Administrative Powers of the Federal Environmental Protection Authority of Ethiopia in the Protection of the Environment: The Law And The Practice

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Date

2010-06

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Addis Ababa University

Abstract

This study examines into the extent of exercise of rule making, adjudication and investigative powers of the Federal Environmental Protection Authority of Ethiopia (FEPAE). The investigation has mainly focused on revealing gaps in the law and the practice of implementation of the mandates of the organization under study. Reviews of legal instruments, key informant interview, as well as documentation of prevalent realities pertaining to the institutional operation of FEP AE were the major sources of data. Qualitative analysis were employed, and the analysis were multifaceted, iterative, and simultaneous which eventually mirror out what has been intended to put into practice and what is actually being accomplished. Findings revealed that the FEPAE is not up to expected to review and approve the enabling directives, guidelines and environmental standards which are thought to be the sine qua conditions for the realization of its very mandates and that have a far reaching implication on regional environmental authorities to apply the same or formulate their own no less stringent laws. Secondly, the study uncovered that the FEPAE has no full-fledged legal and institutional machineries that guarantee the protection of the environment with regard to review of environmental impact assessment and adjudication of complaints. Thirdly, the FEPAE's act of delegation of the power to review EIAR to sector institutions is found to be subject to substantive and procedural ultra virus. Fourthly, it is learnt that the FEP AE institutional structure does not consist of environmental inspectors unit which is expected to generate up to date information that enables it to take timely action in the case of actual or potential damage to the environment. Finally, the study implied that the failure of the FEPAE to exercise its mandates up to the expected may have negative implication on the protection of the environment, and in turn in the realization of sustainable development.

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Environmental Protection

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