 Convention to Protect Birds Useful to Agriculture,
the 1900 Convention Destinée à Assurer la Conservation des Diverses Espèces Animales
Vivant à l’Etat Sauvage en Afrique qui sont Utiles à l’Homme ou Inoffensive (seeking to
ensure the conservation of wildlife in the African colonies of European states, including the
use of trade restrictions on the export of certain skins and furs), and the 1909 Water
Boundaries Treaty between the United States and Canada.
13. Id. at 33. Documents adopted during this period include the International
Convention for the Prevention of Pollution of the Sea by Oil (May 12, 1954, 327 U.N.T.S.
3) and the Convention on Fishing and Conservation of Living Resources of the High Seas
(Apr. 29, 1958, 559 U.N.T.S. 285). In addition, “[t]he United Nations Economic
Commission for Europe promulgated harmonizing regulations on emissions from motor
vehicles, and the Committee of Ministers of the Council of Europe adopted the first
international act dealing with general aspects of air pollution.” Id. at 34.
14. See Nanda, supra note 4.
46 Haramaya Law Review [Vol. 1:1

Declaration, comprising guiding principles that represent the first global

consensus on the magnitude of the environmental problems that confront
the world community,15 and an Action Plan for environmental
management. Subsequently, the UN General Assembly established the
United Nations Environment Programme (“UNEP”) to serve as a focal
point for environmental action and coordination within the UN system, and
to act as a catalyst for environmental action.16
Following the Stockholm Conference, the next twenty years witnessed
the third period of evolution, during which the UN tried to coordinate
actions on environmental issues. Many more international and regional
treaties were adopted, and trading and consumption of some products were
globally banned.17 In addition, large numbers of states enacted domestic
environmental laws, and industrialized states began to provide technical
and financial assistance to developing countries in their efforts to address
environmental problems.18
The World Charter for Nature was adopted in 1982,19 followed in
1987 by the Report of the World Commission on Environment and
Development (also known as the Brundtland Report, or Our Common
Future), which reexamined environmental and development issues. The
United Nations Conference on Environment and Development
(“UNCED”), held in Rio de Janeiro in 1992 to mark the twentieth
anniversary of the Stockholm Conference, inspired the negotiation, signing,
and ratification of even more new conventions. Thus, UNCED adopted the
Rio Declaration on Environment and Development,20 Agenda 21 (a

15. The Stockholm Declaration contains 26 principles, an action plan consisting of 109
separate recommendations, and a resolution dealing with institutional and financial
arrangements. Topics covered in the principles include Fundamental Human Rights,
Management of Human Resources, The Relationship Between Development and the
Environment, Planning and Demographic Policy, Science and Technology, State
Responsibility, Respect for National Environmental Standards and the Need for State
Cooperation, and The Threat of Nuclear Weapons to the Environment. Mark S. Blodgett et
al., A Primer On International Environmental Law: Sustainability as a Principle of
International Law and Custom, 15 ILSA J. Int'l & Comp. L. 15, 18-23 (2008).
16. G.A. Res. 2997, 27 U.N. GAOR, Supp. No. 30, at 43, U.N. Doc. A/8730 (1972).
See also Nanda, supra note 4.
17. See SANDS, supra note 11, at 41.
18. See Nanda, supra note 4.
19. The 1982 World Charter for Nature is a nonbinding document adopted by the U.N.
General Assembly that sets forth principles of conservation by which all human conduct
affecting nature is to be guided and judged. It contains 25 principles. Blodgett et al., supra
note 15, at 18; World Charter for Nature, G.A. Res. 37/7, U.N. GAOR, 37th Sess., Supp.
No. 51, at 17, U.N. Doc. A/37/51 (Oct. 28, 1982).
20. Conference on Environment and Development, June 3-14, 1992, Rio Declaration
on Environment and Development, U.N. Doc. A/CONF.151/26 (vol. I) [hereinafter Rio
2012] Ethiopian Environmental Regime 47

blueprint for managing the environment in the 21st century),21 the UN

Framework Convention on Climate Change,22 the Convention on
Biological Diversity,23 and a statement of principles on forests.24
The fourth and final stage (from 1992 to the present date) can be
thought of as a period of integration of international environmental laws
and an increased emphasis on compliance.25 The 2002 Johannesburg
Declaration (the result of the World Summit on Sustainable Development
(“WSSD”) held in Johannesburg in September 2002) recognized
environmental problems as a continued imperative issue and set a
commitment for sustainable development. Environmental negotiations
continue at different levels today, with a view toward creating better living
environments and an emphasis on increased compliance with obligations.
The field of international environmental law, which is one of
the most dynamic and growing fields of international law, is not,
however, limited by these events.26 By some estimates, there are
more than 800 multilateral and bilateral agreements,27 several key
decisions by international tribunals and arbitral panels,28 and also
nonbinding “soft law” principles and concepts29 comprising the

Declaration].
21. Agenda 21 sets the action plan for a global partnership for sustainable development.
Agenda 21: Programme of Action for Sustainable Development, U.N. GAOR,
46th Sess., Agenda Item 21, U.N. Doc A/Conf.151/26 (1992) [hereinafter Agenda 21].
22. United Nations Framework Convention on Climate Change, May 9, 1992, 1771
U.N.T.S. 107 [hereinafter Climate Change Convention].
23. Convention on Biological Diversity, June 5, 1992, 1760 U.N.T.S 79 [hereinafter
Biodiversity Convention].
24. Conference on Environment and Development, June 3-14, 1992, Non-Legally
Binding Authoritative Statement of Principles for a Global Consensus on the Management,
Conservation and Sustainable Development of All Types of Forests, U.N. Doc.
A/CONF.151/26 (vol. III).
25. SANDS, supra note 11, at 26, 50-51.
26. See generally BASIC DOCUMENTS ON INTERNATIONAL LAW AND THE ENVIRONMENT
(P. Birnie & A. Boyle eds., 1995); Nanda, supra note 4; SANDS, supra note 11; PATRICIA W.
BIRNIE & ALAN E. BOYLE, INTERNATIONAL LAW AND THE ENVIRONMENT (1992).
27. See BASIC DOCUMENTS ON INTERNATIONAL LAW AND THE ENVIRONMENT, supra note
26, at xiii (Table of Major Treaties and Instruments). Between 1648 and 1978, more than
20,000 treaties of all varieties were concluded, filling more than 1,350 books. Their sheer
volume demonstrates their importance in international relations.
28. Most famous among these are the Trail Smelter Arbitration (which found Canada
responsible for environmental and agricultural damage in the United States caused by a
Canadian smelter's sulfur dioxide emissions), the River Oder case (underlining the principle
of due diligence in protecting the rights of other states in the international environmental
arena), and the Corfu Channel case (promulgating the principle of equitable or reasonable
utilization of shared resources). Blodgett et al., supra note 15, at 21-22.
29. See generally P. Dupuy, Soft Law and the International Law of the Environment, 12
48 Haramaya Law Review [Vol. 1:1

international environmental law regime.30 The following table

shows only a few of the key environmental events and agreements
that took place over the past century.

Major International Environmental Events and Agreements31

YEAR AGREEMENT
1900 Convention for the Preservation of Animals, Birds and Fish in Africa
1909 International Congress for the Protection of Nature
1911 The North Pacific Fur Seal Treaty
1913 Consultative Commission of the International Protection of Nature
1940 Convention on Nature Protection and Wildlife Conservation in the
Western Hemisphere
1946 International Convention for the Regulating of Whaling
1954 International Convention for the Prevention of Pollution of the Sea by
Oil
1958 Convention on the High Seas (provisions on maritime pollution)
1959 Antarctic Treaty (banning weapons tests and dumping nuclear waste in
the Antarctic)
1963 Partial Test Ban Treaty
1968 Biosphere Conference
1972 London Dumping Convention (ocean pollution)
1972 The UN Conference on the Human Environment (The Stockholm
Conference)
1973 International Convention for the Prevention of Pollution from Ships
1975 Convention on International Trade in Endangered Species of Wild
Fauna and Flora
1979 Geneva Convention on Long- Range Transboundary Air Pollution
1985 Vienna Convention for the Protection of the Ozone Layer
1987 Montreal Protocol on Substances that Deplete the Ozone Layer
1989 Basel Convention on the Control of Transboundary Movements of
Hazardous Wastes and their Disposal
1992 UN Conference on Environment and Development (Rio Summit or
Earth Summit)
1992 Convention on Biological Diversity

MICH. J. INT'L L. 420-35 (1991).

