The major environmental problem reportedly faced by Zambia is deforestation. A case study carried out by the European Forest Institute in 2000 gives figures: the annual rate of deforestation ranges from 250,000 to 900,000 hectares representing 0.5 to 2.0 % of the country's forest area.
Apart from other social and environmental impacts, the consequences of this process are felt on water supplies, since forests regulate much of the catchment area of the Zambezi river and are essential during the annual seven month long dry season.
The problem has reached a point where even the government has acknowledged the risk that forests may be wiped out if it does not put in place measures to stop deforestation. The Minister of Tourism and Natural Resources, Levison Mumba, said recently that the timber industry was a profitable business, but that it did not contribute to the country's gross domestic product because of lack of transparency by the stakeholders involved. He also suspected of tax evasion by the sector as well as illegal logging in forest reserves.
The government has recognised that the timber industry creates jobs, but the export of raw logs from the country deliver no benefit to the nation. The country must move away from the idea of importing furniture from other countries when it has the ability to make high-class furniture, said the Minister, who also expressed the need to support local firms that turn timber into finished goods and to look at the legislation regarding the export of unprocessed timber in order to protect the local market.
The Minister appears to be moving in the right direction in the sense of linking forest conservation and use with social benefits derived from the development of a local timber processing industry. What he may not be aware of is that these sensible ideas may prove difficult to implement within the free trade policies imposed by the industrialized world through the World Trade Organization, which may define them as "barriers to trade", thus declaring them illegal.
Source: WRM's bulletin Nº 60, July 2002.
Tuesday, October 17, 2006
Merrily, Merrily, A Logging We Will Go!...
Chinese logging in Jumbe, Eastern Province
Mrs Mbewe, the Chairperson of the MMD in Chipata, has– with Chinese partnership, and through her company Macram Mining Enterprises, applied formally for a pit saw licence to cut a min of 40 trees and a max of 60 trees in Jumbe district a month, proposing to take out a total of 18,000 hardwood trees. At least 150 trees had been cut before formal issue of any licenses, which should disqualify Macram immediately from any logging. Despite calls to the Forestry Department and the Environmental Council of Zambia to stop the activity, it continued due to the inaction of some junior officers: a junior ECZ officer had failed to report the matter to his superiors, who have now dispatched a team to investigate, and a similar junior lethargy had affected the Forestry Department ranks, though - now that he knows about it, the Principal Extension Officer, Mr Wiseman Sangulube has promised he will follow the matter up and pursue prosecution for illegal cutting and for taking the trees into Malawi without papers.
Mrs Mbewe, the Chairperson of the MMD in Chipata, has– with Chinese partnership, and through her company Macram Mining Enterprises, applied formally for a pit saw licence to cut a min of 40 trees and a max of 60 trees in Jumbe district a month, proposing to take out a total of 18,000 hardwood trees. At least 150 trees had been cut before formal issue of any licenses, which should disqualify Macram immediately from any logging. Despite calls to the Forestry Department and the Environmental Council of Zambia to stop the activity, it continued due to the inaction of some junior officers: a junior ECZ officer had failed to report the matter to his superiors, who have now dispatched a team to investigate, and a similar junior lethargy had affected the Forestry Department ranks, though - now that he knows about it, the Principal Extension Officer, Mr Wiseman Sangulube has promised he will follow the matter up and pursue prosecution for illegal cutting and for taking the trees into Malawi without papers.
Sunday, October 15, 2006
NATIONAL FOREST NO. P54: WEST MVUVYE
NATIONAL FOREST NO. P54: WEST MVUVYE Government Notices
168 of 1955
340 of 1960
Statutory Instrument
158 of 1975
NOTE-All bearings, which are referred to Grid North, and all distances quoted in
this description must be understood as being approximate.
The area must likewise be regarded as an approximation.
Starting at the confluence of the Mvuvye and Mtirizi rivers, the Boundary
follows the left bank of the latter upstream to its confluence with the Katuwa
Stream; thence up the left bank of the Katuwa to a forest beacon at its source;
thence on a bearing of 232 degrees for 5,577.84 metres; thence in a straight
line to Beacon NRP22 on Chipirinyuma Hill; thence on a bearing of 320 degrees
for 5,791.2 metres; thence on a bearing of 325 degrees to the source of the
Nyamadzi stream; thence down the right bank of this stream to a forest beacon
situated east of the source of the Kalambola Stream on a bearing of 108 degrees
from that source; thence to the source of the Kalambola Stream and continuing
down its right bank to its confluence with the Luangwa River; thence up the left
bank of the latter river to its confluence with the Mvuvye River; thence up the
left bank of the latter to a forest beacon at the foot of the Kambala Hill
ridge; thence in a general south-westerly direction along the top of this ridge
to a forest beacon on the Chimanga Stream; thence up the left bank of this
stream to a forest beacon at its source; thence south-eastwards in a straight
line to a forest beacon at the source of the Nyakamba Stream; thence down the
right bank of this stream to a forest beacon near its confluence with the Lupezi
stream; thence south-eastwards in a straight line to the confluence of the
Mvuvye and Mtirizi rivers, the point of starting.
