December, 2005
THE IMPLEMENTATION OF THE NATIONAL POLICY ON ENVIRONMENT
(Three year renewable)
Lusaka, Zambia.
by
I. P. A. Manning
1 INTRODUCTION
The first meeting of the Natural Resources Consultative Forum (NRCF) on 24 March 2005 - a forum funded by DANIDA for a one-year pilot phase, and a second three-year phase up to 2008, was launched by its Chairman, Mr. Mulele Russell Mulele, Permanent Secretary to the Ministry of Tourism, Environment and Natural Resources (MTENR).
NRCF was envisaged as a neutral platform for stakeholder participation in the management of natural resources, particularly policy formulation. The NRCF is member driven, and promotes the transfer of technical information within the sector. The deliveries of the NRCF are advisory notes encapsulating stakeholder issues and concerns, addressed to the MTENR Permanent Secretary. Issues discussed by the NRCF, many of them of a cross-cutting nature, includes all the relevant agencies and sectors that have a bearing on the functioning of MTENR and its core responsibilities to both Government, the legislature and the nation as a whole. The development objective of NRCF was to provide national policy goals – within a supporting technical framework, on the sustainable use and conservation of Zambia’s natural resources, with the immediate objective being to provide an organization able to deliver such an objective. However the production of the National Policy on Environment, the final draft of which was produced in May 2005, has already provided the national policy goals – albeit, correctly, of a more holistic nature, including as it does environment and natural resources, and has confirmed the need for a formal institutional mechanism to structure natural resource and environmental issues and to provide sustainability. What is therefore now required is for the NRCF to lobby for the acceptance of the NPE, and to implement the NPE within a 3 year renewable project format. The motivation for this is lent added direction by the forward to the NPE by the Minister, MTENR: “Throughout the world it is increasingly recognised that development in all its forms should incorporate means for safeguarding the environment and for ensuring sustainable use of resources. In Zambia, development programmes are using water, soil, mineral, and forest resources at an increasing rate. With a fast growing population the drive to meet goals set out in national development strategies and in international conventions, most recently defined in the Millennium Development Goals (MDG), has likewise accelerated. Today, the extent of resource depletion indicates that mounting pressure is being exerted upon the environment, particularly in the key economic sectors of tourism, agriculture and industry", leading to widespread deterioration and depletion at a "fast rate". To avoid conflicts of interest, to harmonize sectoral strategies, to rationalize legislation that concern the use and management of land, water and natural resources and to attain an integrated approach to development through a national cross-cutting consensus, it was recognized by the Government that a National Policy on Environment (NPE) should be promulgated. It was expected that the Policy would be developed through a comprehensive research and consultative process and would be fully integrated in principles of decentralization, community participation and privatization that underpin sustainable development. The origins of concern for the environment and the outstanding wealth of natural resources, ecosystems, habitats, soils, minerals, water, plants and animals, set in a rich, social and cultural setting in Zambia, going back to early indigenous systems. These were mostly supplanted by a proliferation of statutory laws and regulations, ostensibly to accommodate the requirements and physical impacts of development of infrastructure and of protected areas, urbanisation, forestry, agriculture expansion, tourism and industrialisation. In the course of preparation of national strategies and policies aimed at good governance and care for the environment, pollution control and prudent use of resources, a National Conservation Strategy was published in 1985 which was followed by several economic sector policies, some of which incorporated environmental matters. In 1990 the Environmental Protection and Pollution Control Act Number 12 (amended in 1999), was approved as the principal law relating to environmental issues. This was supported in 1994 by the National Environmental Action Plan, which was intended to carry through implementation of environmental conservation, and development plans. With growing appreciation of the top priority need to eradicate poverty it was also recognised that sustainable development must embrace natural resource conservation as an equal partner. It is also widely realised that successful campaigns to achieve lasting and effective economic and social development require a strong sense of ownership rooted in a firm community base built around effective local institutions. Stemming from these concepts the Government adopted a National Biodiversity Strategy and Action Plan in 1999 and has defined comprehensively the salient issues in the Zambia Poverty Reduction Strategy Paper 2004 and the National Decentralisation Policy 2003. These focus upon measures to achieve strong sustained economic growth, which cannot take place without environmental conservation and sustainable use of resources, for which a supporting national policy is required. In August 2003, the Ministry of Tourism, Environment and Natural Resources (MTENR) confirmed the need for the National Policy on Environment, which was launched in a consensus-building workshop to strengthen existing sectoral policies and agree the process for its development. It was agreed that a national policy to safeguard the environment was required and increasingly relevant. It would ensure that the use of natural resources would be kept within sustainable levels, that the waste and unavoidable impacts would not cause excessive damage and that society as a whole would take on responsibility for measures needed to meet these objectives. In summary: Purpose: The main purpose is to create an umbrella policy for the welfare of the Nation's environment so that socio-economic development will be achieved effectively without damaging the integrity of the environment or its resources. Expected results: It can be expected that, if the National Policy on Environment is successfully developed, accepted and implemented nationwide, then economic development will increase and conservation of the environment with sustainable utilization of natural resources assured. This will help attain and ultimately secure the goal of development without destruction. The challenges are to create a policy that will facilitate development whilst at the same time conserving natural resources and without hindering social and economic objectives as defined in national sectoral policies and in the Millennium Development Goals. To attain this target it will be necessary to harmonise disparate sector policies and to introduce suitable institutional, legal and funding measures required for implementation, building wherever possible on the existing foundation. This will require mobilising public support and creation of a positive attitude of mind towards current environmental problems and their solution. This can only be done by provision of adequate funding and dedicated human resources to carry the policy through both at the central and local levels. Full use should be made of a holistic approach that will rationalise sector policies and decentralisation. The greatest challenge will be for all citizens to willingly embrace the National Policy on Environment and work together to its successful implementation, for the benefit of present and future generations. In administrative terms an Institutional Framework and Action Plan with sufficient funding will be required for inter-sectoral implementation under the auspices of the MTENR and in line with the National Decentralisation Policy, 2003.”