30. David Hunter, The Role of Environmental Organizations in International
Environmental Law, in INTERNATIONAL ENVIRONMENTAL LAW FOR NATURAL RESOURCES
PRACTITIONERS 5-1 21 (1997).
31. Taken from RICHARD J. PAYNE, GLOBAL ISSUES: POLITICS, ECONOMICS, AND CULTURE
257 (2007); see also Joeti L. Shrestha, International Environmental Law and Issues: A
Report (March 7, 2008) (M.A. thesis, Lyceum of the Philippines University),
http://ssrn.com/abstract=1348442/.
2012] Ethiopian Environmental Regime 49

1992 UN Framework Convention on Climate Change

1994 UN Convention to Combat Desertification
1997 Kyoto Protocol to the UN Framework Convention on Climate Change
2001 Stockholm Convention on Persistent Organic Pollutants
2002 World Summit on Sustainable Development (Johannesburg Action
Plan)

B. International Environmental Policies and Principles

The sources of international environmental law32 may be found in

conventions and treaties, customary international laws,33 general principles
of law, judicial decisions and the writings of eminent scholars,34 soft laws
(declarations and resolutions), and jus cogens.35 Within these sources,
certain principles (emerging mainly from soft law instruments like
declarations, international statements, and political resolutions) are starting
to assert persuasive force and become standards by which to evaluate the
effectiveness of environmental regimes.36 Many of these principles are
integrated into international treaties and national systems. As “soft law,”
these principles are not binding on states unless they are incorporated into
other binding instruments, but they have the following functions:
a. Provide a framework for negotiating and implementing new or
existing agreements;
b. Provide rules of decision for resolving trans-boundary
environmental disputes when there is no authoritative and binding
source to resolve the dispute;
c. Provide a framework for the development and convergence of
national and sub-national environmental laws;
d. Assist in the integration of international environmental law with
other fields such as international trade and human rights;

32. See Anton, supra note 1; ALEXANDRE KISS & DINAH L. SHELTON, GUIDE TO
INTERNATIONAL ENVIRONMENTAL LAW 3-11 (2007), available at http://ssrn.
com/abstract=1013617/.
33. See Viet Koester, From Stockholm to Brundtland, 20 ENVT’L POL’Y & L. 14, 17-18
(1990).
34. MAURICE SUNKIN ET AL., SOURCEBOOK ON ENVIRONMENTAL LAW 5 (2d ed. 2001).
35. Jus cogens is “a norm accepted and recognized by the international community of
States as a whole as a norm from which no derogation is permitted and which can be
modified only by a subsequent norm of general international law having the same
character.” Vienna Convention on the Law of Treaties art. 53, May 23, 1969, 1155 U.N.T.S.
331.
36. Yang & Percival, supra note 2, at 615.
50 Haramaya Law Review [Vol. 1:1

e. May be codified into a general covenant of international

environmental law; and
f. Are developing into (binding) customary international law.37
Some of these principles governing international environmental
relations are briefly discussed below.
1. State Sovereignty – recognizes states’ permanent sovereignty over the
natural resources occurring within their territory. Accordingly, each state
has the right to freely choose and develop its social, economic, and cultural
systems.38
2. Right to Development – addresses, principally, the claims of developing
nations to control and enhance their own development, the right of all
peoples to self-determination, and an individual’s right to enjoy a minimum
quality of life.39
3. Common Heritage of Humankind – recognizes resources outside of
national jurisdiction like the high seas, the sea bed, Antarctica, outer space,
and the outer atmosphere (e.g., ozone) as “global commons.” Accordingly,
these resources should be exploited and managed in keeping with the
principles of nonappropriation, international management, shared benefit,
and peaceful purposes.40
4. Common Concern of Humankind – holds that, due to the interdependent
nature of ecology, humanity may have a collective interest in certain
activities located wholly within state boundaries. Subjects like biodiversity
and climate are considered to be common concerns of humankind, and
states are expected to practice sound conservation and international

37. INTERNATIONAL ENVIRONMENTAL LAW AND POLICY 469-471 (D. Hunter et al., eds.,
2d ed. 2001).
38. See U.N. Conference on the Human Environment, Stockholm, Swed., June 5-16,
1972, Declaration of the United Nations Conference on the Human Environment, prin. 21,
U.N. Doc. A/Conf.48/14/Rev. 1 (1973) [hereinafter Stockholm Declaration]; Rio
Declaration, supra note 20, prin. 2; Declaration on Principles of International Law
Concerning Friendly Relations and Co-operation Among States in Accordance with the
Charter of the United Nations, G.A. Res. 2625 (XXV), Annex, 25 U.N. GAOR Supp. 18
122 (October 24, 1970).
39. See Rio Declaration, supra note 20, prin. 3; Declaration on the Right to
Development, G.A. Res. 41/128, Annex, 41 U.N. GAOR Supp. No. 53 at 186, U.N. Doc.
A/41/53 (Dec. 4, 1986); see also The Right to Development, G.A. Res. 55/108, U.N. Doc.
A/RES/55/108 (March 13, 2001).
40. Several treaties have been signed to implement this principle, including the
Convention Concerning the Protection of the World Cultural and Natural Heritage (Nov. 23,
1972, 1037 U.N.T.S. 151); Treaty on Principles Governing the Activities of States in the
Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies
(January 27, 1967, 610 U.N.T.S. 205); Antarctic Treaty (Dec. 1, 1959, 402 U.N.T.S. 71);
and Protocol on Environmental Protection to the Antarctic Treaty (Oct. 4, 1991, 30 I.L.M.
1455).
2012] Ethiopian Environmental Regime 51

cooperation in these areas.41

5. Principle of Equity – refers to both inter-generational equity (the right of
future generations to enjoy a fair share of Earth’s natural resources) and
intra-generational equity (the right of all peoples within the current
generation to enjoy fair access to resources). Hence, the principle requires
natural resources to be exploited sustainably, avoiding any irreversible
environmental damage.42
6. Common but Differentiated Responsibilities – acknowledges that, while
all states share a common responsibility to protect the environment and
promote sustainable development, the nature of this responsibility will vary
because of states’ different social, economic, and ecological situations.
Equitable considerations require that developed countries bear more
burdens in the protection of the environment than developing countries.43
7. State Responsibility – holds states responsible for breaches of
international duties assumed by consent, as well as all activities occurring
within their jurisdiction.44
8. Obligation Not to Cause Environmental Harm – obliges states not to
cause harm to the interests of any other states. This principle is based on
customary international law.45

