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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Keywords
Environmental Protection