2 NRCF PROJECT CONTEXT
The NRCF has been overcome by the rapidity of events i.e. the production of the NPE and the growing impatience within civil society, among donors, rural communities and Government for the attainment of the UN Millennium Development Goals through sound environmental and natural resource use. The clarion call by the Minister MTENR for funding for an Institutional Framework and Action Plan for inter-sectoral implementation under the auspices of the MTENR, and in line with the National Decentralisation Policy, 2003, underlines the crucial importance of this proposal, which is to lead to the development of a project document and its implementation
3 OBJECTIVE
‘The National Policy on Environment is successfully developed, accepted and implemented nationwide, resulting in increasing economic development and conservation of the environment, with sustainable utilization of natural resources assured. This will help attain and ultimately secure the goal of development without destruction.’
4 GENERAL OUTCOMES
Meeting goals set out in national development strategies and in international conventions, most recently defined in the Millennium Development Goals (MDG)
Avoidance of conflicts of interest, the harmonization of sectoral strategies and the rationalization of legislation that concern the use and management of land, water and natural resources and
The attainment of an integrated approach to development through a national cross-cutting consensus
Making a significant contribution to national principles of decentralization, community participation and privatization that underpin sustainable development
Making a major contribution to the eradication of poverty and wealth
Sustainable development embracing natural resource conservation as an equal partner
Achievement of a sense of ownership rooted in a firm community base built around effective local institutions.
The use of natural resources kept within sustainable levels
Society as a whole takes on responsibility
Disparate sector policies harmonized and suitable institutional, legal and funding measures obtained
Public support mobilized with a positive attitude towards current environmental problems and their solution
A holistic approach implemented that rationalises sector policies and decentralisation.
Provision of a funded Institutional Framework and Action Plan for inter-sectoral implementation under the auspices of the MTENR, and in line with the National Decentralisation Policy, 2003.
5 NRCF OUTPUTS AND ACTIVITIES TO IMPLEMENT NPE
OUTPUT 1: NRCF ORGANIZATION AND ADMINISTRATATION (Phase 1 & 2)
Activity 1.1 Establish NRCF secretariat with appropriate staffing levels
Activity 1.2 Define membership criteria and provide their TOR
Activity 1.3 Define Steering Committee and its TOR
Activity 1.4 Provide funding and budgetary controls
OUTPUT 2: ORGANIZATION AND ADMINISTRATION OF ENVIRONMENT AND NATURAL RESOURCES SECTOR
Activity 2.1 Review administrative systems
Activity 2.2 Review scientific capacity
Activity 2.3 Review management capacity
Activity 2.4 Review existing institutions and propose the appropriate institutional mechanism for NPE implementation
OUTPUT 3: CUSTOMARY LAW
Activity 3.1 Review customary law land provisions
Activity 3.2 Review natural resource ‘ownership’ provisions
OUTPUT 4: REVIEW NATIONAL POLICY AND LEGISLATION
Activity 4.1 Establish a comprehensive legal framework for an integrated approach to environmental care and the sustainable use of natural resources
Activity 4.2 Provide an inventory of legal reviews commenced under the Environmental Support Programme (ESP) with specific legislations harmonised
Activity 4.3 Land tenure and land use
Activity 4.4 Conservation of biological diversity
Fisheries
Forestry
Wildlife
Activity 4.5 Protected areas (not GMAs), investment and public private Partnerships
Activity 4.6 Trans-boundary and Regional Conservation
Activity 4.7 Game Management Area contradictions – Lands Act 1995 & Wildlife Act of 1998
Activity 4.8 Community-based natural resource investment and management
Revisit the Natural Resources Act Cap 315 of 1962/Natural Resources Act of 1970
Activity 4.9 Alien species
Activity 4.10 Bio-safety
Activity 4.11 Trade in biological resources
Activity 4.12 Environmental legislation, policy and management review
The Constitution
National Poverty Reduction Strategy 2004. Introduce provision on wildlife predations on communities, and their amelioration
National Conservation Strategy (NCS) 1985
National Environmental Action Plan (NEAP) 1994
National Development plan
National Biodiversity Strategy and Action Plan 1999
Promulgate new legislation to support the Environmental Protection and Pollution Control Act No. 12 of 1990. (Amended in 1999)
National Decentralisation Policy 2003
Draft National Environmental Policy, May 2005
Environmental impact assessments, audits and monitoring