41. See Biodiversity Convention, supra note 23; Climate Change Convention, supra
note 22; INT’L UNION FOR CONSERVATION OF NATURE, DRAFT INTERNATIONAL COVENANT ON
ENVIRONMENT AND DEVELOPMENT (1995) [hereinafter IUCN COVENANT].
42. See Stockholm Declaration, supra note 38, prins. 1, 2; Rio Declaration, supra note
20, prin. 3; World Commission on Environment and Development, Our Common Future:
Report of the World Commission on Environment and Development, U.N. Doc.
A/42/427/Annex (Mar. 20, 1987); see also Historical Responsibility of States for the
Preservation of Nature for Present and Future Generations, G.A. Res. 35/8, U.N. Doc.
A/RES/35/8 (Oct. 30, 1980). Moreover, in the Johannesburg Declaration on Sustainable
Development, states committed themselves to “building a humane, equitable and caring
global society, cognizant of the need for human dignity for all.” (World Summit on
Sustainable Development, Johannesburg, S. Afr., Sept. 2-4, 2002).
43. See Rio Declaration, supra note 20, prin. 7; Climate Change Convention, supra
note 22, art. 3; Montreal Protocol on Substances that Deplete the Ozone Layer art. 5, Sept.
16, 1987, 1522 U.N.T.S. 3; Stockholm Convention on Persistent Organic Pollutants,
Preamble, May 22, 2001, U.N. Doc. UNEP/POPS/CONF/2. This principle calls for
developed states to provide financial and technical assistance and transfer of
environmentally sound technologies to developing nations in order to help them protect the
environment.
44. Principle 21 of the Stockholm Declaration and Principle 2 of the Rio Declaration
can be interpreted to support this principle. See also Draft Articles on Responsibility of
States for Internationally Wrongful Acts, in Report of the International Law Commission on
the Work of Its Fifty-third Session, U.N. GAOR, 56th Sess., Supp. No. 10, at 43, UN Doc.
A/56/10 (2001); Factory at Chorzow (Germ. v. Pol.), 1927 P.C.I.J. (ser. A) No. 9 (July 26);
Corfu Channel (U.K. v. Alb.), 1949 I.C.J. Rep. 4 (Apr. 9).
45. See Stockholm Declaration, supra note 38, prin. 21; Rio Declaration, supra note 20,
52 Haramaya Law Review [Vol. 1:1

9. The Principle of Pollution Prevention – similar to above, but emphasizes

the need to anticipate environmental damage and act proactively to avoid or
prevent it. This principle is based on the idea that environmental protection
is best achieved by preventing environmental harm, rather than relying on
remedies or compensation for such harm after it has occurred.46
10. The Precautionary Principle – holds that incomplete scientific findings
or lack of consensus regarding a particular threat should not prevent
decision makers from taking anticipatory actions to prevent environmental
harm. States should err on the side of caution, as scientific certainty often
comes too late to design effective legal and policy responses to potential
environmental threats.47
11. The Polluter (or User) Pays Principle – holds that polluters and users of
natural resources should bear the full environmental and social costs of
their activities and internalize environmental externalities.48
12. The Principle of Subsidiarity – proposes that decisions about the
environment and resource utilization should be made at the lowest level of
government or social organization where the issues can be effectively
managed. This is presumed to increase consideration of local
environmental conditions and the opinions of local people, who often bear
the highest environmental cost of development decisions.49
13. Good Neighborliness and the Duty to Cooperate – obliges states to
cooperate with their neighbors, in accordance with binding international
principles dating back 200 years.50

prin. 2; Trail Smelter Arbitration, supra note 28; Corfu Channel, supra note 44; U.N.
Environment Programme [UNEP], Principles of Conduct in the Field of the Environment
for the Guidance of States in the Conservation and Harmonious Utilization of Natural
Resources Shared by Two or More States, prin. 3 (1978); IUCN COVENANT, supra note 41,
art.11.
46. See Stockholm Declaration, supra note 38, prin. 6; see also Bamako Convention on
the Ban of the Import into Africa and the Control of Transboundary Movement and
Management of Hazardous Wastes within Africa art. 4(3)(f), Jan. 30, 1991, 30 I.L.M. 775
(requiring states to “strive to adopt and implement the preventive, precautionary approach to
pollution problems”).
47. See, e.g., Rio Declaration, supra note 20, prin. 15; World Charter for Nature, supra
note 19, prin. 11; Adjustments and Amendments to the Montreal Protocol on Substances
that Deplete the Ozone Layer, London, U.K., U.N. Doc. UNEP/OzL.Pro.2/3 (June 29,
1990).
48. Rio Declaration, supra note 20, prin. 16. See also Org. for Econ. Co-operation and
Dev. [OECD], Recommendation of the Council on Guiding Principles Concerning
International Economic Aspects of Environmental Policies, OECD Doc. C(72)128 (May 26,
1972); OECD, Recommendation of the Council on the Implementation of the Polluter-Pays
Principle, OECD Doc. C(74)223 (Nov. 14, 1974).
49. See Agenda 21, supra note 21, para. 12.28, 12.37, and ch. 18.
50. See Stockholm Declaration, supra note 38, prin. 24; Rio Declaration, supra note 20,
2012] Ethiopian Environmental Regime 53

14. Duties to Provide Prior Notification and to Consult in Good Faith –

oblige states planning an activity to communicate all necessary information
sufficiently in advance to potentially affected states so that the latter can
prevent damage to their territories and consult with the acting state.51
15. Principle of Prior Informed Consent – requires prior consent from a
state when another state wants to operate therein, and prior consent from
indigenous communities about activities that affect them.52
16. Duty to Assess Environmental Impacts – obliges states to undertake
environmental impact assessments (“EIAs”) for proposed activities, and to
integrate environmental issues into development planning.53
17. Public Awareness and Participation – proposes that the public, affected
communities, and nongovernmental actors should participate in
environmental and developmental decisions that affect their interests or the
interests they represent. This principle also includes the right of equal
access to justice.54 55
These principles may be subject to different interpretations as they are
implemented. It is worth noting that the principles are not totally “soft
law,” as many have found their way into binding treaties and conventions,

prin. 27. See also U.N. Charter art. 1, para. 3; Declaration on Principles of International Law
Concerning Friendly Relations and Co-operation Among States in Accordance with the
Charter of the United Nations, G.A. Res. 2625 (XXV), Annex, 25 U.N. GAOR, 25th Sess.,
Supp. No. 28, U.N. Doc. A/8028 (Oct. 24, 1970).
51. See Rio Declaration, supra note 20, prin. 18, 19. See also OECD, Recommendation
of the Council on Principles Concerning Transfrontier Pollution, OECD Doc. C(74)224
(Nov. 14, 1974); UNEP, London Guidelines for the Exchange of Information on Chemicals
in International Trade (Amended), Governing Council Decision 15/30, U.N. Doc.
UNEP/GC. 15/12, Annex II, at 17 (May 25, 1989).
52. See Basel Convention on the Control of Transboundary Movements of Hazardous
Wastes and their Disposal art. 6(4), Mar. 22, 1989, 1673 U.N.T.S. 126; Convention on the
Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in
International Trade [Rotterdam Convention], Sept. 10, 1998, 38 I.L.M. 1 (1999);
Biodiversity Convention, supra note 23, art. 15(5); United Nations Declaration on the
Rights of Indigenous Peoples, G.A. Res. 61/295, Annex, U.N. Doc. A/RES/61/295 (Sept.
13, 2007).
53. See Rio Declaration, supra note 20, prin. 17. See also Climate Change Convention,
supra note 22, art. 4(1)(f); United Nations Convention on the Law of the Sea art. 206, Dec.
10, 1982, 1833 U.N.T.S. 397; World Charter for Nature, supra note 19, prin. 11(c).
54. Rio Declaration, supra note 20, prin. 10; Agenda 21, supra note 21, paras. 8, 23
(declaring that states must ensure broad public participation in initiatives for sustainable
development, through access to information and access to justice); Johannesburg
Declaration, supra note 42, para. 26 (“We recognize that sustainable development requires
a long-term perspective and broad-based participation in policy formulation, decision-
making and implementation at all levels.”).
55. These principles are discussed in INTERNATIONAL ENVIRONMENTAL LAW AND
POLICY, supra note 37, at 472-537. Other writers may use different categories or wordings to
distinguish these principles.
54 Haramaya Law Review [Vol. 1:1

or at least into customary international law. The following discussion will

assess the extent to which these principles have influenced Ethiopian
environmental frameworks.