Included within the National Forest but not within the above described
boundaries are the eastern, southern and western slopes of the Chipirinyuma
Hill.
The above described area, in extent 62,728.5 hectares approximately, is shown
bordered green upon a plan numbered FR102/1 deposited in the office of the
Surveyor-General, signed by him and dated 5th October, 1960.
168 of 1955
340 of 1960
Statutory Instrument
158 of 1975
NOTE-All bearings, which are referred to Grid North, and all distances quoted in
this description must be understood as being approximate.
The area must likewise be regarded as an approximation.
Starting at the confluence of the Mvuvye and Mtirizi rivers, the Boundary
follows the left bank of the latter upstream to its confluence with the Katuwa
Stream; thence up the left bank of the Katuwa to a forest beacon at its source;
thence on a bearing of 232 degrees for 5,577.84 metres; thence in a straight
line to Beacon NRP22 on Chipirinyuma Hill; thence on a bearing of 320 degrees
for 5,791.2 metres; thence on a bearing of 325 degrees to the source of the
Nyamadzi stream; thence down the right bank of this stream to a forest beacon
situated east of the source of the Kalambola Stream on a bearing of 108 degrees
from that source; thence to the source of the Kalambola Stream and continuing
down its right bank to its confluence with the Luangwa River; thence up the left
bank of the latter river to its confluence with the Mvuvye River; thence up the
left bank of the latter to a forest beacon at the foot of the Kambala Hill
ridge; thence in a general south-westerly direction along the top of this ridge
to a forest beacon on the Chimanga Stream; thence up the left bank of this
stream to a forest beacon at its source; thence south-eastwards in a straight
line to a forest beacon at the source of the Nyakamba Stream; thence down the
right bank of this stream to a forest beacon near its confluence with the Lupezi
stream; thence south-eastwards in a straight line to the confluence of the
Mvuvye and Mtirizi rivers, the point of starting.
Included within the National Forest but not within the above described
boundaries are the eastern, southern and western slopes of the Chipirinyuma
Hill.
The above described area, in extent 62,728.5 hectares approximately, is shown
bordered green upon a plan numbered FR102/1 deposited in the office of the
Surveyor-General, signed by him and dated 5th October, 1960.
Perfidious alienations...Phase 1
Phase 1 of the alienation - under a 99 year lease, to Zaeed Patel, son of Gulam Patel, of part of the West Mvuvye National Forest No. 54 in Nyimba/Petauke district is now complete. This portion of what was historically part of the Mwape traditonal lands was 'sold' to Patel by Chieftainess Mwape, without the full agreement of her headmen, but with the agreement of the Nyimba District Council, and a lease issued in a short time by the Ministry of Lands, despite this being a National Forest. The Forestry Department has advised me that their hands are tied as the lease was issued by an official in the office of the Commisioner of Lands.
Prior to this, as documentation earlier in the blog attests, her brother, Senior Chief Luembe, had agreed - as a co-director of the Luembe Trust, to seek a Joint Forest Management agreement with the Forestry Department, and to enter into a separate agreement with his sister in order for her chiefdom and its people to benefit from the appropriate development of the forest based on a landuse plan agreed to by the Forestry Department.
Phase 2: the alienation of what was once part of Luembe's country is now under way, as posted documentation will reveal. As a result of this, and other misdemeanours, the Luembe Headmen and people of Luembe are oncemore seeking to have the present chief impeached.
Prior to this, as documentation earlier in the blog attests, her brother, Senior Chief Luembe, had agreed - as a co-director of the Luembe Trust, to seek a Joint Forest Management agreement with the Forestry Department, and to enter into a separate agreement with his sister in order for her chiefdom and its people to benefit from the appropriate development of the forest based on a landuse plan agreed to by the Forestry Department.
Phase 2: the alienation of what was once part of Luembe's country is now under way, as posted documentation will reveal. As a result of this, and other misdemeanours, the Luembe Headmen and people of Luembe are oncemore seeking to have the present chief impeached.