Environmental planning
Environmental education and public awareness
Human settlement and health
Environmental Human Resource Development and Research
Gender, Youth and Children
Demographic Planning
Air Quality and Climate Change
OUTPUT 5: INSTITUTIONS ADMINISTERING NATURAL RESOURCE MANAGEMENT
Activity 5.1 Compile inventory of responsibilities
Activity 5.2 Record projects
OUTPUT 6: COMPLIANCE AND ENFORCEMENT
Activity 6.1 Review short-term issues: the law and enforcement efficacy
Activity 6.2 Review law knowledge dissemination
Activity 6.3 Provision of law enforcement and training manual
Activity 6.4 Review international provisions and agreements
OUTPUT 7: ENHANCING STAKEHOLDER PARTICIPATION IN THE POLICY AND LEGISLATIVE PROCEES AFFECTING NATURAL RESOURCES
Activity 7.1 Provide strategies for enhancing stakeholder participation
Activity 7.2 Court Cabinet Office and Management Development Division, which run the Public Sector Capacity Building Project so as to give policy input
Activity 7.3 Install a policy and legislative tracking monitoring system and disseminate information
Activity 7.4 Court the Parliamentary Subcommittee entrusted with natural resource sectors, monitoring the Executive through the Action Taken mechanism
Activity 7.5 Identify friends of NRCF able to provide financial and technical support
Activity 7.6 Form small specialized natural resource working groups to link with relevant authorities
Activity 7.7 Liase with Cabinet liaison officers of line Ministries and maintain links with staff of the Policy and Analysis Co-ordination Division at Cabinet Office and with lawyer’s in the Attorney- General’s Chambers – in particular the Legislative Drafting Department.
Activity 7.8 Facilitate the establishment of natural resource empowered community resource boards or institutions so as to enhance information dissemination
Activity 7.9 Translate policies and laws into the vernacular in a simple form and disseminate to the community institutions
OUTPUT 8: INTERNATIONAL CONVENTIONS AND AGREEMENTS: ENVIRONMENTAL AND NATURAL RESOUCE CONSIDERATIONS
Review the Southern African Development Community (SADC)
Review the New Partnership for Africa’s Development (NEPAD)
Review the World Summit on Sustainable Development (WSSD)
Review Biosphere Reserves (UNESCO)
Review the UN Millennium Development Goals implementation
Review the African Convention on the Conservation of Nature and Natural Resources implementation
Review the CITES Convention implementation
Review the Biodiversity Convention implementation
Review the Ramsar Convention implementation
Review the Lusaka Agreement implementation (Output 6)
Review the Commission for Africa agreements
Review the African Union accords
OUTPUT 9: BIODIVERSITY CONSERVATION AND PROTECTION
Activity 9.1 Review ZAWA’s management of wildlife
Activity 9.2 Review local community rights and obligations
Activity 9.3 Review the Forestry Department
Activity 9.4 Review Agriculture and Water Departments
OUTPUT 10: LAND TENURE
Activity 10.1 Review current land tenure system
Activity 10.2 Review Game Management Areas and their impact on people
Activity 10.3 Review community/investor partnerships
OUTPUT 11: PROTECTED AREA MANAGEMENT
Activity 11.1 Review status of national parks, bird sanctuaries and national forests
Activity 11.2 Review PPP mechanisms
OUTPUT 12: AGRICULTURE
Activity 12.1 Review conservation agriculture
Activity 12.2 Review community/investor outgrower schemes
OUTPUT 13. DONORS AND INVESTORS
Activity 13.1 Review donor contribution to the sector
Activity 13.2 List all projects and current progress
Activity 13.3 Asses drawdown on Government capacity
Activity 13.4 Establish donor co-ordination group
Activity 13.5 Review investor contributions
Activity 13.6 Provide SWOT analysis
Activity 13.7 Establish investor/ZIC co-ordination group
Activity 13.8 Creation of a decentralized environmental fund, direct Government grants and proceeds of a share of fees from environmental assessments, concession fees, licenses, leases and mitigation measures.
Activity 13.9 Provide a strategy for Government to raise funds from other sources as necessary.
OUTPUT 14: INDUSTRIALIZATION AND URBANIZATION
Activity 14.1 ?
OUTPUT 15: AWARENESS AND COMMUNICATIONS
Activity 15.1 Establish and manage a website carrying all pertinent data and information
Activity 15.2 Strategise the use of radio and print media for dissemination
OUTPUT 16 ACTION PLAN
Activity 16.1 Provision of time Frame
Activity 16.2 The Institutional Arrangements
Activity 16.3 The legal Framework
Activity 16.4. Monitoring and Evaluation
Activity 16.5 Resource Mobilisation and Financing
5. TIME FRAME
To be advised by Donors
6. MONITORING AND EVALUATION
The lobbying process for the acceptance of the NPE and its formulation by Donors within a full project document for implementation should be overseen by the NRCF – together with the Donors.
7. BUDGET