III. Ethiopian Environmental Laws and Institutional Frameworks

A. Introduction

Ethiopia’s urban environments are characterized by unplanned and

unmanaged industrialization and urbanization, very high population, high
density of housing and unplanned settlement, crowded market centers, poor
infrastructure, and contamination from industrial effluents.56 But rural
areas suffer from more severe environmental problems like serious land
degradation, loss of soil fertility, water pollution, and indoor air pollution.57
1. Land – Soil erosion and degradation continue to be Ethiopia’s most
critical problems, despite soil and water conservation efforts throughout
most mountainous parts of the country. According to European
Commission Delegate Jonathan McKee, the core factors in this problem are
lack of effective political commitment, lack of skilled government staff,
population pressure, poor design and tenure problems, lack of a sense of
ownership among farmers, and increased urbanization and
industrialization.58 Soil erosion has also been exacerbated by “[e]xtensive
agricultural production . . . , the use of obsolete technology which is not
environmentally friendly and overgrazing by the fast growing livestock
population.”59
2. Water and Sanitation – Rural access to the water supply was estimated to
be 34.5 percent at the end of 2005, according to a government report.60

56. Fikremariam Tesfaye, Ethiopia: Environmental Policy Implementation Still in

Difficulty – EPA, DAILY MONITOR (Ethiopia), March 13, 2009 (quoting Tekle Woldegerima,
Deputy General Manager of the Addis Ababa Environmental Protection Authority),
available at http://allafrica.com/stories/200903130194.html.
57. Most of these problems are common knowledge for ordinary Ethiopian citizens, but
are briefly discussed here as background information. Writers who have explored these
issues in depth include Jonathan McKee, an EC delegate to Ethiopia (JONATHAN MCKEE,
EUROPEAN COMMISSION, ETHIOPIA: COUNTRY ENVIRONMENTAL PROFILE 17-48 (2007)) and
Girma Kebede, an Ethiopian from Mount Holyoke College in the U.S., who describes the
dreadful urban environmental situations in Ethiopia (GIRMA KEBEDE, LIVING WITH URBAN
ENVIRONMENTAL HEALTH RISKS: THE CASE OF ETHIOPIA (2004)).
58. MCKEE, supra note 57.
59. MEDHIN ZEWDU, SUSTAINABLE DEVELOPMENT IN ETHIOPIA 6 (2002), available at
www.worldsummit2002.org/texts/ethopiaReport.rtf.
60. MINISTRY OF FINANCE AND ECONOMIC DEVELOPMENT (ETHIOPIA), A PLAN FOR
2012] Ethiopian Environmental Regime 55

Moreover, the Ministry of Health (2006) has determined that fluoride

contamination is a major problem, especially in the Rift Valley.61 Levels of
water quality protection are very low from risks like sewers and latrines,
animals, cracks in the pre-filters, and other pollutants. Despite recent
efforts to promote hygiene and community mobilization, Ethiopia has the
lowest level of sanitation coverage in the world—approximately 30
percent, with rural coverage estimated at only 7 percent.62 (A 2006
government report estimated coverage at 17.5 percent in rural and 50
percent in urban areas.)63
3. Toxic Substances – Ethiopia is reported to be a toxic hotspot, with 2000
tons of obsolete pesticide deposits throughout the country.64 This supply of
inappropriate or surplus chemicals is the result of absent or incomplete
labeling, lack of coordination between donors, and discrepancy between
real and estimated needs. DDT especially has become a threat to human
health due to losses, organized thefts from stock, and misuse by farmers.65
4. Air – Emissions from vehicles (particularly older vehicles) and
unregulated industry have caused a sharp decline in the air quality of the
nation’s capital.66 Indoor air pollution is also a very serious issue, causing
acute respiratory illnesses. The problem is especially severe for women
and children due to household use of polluting traditional stoves and woody
biomass (such as fuel wood, dung, and crop residues), which accounts for
95 percent of the energy supply.67
5. Forests – The nation’s forest cover has declined to only 4 percent of the
total land area, despite a positive trend in recent years.68 Causes include

ACCELERATED AND SUSTAINED DEVELOPMENT TO END POVERTY 127 (2005) [hereinafter

PASDEP].
61. MCKEE, supra note 57, at 20-23.
62. EMELIE DAHLBERG, ANDERS EKBOM, MENALE KASSIE, & MAHMUD YESUF, ETHIOPIA
ENVIRONMENT AND CLIMATE ANALYSIS 6 (2008).
63. PASDEP, supra note 60, at 128.
64. According to the information obtained from the Ministry of Agriculture and
Environmental Protection Authority, the existing 2,000 tons of wastes are awaiting shipment
for its disposal in Europe. This is in addition to the 1,500 tons already disposed abroad.
65. With the cooperation of the U.N. Food and Agriculture Organization and other
donors, the country has transported around 1,500 tons of obsolete pesticides for safe
disposal or incineration. See MCKEE, supra note 57, at 24. The Ministry of Health has
currently prohibited the use of DDT for any purpose, though with stiff resistance from some
parties having a large supply stock. Wudineh Zenebe, Ethiopia: DDT Ban Forces Pesticide
Co to Export Stockpile, Addis Forturne, March 16, 2010, available at
http://allafrica.com/stories/201003160751.html.
66. MCKEE, supra note 57, at 24-26.
67. DAHLBERG, supra note 62, at 6.
68. This positive trend is partly due to the nationwide tree-planting campaign during the
Ethiopian millennium and to natural regeneration practices, particularly in the northern part
56 Haramaya Law Review [Vol. 1:1

population increase, unmanaged human activities, lack of a sense of

ownership, government resettlement schemes, fire, and commercial
farming.69
6. Wetlands – The country’s wetlands (which are estimated to cover only 2
percent of the nation’s area) are threatened due to draining for agriculture,
grazing, overexploitation, deforestation, siltation, soil erosion, land
degradation, settlements, industrialization, and pollution.70
7. Biodiversity – Ethiopia is one of the world’s most degraded biodiversity
hotspots due to population increase, invasion of alien species, expansion of
arable lands, and insufficient financial and political commitment. Parks,
hunting areas, and wildlife reserve areas have been established throughout
the country, but they are under severe threat.71
8. Natural and Cultural Heritage – Ethiopia’s rich natural and cultural
heritage is threatened by neglect, decay, removal, and destruction, as well
as the less visible and tangible impacts of changing sociocultural values,
foreign ideas, and imported technologies.72
Jonathan McKee has characterized the primary features of the
Ethiopian environmental regime as the existence of established structures,
institutions, and laws at the federal, regional, and sometimes woreda
(district) and zonal levels; lack of capacity to effectively manage the
environment; and donors’ inclination to mainstream environmental issues
into the country’s major economic sectors without recognizing the urgency
of Ethiopia’s environmental crisis.73 Let us now take a look at Ethiopia’s
cherished but toothless environmental legal frameworks.

B. The Constitution

Ethiopia’s Constitution incorporates a number of provisions relevant

to the protection, sustainable use, and improvement of the country’s

of the country.
69. MCKEE, supra note 57, at 31-33.
70. Id. at 35.
71. Ethiopia is a center of origin for agricultural plant diversity (also called a
Vavilovian center). However, loss of this genetic diversity is acute due to factors like
“deforestation, expansion of investment activities, overgrazing, expansion of agricultural
activities, poverty, and lack of appropriate policies that encourage conservation and
management of biodiversity.” Medhin Zewdu, supra note 59, at 3, 6.
72. ENVIRONMENTAL POLICY OF ETHIOPIA 2 (1997), available at http://www.epa.
gov.et/Download/Proclamations/ENVIRONMENT%20POLICY%20OF%20ETHIOPIA.pdf
[hereinafter EPE].
73. MCKEE, supra note 57, at 10.
2012] Ethiopian Environmental Regime 57

environment. Article 44 guarantees “the right to a clean and healthy

environment,” while Article 43 pledges “the right . . . to sustainable
development.”74 Additionally, Articles 89 and 92 require national policy
and government activities to be compatible with environmental health.75
Article 89 further obliges the government to ensure sustainable
development, work for the common benefit of the community, and promote
the participation of the people, including women, in the creation of national
development policies and programs. Moreover, according to Article 91,
the government is duty-bound to protect and support cultures, traditions,
natural endowments, and historical sites and objects.
The incorporation of these important provisions into the supreme law
of the land has raised environmental issues to the level of fundamental
human rights. However, effective implementation mechanisms (like laws,
policies, and institutions) are needed to realize these rights. For example,
the Constitution in many places underlines consultation and community
participation as indispensable elements of development activities, but these
still require subordinate legislation to put effective mechanisms in place.
Such legislation should oblige government agencies to effectively reach out
to the community, handle and respond to their concerns, communicate
findings, and provide access to judicial review.