An early intimation...
The Luembe Conservancy Trust
P.O. Box 31333,
Longacres, Lusaka
Tel: 1 28 22 44
gamefields@zamnet.zm
CONFIDENTIAL
The Secretary
Nyimba District Council
Nyimba
Dear Sir,
Re Alienation of land by Chieftainess Mwape to a Mr Zaeed Patel
I was recently meeting with the senior members of the Nyalugwe Community Resource Board who informed me that they had just heard from a Mr Thomas Mwengwe that he had just facilitated the agreement of Chieftainess Mwape and her headmen to the alienation of a large area of land lying in favour of a Zaeed Patel between the Mvuvye and Nyamadzi streams on the east bank of the Luangwa river.
As I have been advising the Mwape family concerning their desire to redress the actions of the late Chieftainess in alienating the Kaundi country bordering on Sandwe GMA, by returning the land to customary control under the newly appointed Chieftainess, I am dumbfounded that the Chieftainess has taken such an inconsidered action in recommending that the land be alienated to Patel for a 99 year renewable lease, effectively removing the land from her community in perpetuity. As you know our Trust has been in negotiation with the Forestry Department concerning a public private partnership in the sustainable use of the West Mvuvye National Forest (No.54), and we have been waiting for a meeting between Mwape and Senior Chief Luembe to agree to the scheme going ahead. Mwape had been drawn in to the scheme in order to give her people an opportunity to improve their livelihoods through the investment which would follow. This is the very area which she has now made an attempt to alienate.
I wish therefore to draw your attention to the following:
• The West Mvuvye is a gazetted National Forest and is therefore not under customary control. Her actions, and any resulting agreement is therefore illegal.
• Given the history of alienations in Nyimba District (Luembe, Nyalugwe and Mwape) it is incumbent on the Council not to sign off on any large alienations, though in this case they have no power to do so, it being a National Forest, confirmed by the Provincial Forestry Officer, Mr Chendaoke
• The Trust has the Council as a trustee, and therefore the Council is aware of the current efforts to bring investment and development to the region. The exchange of land in perpetuity for salaula, vehicles and grinding mills would represent a shameful abrogation of customary authority and Council responsibilities
• Part of the West Mvuvye was once customary land, but it is no longer, being converted - with the agreement of the chiefdoms, to the highest status of protection
• East Mvuvye may soon be de-gazetted and returned to customary land, but this should not be done for West Mvuvye.
Yours sincerely,
I.P.A. Manning
Co-Director
c.c. Lazarus Mulowa
c.c Senior Chief Luembe
c.c Chairman Luembe Community Resource Board
c.c Mr Chendaoke, Forestry Department.
P.O. Box 31333,
Longacres, Lusaka
Tel: 1 28 22 44
gamefields@zamnet.zm
CONFIDENTIAL
The Secretary
Nyimba District Council
Nyimba
Dear Sir,
Re Alienation of land by Chieftainess Mwape to a Mr Zaeed Patel
I was recently meeting with the senior members of the Nyalugwe Community Resource Board who informed me that they had just heard from a Mr Thomas Mwengwe that he had just facilitated the agreement of Chieftainess Mwape and her headmen to the alienation of a large area of land lying in favour of a Zaeed Patel between the Mvuvye and Nyamadzi streams on the east bank of the Luangwa river.
As I have been advising the Mwape family concerning their desire to redress the actions of the late Chieftainess in alienating the Kaundi country bordering on Sandwe GMA, by returning the land to customary control under the newly appointed Chieftainess, I am dumbfounded that the Chieftainess has taken such an inconsidered action in recommending that the land be alienated to Patel for a 99 year renewable lease, effectively removing the land from her community in perpetuity. As you know our Trust has been in negotiation with the Forestry Department concerning a public private partnership in the sustainable use of the West Mvuvye National Forest (No.54), and we have been waiting for a meeting between Mwape and Senior Chief Luembe to agree to the scheme going ahead. Mwape had been drawn in to the scheme in order to give her people an opportunity to improve their livelihoods through the investment which would follow. This is the very area which she has now made an attempt to alienate.
I wish therefore to draw your attention to the following:
• The West Mvuvye is a gazetted National Forest and is therefore not under customary control. Her actions, and any resulting agreement is therefore illegal.