C. Environmental Policy

Like the Constitution, the Environmental Policy of Ethiopia (“EPE”)76

prioritizes improving the well-being and quality of life of Ethiopians and
the promotion of sustainable development.77 One implementation strategy
is the effective management of natural and environmental resources from
the federal level down to the woreda and community levels. Another

74. CONSTITUTION, Arts. 43(1), 44(1) (1995) (Ethiopia).

75. Article 92(3) reads, “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.”
76. The EPE was born out of the Conservation Strategy of Ethiopia (“CSE”) in 1997.
CSE was initiated in 1989 and lasted 13 years, passing though three phases. “Phase I (1989-
90) focused on identifying key environmental issues and developing a framework and
process for the CSE. Phase II (1990-94) focused on developing an environmental policy, an
institutional framework and an investment program. Phase III was devoted to the
preparation of Regional Conservation Strategies (RCSs) in all regions.” Significant
achievements of CSE include the formulation of EPE, establishment of the Environmental
Protection Authority, building regional capacity, and pushing forward critical issues related
to environmental protection and sustainable development. MCKEE, supra note 57, at 50-51.
77. EPE, supra note 72, sec. 2.1, at 3.
58 Haramaya Law Review [Vol. 1:1

strategy envisaged within the Policy is to assign resource management to

one organization and protection, regulation, and monitoring to another.78
The EPE also discusses specific principles meant to guide
development activities. Some of these are briefly discussed below,
illuminating the links between international environmental principles and
Ethiopian policy statements.79
a. Right to a Healthy Environment – as with the Constitution, the
EPE guarantees every person’s right to live in a healthy
environment.
b. Community Participation and Decision-making – acquisition of
power by communities to make their own decisions on matters
affecting their lives and environment. Similar to the international
Principles of Subsidiarity, Public Awareness, and Participation.
c. Renewable and Nonrenewable Resources – use of renewable
resources should be sustainable, while use of nonrenewable
resources shall be minimized and, where possible, their
availability should be extended (e.g., through recycling). This is
the Principle of Inter-Generational Equity, and is related to the
Principle of Sustainable Use of Natural Resources.
d. Technology – adoption and dissemination of technologies that use
resources efficiently, and support for communities and individuals
to use and manage such technologies. This is also related to the
Principle of Sustainable Use of Natural Resources.
e. Precaution – “err on the side of caution when a compromise
between short-term economic growth and long-term
environmental protection is necessary;” this is the Precautionary
Principle.
f. Cost-Benefit Analysis – full environmental and social costs (or
benefits forgone or lost) shall be incorporated into public and
private sector planning, as well as accounting and pricing of
resources. This is similar to the Polluter (and User) Pays
Principle.
g. Social Equity and Equality of Women – social equity shall be

78. 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, human-made, and cultural 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. Id.
79. This list is a summary of EPE, supra note 72, sec. 2.3, at 4-6. For easy reference
and understanding, different provisions of the policy discussing related subjects have been
included.
2012] Ethiopian Environmental Regime 59

assured, particularly in resource use, and women shall be

empowered and treated equally with men in all activities. This
would be included in the Principle of Intra-Generational Equity.
h. Environmental Assessment and Monitoring – regular, accurate
assessment and monitoring of environmental conditions, along
with publication of all data, in keeping with the Duty to Assess
Environmental Impacts.
i. Awareness and Information – increased awareness and
understanding of environmental and resource issues, as in the
Principle of Public Awareness and Participation.
j. Land Security and Preservation of Species – uninterrupted access
for people to their own land and resources, and recognition of
other species’ right to exist. These are parts of the Principle of
Sustainable Use of Natural Resources.
The EPE further stipulates detailed environmental policies for sectoral
and cross-sectoral activities, together with implementation policies.80 The
original draft version, as an annex, also included draft interpretation
guidelines, standards for specified industrial sectors, general standards for
all other industrial effluents, standards for gaseous emissions, and standards
for noise limits.81
In addition to the EPE, other sectoral policies have an indispensable
role in the improvement of Ethiopia’s environmental quality. The
Ethiopian Water Sector Policy82 and Ethiopian Water Sector Strategy83 are
good examples. The Water Policy provides specific policy directions for
environmental and water resource protection and conservation; use and
management of technology and engineering in the sector; water cost and

80. The sectoral matters for which detailed policies are described include soil
husbandry and sustainable agriculture; forest, woodland, and tree resources; genetic,
species, and ecosystem biodiversity; water, energy, and mineral resources; human
settlement, urban development, and environmental health; control of hazardous materials
and pollution from industrial wastes; atmospheric pollution and climate change; and cultural
and natural heritage. Cross-sectoral matters include population, community participation,
gender, environmental research, environmental education, environmental information
systems, environmental economics, land use, and tenure and access rights to land and
natural resources. EPE, supra note 72, at 6-25.
81. For some of these issues (e.g., industrial emissions), the Environmental Protection
Authority issued binding standards late in 2008.
82. Ministry of Water Resources, Ethiopian Water Sector Policy (2001),
http://www.mowr.gov.et/ (click on “Download” to the left, then “1. Ethiopian Water
Resources Management Policy”) [hereinafter Water Policy].
83. Ministry of Water Resources, Ethiopian Water Sector Strategy (2001),
http://www.mowr.gov.et/ (click on “Download” to the left, then “2. National Water Sector
Strategy”) [hereinafter Water Strategy].
60 Haramaya Law Review [Vol. 1:1

pricing; groundwater utilization; disaster, emergency, and public safety

management; “equitable and reasonable” use of trans-boundary water; and
participation of stakeholders in the sector.84 The Water Strategy contains
detailed guidelines for implementing the above policies, along with
guidelines on the development of hydropower, guaranteeing water supply,
sanitation, and exploitation of agricultural irrigation potentials.85 These
documents, on paper at least, try to strike a balance between resource
development and conservation, but can have little effect without strong
legislative and institutional regimes.