• Given the history of alienations in Nyimba District (Luembe, Nyalugwe and Mwape) it is incumbent on the Council not to sign off on any large alienations, though in this case they have no power to do so, it being a National Forest, confirmed by the Provincial Forestry Officer, Mr Chendaoke
• The Trust has the Council as a trustee, and therefore the Council is aware of the current efforts to bring investment and development to the region. The exchange of land in perpetuity for salaula, vehicles and grinding mills would represent a shameful abrogation of customary authority and Council responsibilities
• Part of the West Mvuvye was once customary land, but it is no longer, being converted - with the agreement of the chiefdoms, to the highest status of protection
• East Mvuvye may soon be de-gazetted and returned to customary land, but this should not be done for West Mvuvye.
Yours sincerely,
I.P.A. Manning
Co-Director
c.c. Lazarus Mulowa
c.c Senior Chief Luembe
c.c Chairman Luembe Community Resource Board
c.c Mr Chendaoke, Forestry Department.
West Mvuvye and the Luembe Trust
SENIOR CHIEF LUEMBE, DIRECTOR THE LUEMBE CONSERVANCY TRUST COMPANY
(Limited guarantee company under registration)
Senior Chief Luembe. Private Bag 3, Nyimba
P.O. Box 31333, Longacres, Lusaka, Zambia.
Telephone: (260) 1 25 60 22
gamefields@zamnet.zm
www.projectsafrica.com
MVUVYE WEST NATIONAL FOREST
Memorandum of Understanding
The Mwape Customary Authority
1 PARTIES
This document proposes an agreement between Senior Chief Luembe acting on behalf of The Luembe Conservancy Trust Company Limited – a trust established to sustainably manage the natural resources of the Luembe, and the Mwape Customary Authority
2 PURPOSE
The Trust is in negotiation with the Department of Forestry to enter into a joint management agreement with them for the sustainable utilization of the West Mvuvye National Forest. This agreement would give sole user rights for natural resources – under certain conditions, to the Trus,t with the responsibility for biodiversity protection and sustained utilization of the timber resources. To this end, while negotiations are in progress, the Trust wishes to enter into an agreement with the Mwape Customary Authority to share revenue and benefits on the basis of the traditional divisions of the national forest i.e. as existed before the national forest was alienated from both Luembe and Mwape.
2.1 Background
Under the Lands Act of 1995, Government (GRZ) confirmed the responsibility of the customary authority for land held under customary tenure – and two further acts, 1) the Wildlife Act of 1998 prescribes the election of Community Resource Boards (CRBs) AND provides as one of its main missions: ‘to facilitate the active participation of local communities in the management of the wildlife estate’, and, 2) the Forestry Act No. 7 of 1999, which though yet to be enacted is already advancing its de-centralization and community ownership provisions. Making use of such mechanisms, and greatly expanding them, a Chipuna conservancy partnership (three-legged stool) of customary authority, NGO and investor/manager is being established in the Luembe area of Luangwa Valley. This conservancy approach is directly in line with the Zambia Wildlife Authority’s (ZAWA) Draft Policy on Private Wildlife Estates and Other Novel Use of Wildlife (May 2003), presently being circulated for comment, which emphasizes strategic partnerships between itself, the communities and the private sector in developing the community wildlife estate. However, wildlife is only one of the natural resources involved and it is now necessary to introduce a co-management agreement with Forestry Department as an integral part of the holistically managed conservancy, and in addition, to forge similar agreements with Ministries responsible for other resources.
1.2 Chipuna Conservancy Development
A Chipuna Conservancy Development provides the essential structure for rural development of investment, land and community partners, as well as the necessary expertise to carry out scientifically directed integrated development. Crucially, the Chipuna relies on investment - as apposed to donor involvement, and uses land – rather than takes ownership of it.
Under the Lands Act, and that provided by customary law, Senior Chief Luembe and his 353 headmen (the Luembe Customary Authority (LCA)) have therefore allocated ‘rights to use and occupation of land under customary tenure’ of all the land under its control (excluding land for settlement and agricutureal development) to the Luembe Conservancy Trust Company, a non-profit trust whose Subscribers are the LCA, The Nyimba District Council, The Luembe Community Resource Board (LCRB), ProjectsAfrica and Gamefields Limited (five organizations), with ProjectsAfrica responsible for facilitating community projects, and Gamefields Limited the principal investment facilitator and manager of the conservancy. Income will be received into a Luembe Trust Fund from rentals and levies paid by Gamefields.
2.4 Purpose of this agreement
• That the West Mvuvye National Forest become part of the Luembe Conservancy overseen by the Luembe Trust, the basis of this being a co-management agreement (public private partnership) with the Forestry Department
• That the Luembe Trust and the Forestry Department jointly provide a management plan in which eco-tourism and logging for value-added community run co-operatives and businesses takes place
• That the appropriate management and use of the Forest take place under the general supervision of the Luembe Trust and the Forestry Department.