D. Environmental Laws

Many laws have been enacted and treaties adopted for the protection
of different segments of the Ethiopian environment. Due to the large
volume of these federal laws and treaties, this part will only list some of
them instead of thoroughly discussing each one.86
a. Awash National Park Establishment Order No. 54/1969, Simien
National Park Establishment Order No. 59/1970, and similar other
establishment documents;
b. Institute of Biodiversity Conservation and Research Establishment
Proclamation No. 120/1998 (later renamed the Institute of
Biodiversity Conservation by Proclamation No 381/2004);
c. Water Resource Management Proclamation No. 197/2000;
d. Public Health Proclamation No. 200/2000;
e. Proclamation on the Establishment of Environmental Protection
Organs No. 295/2002;
f. Environmental Impact Assessment Proclamation No. 299/2002,
Directive Issued to Determine Projects Subject to Environmental
Impact Assessment (“EIA”) No. 2/ 2008, EIA Guideline
Document (May 2000), EIA Procedural Guideline Series 1 (2003),
Guideline Series Documents for Reviewing EIA Reports (2003),
EIA Guidelines on Irrigation (2004) and on Pesticides (2004);
g. Environmental Pollution Control Proclamation No. 300/2002,
Regulation and Directives for Emission Standards of Selected

84. Water Policy, supra note 82, at 8-18.

85. Water Strategy, supra note 83, at 2-23.
86. Electronic copies of most of these laws are available on the websites of the House
of Peoples’ Representatives (http://www.ethiopar.net) and Federal Supreme Court
(http://www.fsc.gov.et), with printed copies available from Birhanena Selam Press. The
laws are in order of issuance, from the earliest to the most recent.
2012] Ethiopian Environmental Regime 61

Industries (2008);
h. Criminal Code of Ethiopia No. 414/2004 [penalizes pollution and
related offenses];
i. Federal Rural Land Administration and Land Use Proclamation
No. 456/2005;
j. Access to Genetic Resources and Community Knowledge, and
Community Rights Proclamation No. 482/2006;
k. Solid Waste Management Proclamation No. 513/2007;
l. Development Conservation and Utilization of Wildlife
Proclamation No. 541/2007;
m. Forest Conservation, Development and Utilization Proclamation
No. 542/2007;
n. Radiation Protection Proclamation No. 571/2008;
o. Ethiopian Wildlife Development and Conservation Authority
Establishment Proclamation No. 575/2008; and
p. Biosafety Proclamation No. 655/2009.
In addition to national laws, increasingly globalized environmental
issues often require treaties to coordinate national efforts. These treaties
are part of the Ethiopian environmental legal framework.87 Between 1972
and the present, Ethiopia ratified many multilateral environmental
agreements, including:
 The Convention on Biological Diversity;
 The Basel Convention on the Control of Transboundary Movements of
Hazardous Wastes and Their Disposal and Basel Ban Amendment;
 The Bamako Convention on the Ban of the Import into Africa and the
Control of Transboundary Movement and Management of Hazardous
Wastes within Africa;
 The International Treaty on Plant Genetic Resources for Food and
Agriculture;
 The Convention on International Trade in Endangered Species of Wild
Fauna and Flora;
 The United Nations Framework Convention on Climate Change and its
Kyoto Protocol;
 The United Nations Convention to Combat Desertification in those

87. According to the Constitution, “All international agreements ratified by Ethiopia are
an integral part of the law of the land.” Thus, there is no doubt that these environmental
treaties are part of the national regime and can be effected by domestic laws, and the nation
is duty-bound to observe the obligations assumed by such treaties. CONSTITUTION, Art. 9(4)
(1995).
62 Haramaya Law Review [Vol. 1:1

Countries Experiencing Serious Drought and/or Desertification,

Particularly in Africa;
 The Cartagena Protocol on Biosafety to the Convention on Biological
Diversity;
 The Convention on Migratory Species and the African-Eurasian
Waterbird Agreement;
 The Vienna Convention for the Protection of the Ozone Layer and the
Montreal Protocol on Substances that Deplete the Ozone Layer;
 The Rotterdam Convention on the Prior Informed Consent Procedure
for Certain Hazardous Chemicals and Pesticides in International Trade;
and
 The Stockholm Convention on Persistent Organic Pollutants .
Administration of these treaties is, however, fragmented by various
loosely coordinated federal sectoral offices. At the federal level,
implementation of environmental treaties is the responsibility of the
Environmental Protection Authority (“EPA”), the Ministry of Agriculture
(“MoA”), the Ministry of Water and Energy, and the Ministry of Culture
and Tourism.88

E. Institutional Frameworks

Under the EPE, different agencies are assigned to “environmental and

natural resource development and management activities on the one hand,
and environmental protection, regulation and monitoring on the other.”89
The EPA90 is the leading federal environmental agency, with the objective
of formulating policies, strategies, laws, and standards to ensure that social

88. Tewolde Berhan G/Egziabher, Director General of EPA, Lecture for Graduate
Students of Alabama University: Global Trade and Environment and Issues of Particular
Importance to Africa (May 7, 2009). EPA takes care of the UN Framework Convention on
Climate Change and Kyoto Protocol, the Cartagena Protocol on Biosafety, the Bamako
Convention, the Rotterdam Convention, the Stockholm Convention, and the Convention to
Combat Desertification and Drought. The MoA is responsible for the Convention on
Biological Diversity and the International Treaty on Plant Genetic Resources for Food and
Agriculture. The Ministry of Water and Energy is delegated by EPA to follow the
implementation of the Vienna Convention on the Protection of Ozone Layer and its
Montreal Protocol. Lastly, the Ministry of Culture and Tourism is responsible for the
Convention on Migratory Species, the Convention on the International Trade in Endangered
Species of Wild Fauna and Flora and for the Agreement on African and Eurasian Water
Birds. Id.
89. EPE, supra note 72, Section 5.1(e), at 27.
90. The EPA has two arms: the executive, headed by the Director General, and the
policy-maker (known as the Environmental Council), which is composed of representatives
and stakeholders from all regions.
2012] Ethiopian Environmental Regime 63

and economic development activities sustainably enhance human welfare

and the safety of the environment.91 In addition, EPA is responsible for
evaluating the environmental impact assessment reports of federal and
inter-regional projects, as well as auditing and regulating their
implementation.92 EPA is also in charge of providing technical support for
environmental management and protection to regional offices and sectoral
institutions.93
The proclamation that established the EPA also requires regional
states to establish or designate their own regional environmental agencies
(“REAs”). These REAs are responsible for coordinating the formulation,
implementation, review, and revision of regional conservation strategies
and for environmental monitoring, protection, and regulation.94 In some
regions, REAs have been established as parts of other agencies, while other
regions’ REAs are separate institutions.95 All regions and city
administrations have established REAs except the Somali region, whose
REA is continuously being restructured.96 The REAs suffer from practical
constraints. Some lack an approved conservation strategy to guide their
environmental management, and where such strategies exist, they are
limited in practical utility. In addition, structural instability (structural
change, transfer of authority, conflict of interests between sectoral offices),
under-staffing, and lack of experts are common across REAs.97
In addition to the EPA and REAs, the Environmental Organ
Establishment Proclamation mandated that “Sectoral Environmental Units”
(“SEUs”) be established at every competent agency, with the responsibility
of coordinating and following up activities in harmony with environmental
laws and requirements.98 The purpose of the SEUs is to ensure “that

91. Environmental Protection Organs Establishment Proc. No. 295/2002, FEDERAL

NEGARIT GAZETA, art. 6.
92. Id. Projects that are neither subject to federal licensing, execution, or supervision
nor likely to entail inter-regional impacts are within the jurisdiction of regional
environmental agencies.
93. MELLESE DAMTIE & MESFIN BAYOU, MELCA MAHIBER, OVERVIEW OF
ENVIRONMENTAL IMPACT ASSESSMENT IN ETHIOPIA: GAPS AND CHALLENGES 31(2008).
94. Environmental Protection Organs Establishment Proc. No. 295/2002, FEDERAL
NEGARITGAZETA, art. 15.
95. MELLESE & MESFIN, supra note 93, at 32.
96. Independent environmental agencies have been established in the Dire Dawa and
Addis Ababa administrations, while the REAs in Amhara, Tigrai, SNNP, and Oromia are
situated in the offices of Environmental Protection and Land Administration. Interview with
Mohammed Ali, EPA (Apr. 16, 2010).
97. MCKEE, supra note 57, at 57.
98. Environmental Protection Organs Establishment Proc. No. 295/2002, FEDERAL
NEGARIT GAZETA, art. 4.
64 Haramaya Law Review [Vol. 1:1