• That, through this specific agreement, Luembe and Mwape agree to share revenue on the basis of the original traditional lands under their control
2.5 The Principles
The parties to abide by the following principles in the development of a contract:
• The Forestry Department to take on the Luembe Trust as its exclusive partner in the management of the Mvuvye, agreeing not to issue logging licenses or any other rights of access to any other person or organization
• That the Luembe Trust agree to conserve all the resources and to follow a management plan mutually to be agreed upon
• The Luembe Trust to oversee the equitable sharing of benefits between the Mwape and Luembe communities
3. MUTUAL INTEREST OF THE PARTIES
To ensure the conservation of the Mvuvye, and the sustained use of its forest for the benefit of local communities; and by so doing, to avoid and deter any further invasion and settlement of the forest, as well as the illegal use of its resources.
4 AGENCY RESPONSIBILITIES
4.1 General
To jointly ensure the conservation of the Mvuvye Forest
4.2 Luembe Trust Company and Gamefields Limited
The Luembe Trust would have responsibility for seeing that an agreed management plan for the area is implemented, and for the performance of its management contractor, Gamefields Limited
4.3 Forestry Department
The FD would be responsible for full assistance and advice on the controlled exploitation of the forest for the benefit of the local economy
4.4 Prohibitions
• The FD to give exclusive use of the forest to the Luembe Trust
• The Luembe Trust to assume, with the FD, full responsibility for its management
5 SHARED CONCERNS
The Parties share a common concern for the preservation of the forest and the avoidance of any further illegal settlement or occupation for subsistence agriculture. They also wish to see the forest be of long-term benefit to the local community through appropriate tourism development, forest utilization and the production of products from such utilization
6 SUBSTANCE OF AGREEMENT
The cooperating agencies agree to share information of mutual concern and interest regarding the Mvuvye National Forest
7 EXPECTED OUTCOMES
• The protection of a national asset
• The scientifically managed sustained use of its timber and eco-tourism potential
• The protection of its biodiversity
• A stable and increasing source of income for the Mwape and Luembe communitie communities
• A well managed area based on sound conservation principles
• Support to GRZ policies of devolution, as well the Forestry Department’s progressive policies around co-management of national and local forests
8 STANDING COMMITTEE
To facilitate the implementation of this agreement, the cooperating agencies each agree to designate a liaison officer to serve on a standing committee that will meet as needed. Matters for consideration by the standing committee are to include a review of each agency’s participation in this agreement, an assessment of the agreement’s effectiveness, and modifications that might be necessary. As appropriate, the committee will address urgent issues and specific cases of serious non-compliance.
9 LIAISON OFFICERS/CONTACT PERSON
For Luembe Trust Company Limited:
Senior Chief Luembe
Private Bag 3
Nyimba
Whiteson Njobvu
Chairman
Nyimba District Council
Tel:06 374061
Ian Manning CBiol
Director
PO Box 31333
Longacres, Lusaka.
1 25 60 22
gamefields@zamnet.zm
For Mwape Customary Authority
Chieftainess Mwape
Private Bag,
Petauke.
For Forestry Department
Bwalya Chendaoke
Provincial Forestry Officer
P.O. Box 510095
Chipata
10 ACCEPTANCE AND APPROVAL OF AUTHORIZING OFFICIALS
For Luembe Trust and Luembe Customary Authority:
Signature: __________________
Name: Senior Chief Luembe
Date: _________________ at ___________________
For Mwape Customary Authority
Chieftainess Mwape
Signature:_____________________
Name:
Date: _________________ at ___________________
West Mvuvye...
COPY OF E-MAIL BEING SENT
21 October 2003
TO:
Bwalya Chendaoke
Provincial Forestry Officer (Eastern Province)
Chipata,
Dear Mr Chendaoke,
re WEST MVUVYE NATIONAL FOREST #54
I am glad I was able to speak to you in person today, and to learn that our application is timely given the recent lifting of a ban on forest utilization and your office now receiving applications for logging.
It is essential that the Luembe Trust is able to secure rights to the forest which will safeguard the biodiversity and allow for the greater conservation controls necessary. Although our immediate wish is to protect the area and develop its eco-tourism potential, we would also - working under a joint-management agreement with the Forestry Department, wish to utilize sustainable timber resources so as to provide the basis for a local industry for the community. Essentially, this would be done through the Luembe Natural Resources Committee soon to be registered as a Society with the Registrar of Societies, as part of the Conservancy Trust. It is essential, therefore, that no permits are issued which might threaten the integrity of the Conservancy and the income to the development fund for the area. Moneys received from the fund would be used for both Luembe and Mwape, according to traditional territorial rights in existence. We therefore wish to enter into an agreement for a concessionary use of the forest as a whole - bearing in mind that a large part of it to the west of the Luembe-Mwape road is being populated.
I shall endeavour to obtain a signature or letter to this effect from the Chairman of the Nyimba District Council (Councillor Whiteson Njobvu), and one from Senior Chief Luembe - although the latter might take a little longer.
I would appreciate a copy of draft guidelines which you and your committee have drawn up on co-management agreements. As I have helped ZAWA with guidelines on PPP national policy having to do with similar arrangements for national parks, you might find it useful.
I greatly look forward to meeting with you shortly.
Sincerely,
Ian Manning CBiol
Trustee
LUEMBE CONSERVANCY TRUST COMPANY LIMITED
(Company limited by guarantee presently under registration by Registrar of Companies)
West Mvuvye National Forest No. 54 Alienation
THE LUEMBE CONSERVANCY TRUST COMPANY LIMITED
Private Bag 3, Nyimba
Telephone: 06 374061 (Secretary: Nyimba District Council)
Lewis Construction Building, Kabelenga Road, Lusaka.
gamefields@zamnet.zm
________________________________________________________________________
21 October 2003 Priority Mail
Bwalya Chendaoke PFO
Provincial Forestry Officer (Eastern Province)
Forestry Department
P.O. Box 510095,
Chipata,
Dear Mr Chendaoke,
re WEST MVUVYE NATIONAL FOREST #54
This letter is to confirm the e-mail (see below) now being sent to you in respect of the above national Forest Reserve by our fellow trustee, Mr Ian Manning of Gamefields Ltd.
It is essential that the Luembe Trust is able to secure rights to the forest which will safeguard the biodiversity and allow for the greater conservation controls necessary. Although our immediate wish is to protect the area and develop its eco-tourism potential, we would also - working under a joint-management agreement with the Forestry Department, wish to utilize sustainable timber resources so as to provide the basis for a local industry for the community. Essentially, this would be done through the Luembe Natural Resources Committee soon to be registered as a Society with the Registrar of Societies, as part of the Conservancy Trust. It is essential, therefore, that no permits are issued which might threaten the integrity of the Conservancy and the income to the development fund for the area. Moneys received from the fund would be used for both Luembe and Mwape, according to traditional territorial rights in existence. We therefore wish to enter into an agreement for a concessionary use of the forest as a whole - bearing in mind that a large part of it to the west of the Luembe-Mwape road is being populated.
We greatly look forward to an early reply.
Sincerely,
Senior Chief Luembe: CO DIRECTOR:……………………
Chairman of Nyimba District Council: TRUSTEE…………………………………………………….
JOINT FORESTRY MANAGEMENT POLICY ADVISORY NOTE
POLICY ADVISORY NOTE FROM THE NATURAL RESOURCES CONSULTATIVE FORUM
TO THE PERMANENT SECRETARY, MINISTRY OF TOURISM, ENVIRONMENT AND NATURAL RESOURCES
ON JOINT FORESTRY MANAGEMENT IN ZAMBIA
20TH JUNE 2005
1.0 INTRODUCTION
The Provincial Forestry Action Programme (PFAP II) has been supporting the Forestry Department (FD) of the Ministry of Tourism, Environment and Natural Resources (MTENR) to pilot joint forest management (JFM) in seven districts in Zambia.
The legislation and policy documents that form the base for piloting Joint Forest Management activities in Zambia are the Forestry Policy of 1998, the Forests Act of 1999, and the local forests (Control and Management) Regulations, Statutory Instrument No. 52 of 1999, all of which pre-date the commencement of JFM activities in Zambia. The legislation was thus largely drawn on the basis of experiences from other countries and assumptions on how these would apply to the Zambian situation.
The pilot is a learning process intended to establish collaborative management regimes in six forest reserves and one Open Area. For the past 18 months, the Programme has stalled due to the lack of an adequate legal framework to enable some aspects of JFM to be implemented. In the process of piloting JFM it has become clear that the legislative foundation for JFM contains a number of gaps and shortcomings that need to be addressed. This is because the Forests Act of 1999 which provides the legal framework for JFM is not yet in force. In particular, the issue of how communities may be empowered to collect licence revenue on behalf of government, and of how the benefits arising from JFM can be shared between the Government (FD) and the local communities remains to be addressed and tested in the field.