environmental issues are addressed in development projects and public

instruments initiated by government institutions.”99 However, SEUs have
only been established so far at the Ministry of Mines, Ministry of
Agriculture, Ministry of Water and Energy, Ethiopian Roads Authority,
and Ethiopian Electric Power Corporation, leaving most relevant federal
agencies (as well as all regional ones) without environmental
coordination.100
In managing Ethiopia’s environment, government agencies share
importance with private individuals, communities, and (to a lesser degree)
companies. Before the enactment of the new law on civil organizations
(which may shrink their quality of service, number, and capacity),101 such
organizations in Ethiopia were maturing in their quality of service,
geographical coverage, and creation of policy dialogue.102 Mohammed Ali
of the EPA agrees that the role of nongovernmental organizations is
increasing in both national and international environmental negotiation and
implementation.103 He notes that Forum for Environment, a local
nongovernmental organization (“NGO”) active in environmental concerns,
is a member of the EPA’s Environmental Council. In addition, EPA is
working closely with other NGOs on various issues.104
Some sectoral/ministry offices are also responsible for specific aspects
of the administration of natural resources.105 For example, the MoA is
responsible for forest, soil, land, and wildlife resources; the Ministry of
Mines is responsible for mineral resources; and the Ministry of Water and
Energy is responsible for water and energy resources. The National
Meteorological Agency, under the Ministry of Water and Energy, used to
handle issues revolving around ozone layer protection until recent transfer
of this task to the EPA, while the National Radiation Protection Authority,
under the Ministry of Science and Technology, renders radiation protection
services. The Institute of Biodiversity Conservation (“IBC”) is responsible
for exploring, surveying, and ensuring conservation of the country’s

99. MELLESE &MESFIN, supra note 93, at 33.

100. Mohammed, supra note 96; see also MELLESE & MESFIN, supra note 93, at 33.
101. The law restricts indigenous non-governmental organizations to raising no more
than 10 percent of their funds from abroad, and also limits the kinds of services provided by
non-Ethiopian charities or associations. See Charities and Societies Proc. No. 621/2009,
FEDERAL NEGARIT GAZETA.
102. MCKEE, supra note 57, at 58.
103. Mohammed, supra note 96.
104. Id.
105. See generally Definition of Powers and Duties of the Executive Organs of the
Federal Democratic Republic of Ethiopia Proc. No. 471/2005, FEDERAL NEGARIT GAZETA
(specifically defining the responsibilities of ministry offices and agencies).
2012] Ethiopian Environmental Regime 65

biodiversity.106
Despite these efforts, environmental protection in Ethiopia remains in
its infancy due to a focus on short-term economic gain, lack of
commitment, under-staffing and lack of capacity in many offices, lack of
effective enforcement mechanisms, and loose coordination among
responsible agencies. While there has been progress, it has been
incommensurate with the nature and degree of threat that Ethiopia is
experiencing.

F. Plan for Accelerated and Sustainable Development to End Poverty

As a cross-sectoral issue, environmental protection may be strongly

influenced by government planning documents. An important example of
this is the Plan for Accelerated and Sustainable Development to End
Poverty (“PASDEP”), an economic planning document that guided the
country’s activities during the period 2005-2010. Ethiopia launched
PASDEP in 2005, building on its predecessor, the Sustainable
Development and Poverty Reduction Program (SDPRP).107 The objectives
of PASDEP were to define the nation’s overall development strategy for
five years (2005/06-2009/10), chart a course for eradicating poverty, and
outline major programs and policies in each of the major sectors.108
Specific emphasis was placed on increasing production, exploiting existing
natural resources, research, market utilization, pest management, animal
feed, health services, sustainable land and water use, and conservation.109
On environmental issues, PASDEP enumerated six strategic goals
toward the realization of environmentally sound development:
GOAL A: Ensure community-led environmental protection and the
sustainable use of environmental resources for gender equity

106. Institute of Biodiversity Conservation and Research Establishment/ Amendment

Proc. No. 381/2004, FEDERAL NEGARIT GAZETA.
107. PASDEP, supra note 60, at 1. The Sustainable Development and Poverty
Reduction Program lasted for three years (2002/03-2004/05), providing overall guidance for
the country’s development and a framework within which donor support could be
coordinated. In environmental matters, there were some successes, especially in
establishing environmental agencies and units at the federal and regional levels, and
including environmental concerns in planning documents like the Safety Nets and the
Resettlement Program. However, there has been a huge gap between policies and their
implementation on the ground. See Mulugeta Getu, Ethiopian Floriculture and its Impact
on the Environment: Regulation, Supervision and Compliance, 3.2 MIZAN L. REV. 240, 253
(2009).
108. PASDEP, supra note 60, at 1.
109. Id.
66 Haramaya Law Review [Vol. 1:1

and improved livelihood[s];

GOAL B: Rehabilitate affected ecosystems;
GOAL C: Enhance capacity of ecosystems to deliver goods and services,
particularly biomass for food, feed and household energy;
GOAL D: Remove adverse impacts of municipal waste;
GOAL E: Prevent environmental pollution; and
GOAL F: Ensure proactively the integration of environmental and ethical
dictates especially mainstreaming gender equity in
development.110
The plan’s main implementation strategy was to empower the 125
woredas by increasing their capacity and developing and implementing
their environmental management and sustainable livelihood plans.111
PASDEP also called for Environmental Management Plans for the most
polluting industries (textile, beverage, chemical, sugar, and cement
factories, tanners), sound municipal waste management systems for sixty-
two municipalities, review of EIAs for projects, establishment of a
“national environmental management information and networking system,”
and encouragement of environmental awareness through student
environmental clubs.112
Jonathan McKee has praised PASDEP’s focus on pollution and solid
waste management in urban areas, noting the rising importance in Ethiopia
of urban growth and pollution issues.113 Nonetheless, he proposed “further
fine-tuning” in the integration of agricultural growth and environmental
issues: “For instance, it is unclear how the implementation of government
enforced enclosure activities outlined in the agricultural strategy can be
reconciled with the strategic goal . . . of ensuring community led
environmental protection.”114 Also, integrated pest management, a pillar of
the earlier SDPRP, was omitted from PASDEP, which instead emphasized

110. Id. at 189-190.

111. The newly formulated Growth and Transformation Plan (“GTP”) that replaced
PASDEP to function for the years 2010/11 to 2014/15 reported that “[a] woreda
environment management planning manual was prepared,” with which about 1,450
environmental experts were trained. In addition, the GTP noted that 116 woredas out of the
targeted 125 had prepared and implemented environmental management plans. MINISTRY OF
FINANCE AND ECONOMIC DEVELOPMENT (ETHIOPIA), GROWTH AND TRANSFORMATION PLAN
18 (2010), http://www. mofed.gov.et/English/Resources/Documents/GTP%20English2.pdf
[hereinafter GTP].
112. PASDEP, supra note 60, at 190-91. According to the GTP, twelve EIA manuals
have been prepared, a dry waste management strategy and law have been issued, and sixty-
five experts have been trained accordingly. GTP, supra note 111.
113. MCKEE, supra note 57, at 68.
114. Id.
2012] Ethiopian Environmental Regime 67

pest control through chemicals.115 McKee further questioned the proposed

expansion of the floriculture and horticulture industries, given their heavy
reliance on chemical fertilizers and pesticides.116
Overall, according to McKee, PASDEP prioritized economic growth
and development while environmental and sustainability issues were
“relegated into the background.”117 As a result, aggressive programs have
been implemented in recent years without much consideration of their
environmental impacts. Examples include clearing prime virgin forest for
commercial farming, expanding the flower sector with uncontrolled
chemical fertilizers and pesticide use,118 converting large wetland areas to
commercial farms, and expanding sugarcane and other agro-fuel
commercial farming in lowland areas without effective regulatory and
policy frameworks.119
Like McKee, the Development Assistance Group Ethiopia (“DAG,” a
consortium of donors including the World Bank and U.N. Development
Programme) praised PASDEP’s urban agenda and mainstreaming of
environmental sustainability.120 The group’s assessment, however, found
that PASDEP only weakly addressed issues such as institutional
strengthening for long-term environmental management beyond EPA’s
mandate, or the involvement of other sectors to ensure environmental
sustainability.121 DAG also criticized PASDEP for its urban bias,122 for not
addressing sustainable land management strategies consistently in various
parts of the document, and for “[l]ack of strategic linkage to core poverty