A number of other pertinent legal issues further remain to be addressed, mainly linked to the non-commencement of the Forests Act No.7 of 1999.
2.0 BRIEF TECHNICAL ANALYSIS
The Forests Act of 1999 must be brought into force through the passing of a commencement order under the hand of the Minister of Tourism, Environment and Natural Resources specifying an exact date of commencement.
The commencement of the Act will transform the forestry sector in the following manner:
a. Creation of the Zambia Forestry Commission to replace the Forestry Department
b. Transfer of user, control and management rights to participating communities and stakeholders through joint forestry management
c. Sharing of costs and benefits of forestry management with participating stakeholders
d. Progressive change in the role of the Forestry Commission
This change has not only administrative and financial implications, but also legal ones. The Forests Act lays down two key legal requirements – the issue of a commencement order to bring the Act into force and the need to comply with the transitional process elucidated within the Act from the commencement date of the Act.
The establishment of the Zambia Forestry Commission to replace the Forestry Department is critical to the implementation of the Act and therefore the Commission should be created within a reasonably short time from the commencement date. This means that before the commencement order is issued, the MTENR must be satisfied that the transition process (administrative arrangements and finances) has reached an advanced stage that will facilitate the establishment of the Commission at least within a month or two. This is because the implementation of the provisions of the Act is dependant on the Commission being in place within the shortest possible period.
The transitional provisions set out in the First Schedule of the Act have financial implications and relate to the following:
• Transfer of staff (all or some)
• Transfer of rights, obligations, assets from Forestry Department/Government to Commission
• Legal proceedings for and against Forestry Department/Government to subsist against the Commission
Under paragraph 10 of the Schedule, the Minister has power to transfer all or some of the officers from the Forestry Department to the Commission. This will mean the termination of staff contracts and settlement of terminal benefits for those that will not be transferred.
The transfer of assets and liabilities will include the transfer of any affairs, property, rights and obligations of the Forestry Department, as well as any legal proceedings, deed, bond or agreement entered into by Government in respect of the Forestry Department.
It is important to note therefore that financial, legal and administrative implications affect the setting of the date of commencement of the Act. The cost of restructuring the forestry sector in accordance with the 1999 Act has been estimated at K75 billion. To date, only about K30 billion had been set aside by Government for the purpose. Some activities leading to the creation of the Commission are being undertaken in accordance with the recommendations of the Forest Support Program. But six years from the time the Act was enacted, it is still not certain when the Commission will be established or when the Act will be activated by the MTENR.
There are two main problems that have been created by the delay to issue a commencement order:
• An enabling policy framework for participatory forestry management (Forestry policy of 1998) is in place but it is supported by outdated legislation in force whose main theme is State control and ownership (Forests Act of 1973, Cap 199). This has affected the implementation of JFM some of whose aspects relating to participatory management and cost and benefit sharing among stakeholders require a comprehensive and substantive legislative framework. Principles of effective collaborative forest management and real community empowerment cannot be realised in such an environment.
• During the piloting of JFM, legal problems that have been identified require the amendment of some of the substantive provisions of the Forests Act of 1999. These amendments can only be effected once the Act is in force.
3.0 RECOMMENDATIONS
3.1 OPTION ONE
The best option available is to continue piloting JFM using the 1973 Forests Act, Cap 199 of the laws of Zambia.
Section 2 of the Forests Act of 1999 defines JFM -
…‘the participation of stakeholders in the sustainable management of forest resources and the sharing of benefits derived therefrom.’
The 1973 Act does not mention or refer directly to the concept of ‘participatory’, ‘collaborative’ or ‘joint forestry management’. At the time it was enacted, the government policy objective was to vest the ownership, control and management of all trees and forest produce on Zambian land in the State, this power being exercised on behalf of Government by the Chief Conservator of Forests. However, the Act envisioned the transfer or assignment of the ownership, control and management of specified forest areas to another person or authority and the delegation of the exercise of the powers conferred on the Chief Conservator of Forests to another person or authority in addition to forest officers.
1. Transfer of Ownership
Under section 3:
“…the ownership of all trees standing on, and all forest produce derived from the State Lands, Customary areas, National Forests and Local Forests is vested in the President on behalf of the Republic, until lawfully transferred or assigned under this Act or any other written law.”