115. Id.
116. Id.
117. Id.
118. See Mulugeta, supra note 107 (discussing the impact of the floriculture sector and
low levels of regulation).
119. MCKEE, supra note 57, at 68-69.
120. DEVELOPMENT ASSISTANCE GROUP, ETHIOPIA: A PLAN FOR ACCELERATED AND
SUSTAINED DEVELOPMENT TO END POVERTY (PASDEP): COMMENTS FROM THE
DEVELOPMENT ASSISTANCE GROUP 9(2006) [hereinafter DAG].
121. Id. at 9-10. DAG highly recommends“[c]ommitment of the sector ministries and
agencies to integrate environment into their planning and implementation processes . . . . For
this to happen, PASDEP should include actions such as enhancement of capacities of line
ministries and their respective environmental units, regional environment bodies to ensure
environment sustainability of development initiatives, and to identify and implement
environment related investments that make an effective contribution towards delivering
sector policies.” Id. at 50.
122. “Overall, the identified strategies in the environment component are focused on
urban challenges, which only partially address key problems facing the rural population. For
instance, consumption of fuel wood and charcoal, land degradation under the increasing
population pressure, watershed management, climate change and biodiversity should be
strategically addressed in the PASDEP.” Id. at 50.
68 Haramaya Law Review [Vol. 1:1

generating factors, like poor land management.”123 The assessment

recommended that environmental strategies be more integrated with other
core areas of PASDEP to ensure sustainability, and emphasized that in
order to achieve the planned impact in the long run, there must be a proper
implementation plan with clearly defined responsibilities and institutional
capacity development.124
PASDEP’s two-year progress was evaluated in 2008 by concerned
groups, who found that good progress had been made in many respects, but
that more needed to be done.125 Paul Ackroyd, co-chair of DAG, suggested
that addressing existing challenges will require stronger planning and
management capacity, as well as enhanced implementation and
coordination, at both the federal and regional levels.126 This assessment
suggests that development of the economic sector has been moving faster
than the means to control and supervise it.
The Ethiopian government recently prepared a new version of
PASDEP, the Growth and Transformation Plan (“GTP”).127 Though it is
too early to evaluate the GTP, mainstreaming of environmental standards
into every development endeavor is still an issue. Furthermore, the
document puts forward building a “green economy” as its only key
environmental direction, and then only in relation to implementing
adaptation or mitigation strategies to climate change,128 making the new
plan less environment-friendly than its predecessor.

IV. Conclusions and Recommendations

Environmental laws have been promulgated at the national and

international levels to further two goals: preventing irreversible
environmental damage and mandating the consideration of environmental
values in all realms of private and commercial activity. International
environmental laws have developed, with some agreements constituting

123. Id. at 49. “Land degradation is a major factor in Ethiopia contributing extensively to
overall poverty, but is not currently addressed in the PASDEP.” Id. at 50.
124. Id. at 10, 49.
125. DEVELOPMENT ASSISTANCE GROUP, PASDEP ANNUAL PROGRESS REVIEW MEETING
BRIEF SUMMARY (2008). Sufian Ahmed, the Ethiopian Minister of Finance and Economic
Development, found that remaining challenges include structural problems, low levels of
productivity, weak implementation capacity, low levels of external finance, unpredictability
and transaction costs of aid, and the rising price of oil.
126. Id.
127. GTP, supra note 111.
128. Id. at 119-121.
2012] Ethiopian Environmental Regime 69

enforceable laws on signatory parties, while others comprise nonbinding

basic principles. Many environmental issues are now regulated
internationally, including climate change, ozone depletion, biodiversity,
movement of hazardous wastes, and toxic chemicals.
As part of the global community, Ethiopia has been an integral part of
this movement. The country has become a party to most of the
international treaties, adopted national policies and laws, and established
institutions to enhance the quality of the environment. Nonetheless, “even
though Ethiopia has approved good policies and [legislation] on paper, the
implementation of measures for the protection of the environment is in
great difficulty.”129 This difficulty is likely the result of “a significant gap
between the official commitments and objectives, and practices on the
ground.”130 Accordingly, the Ethiopian environmental regime may be
characterized as a “rule-based approach,” with many constraints to
implementation. Though the country’s environment has been deteriorating
for many decades, some improvements have been made in soil protection
and sanitation. In order to generate further improvements, the following
areas deserve special attention.

A. Research and Awareness

There is a tremendous need for more environmental education and

awareness, as many local environmental issues can only be effectively
addressed by the people themselves.131 Research is also helpful in
assessing and publicizing the gravity of environmental problems,
developing adaptation methods for different problems, and updating
scientific discoveries about technology or new threats.132

B. Political Commitment

It is essential to mainstream and integrate environmental

considerations into all national development plans, sectoral policies, and
programs, as well as at the project level.133 The past years have shown that

129. Fikremariam, supra note 56.

130. DAHLBERG ET AL., supra note 62, at 2.
131. Id. at 8.
132. POVERTY ACTION NETWORK OF CIVIL SOCIETY ORGANIZATIONS IN ETHIOPIA
[PANE], WORKSHOP TO REVIEW THE IMPACT OF CLIMATE CHANGE ON PASDEP AND MDGS
ASSESSMENT REPORT PROCEEDINGS 17-21(2009) [hereinafter PANE].
133. Id.; see also DAHLBERG ET AL., supra note 62, at 8. Though the Constitution and
70 Haramaya Law Review [Vol. 1:1

environmental degradation is the result of development activities that look

only at short-term technical feasibilities and economic benefits; this
problem remains in some sectors.134

C. Institutional Strength/Capacity

Stronger institutions are needed, with extended mandates, experts, and

resources in order to coordinate and supervise activities down to the
community level.135 This will involve building the capacity of
environmental protection agencies and other stakeholders at both the
federal and regional levels, actively involving all stakeholders at the
grassroots level, and creating strategic alliances and partnerships among
stakeholders.136 Moreover, local NGOs and women must be supported and
allowed full participation in all aspects of the development process,
especially policy formulation, analysis, and monitoring and evaluation of
impacts.137

D. Legal Frameworks

The Ethiopian environmental regime is characterized by a rule-

oriented approach with low enforcement capacity, but there are also legal
lacunae in the implementation of policy documents. Legislative action must
establish standards for different environmental concerns. For instance,
legislation is needed to compel sectoral and financial institutions to
coordinate with EPA and obtain environmental clearance before rendering
relevant services, as well as to create standards for waste emissions by
older factories and cars.

E. Coordination and Enhanced Participation

Governmental and nongovernmental actors and the donor community

national policies have highlighted the integration of environmental concerns into

development activities, these have been generally disregarded due to a lack of awareness
and commitment on the part of government officers.
134. MELCA MAHIBER & SHEKA FOREST ALLIANCE, ENVIRONMENTAL IMPACT
ASSESSMENT: IMPLEMENTATION AND CHALLENGES6-7(2008), available at http://www.melca-
ethiopia.org/images/stories/Publication/Proceeding%20of%20EIA%20WS.pdf.
135. PANE, supra note 132.
136. MELCA, supra note 134, at 17.
137. MEDHIN, supra note 59, at 26-27.
2012] Ethiopian Environmental Regime 71

must collaborate and coordinate their activities to avoid duplication of

efforts, achieve better results, and encourage the participation of different
stakeholders in decision-making at all levels.138

138. PANE, supra note 132. This also avoids power struggles in which different
agencies and stakeholders all claim a mandate to control some environmental issue.
72 Haramaya Law Review [Vol. 1:1

***