Unfortunately, the Act does not have an enabling provision for the transfer of ownership of forests. Under the Lands Act of 1995, a person may acquire land but not natural resources, oil, mineral resources on it. They are vested in the State and the State reserves right of re-entry. (See Land Acquisition Act, Mines and Minerals Act)
2. Transfer of control and management
Under section 22:
“…the Minister may, by statutory instrument, assign the control and management of any local forest to any other person or authority, subject to such conditions as he may think fit.”
Section 30 states -
“… in the case of any State lands or customary area lying in the area of a local authority, the Minister may assign the control and management of licensed felling, cutting, taking and removal of major forest produce in or from such land to the local authority subject to such conditions, if any as he may think fit.”
3. Delegated Authority
Sections 22 and 30 confer delegated authority on other person or authority.
3.1.1 Limitations of the 1973 Statutory Provisions
Section 22 does not apply to open areas and plantations. More importantly, certain aspects of the JFM process cannot be implemented in its entirety especially those relating to sharing of costs and benefits in form of cash between Government (Forestry Department) and the local communities. Thirdly, the interpretation of the words ‘control’ and ‘management’ must fall within the context and overall scope of the Forests Act of 1973. Although the Minister has wide discretionary powers under the empowering provisions, these are limited by the scope of the Act. The methods of control of harvesting and managing forest resources permissible within the Act include:
• Licensing – Part VII of the Act
• Policing – Part XI and section 7 (honorary forest officers)
• Marking of forest produce – section 48
• Prevention of fire – section 67
The extent of the management role to be assigned can be translated using the current operations and administrative functions/role conferred upon the Forestry Department. These include -
• Forest planning
• Restoration
• Monitoring
• Reporting
• Forest development to sustain and increase forest cover (section 21 – purpose of local forest)
• Conservation (section 21)
In the case of benefits, in local forests, section 20 is instructive. It allows the enjoyment of rights, interests, easements and profits admissible through an established procedure within the Act, as long as these are not inconsistent with objectives and scope of the Act. These must be provided for in the declaratory orders/instruments under the hand of the President. Other benefits are free access to forest produce and access and user rights. Using this interpretation, for purposes of JFM, local communities, for instance may within a statutory instrument issued under section 22, be assigned the tabulated means and measures of control and management. However, the Act cannot be used to allow the sharing of monetary benefits between the Forestry Department and local communities, or indeed any other stakeholder.
Under section 32, the Minister has power to set and prescribe different fees for forest produce and licence fees. This provision could be used to the advantage of the local communities under JFM by enabling them to pay for reduced fees for forest produce and licences.
3.1.2 Recommendations
In view of the above explanation, it is recommended that the MTENR take the following steps as an immediate short-term solution prior to the commencement of the 1999 Act:
• Effect amendments to SI No. 52 of 1999 to include aspects of JFM as far as is possible within the context of the Forests Act of 1973. It is important that the Ministry appreciate that this should be provisional only because it is vital for JFM to be implemented under the 1999 Act. The issue of a commencement order should still be a matter of priority for the Ministry to effectively implement JFM as espoused under the 1998 Forestry Policy.
• Issue Gazette Notices to declare the current piloted areas as JFMAs
• Prepare amendments to the Forests Act of 1999 based on lessons learnt, that could be effected once the Act is in force.
3.2 OPTION TWO
In the absence of the above recommendation, the MTENR’s option is to continue piloting without a supporting legal framework until the necessary funds for the creation of the Commission are raised and the commencement order issued. The consequences are that under such an arrangement, control and management of forests cannot legally be imparted to local communities because the law demands that the assignment of the control and management must be done by statutory instrument under the hand of the Minister of Tourism, Environment and Natural Resources according to such terms and conditions as the Minister deems fit.
3.3 JUSTIFICATION FOR CHANGES
Option one is justified on the basis that the backing by legislation will guarantee the security, tenure and certainty of legal claims, interests and rights for the local communities.
4.0 BUDGET IMPLICATIONS OF THE RECOMMENDATIONS
There are no budget implications for the proposed recommendations.
AS OF 15 OCTOBER 2006, NO RESPONSE HAS BEEN RECEIVED BY THE NRCF FROM THE CO-CHAIRMAN OF THE NRCF, THE PERMANENT SECRETARY OF THE MINISTRY OF TOURISM, ENVIRONMENT AND NATURAL RESOURCES.
TO THE PERMANENT SECRETARY, MINISTRY OF TOURISM, ENVIRONMENT AND NATURAL RESOURCES
ON JOINT FORESTRY MANAGEMENT IN ZAMBIA
20TH JUNE 2005
1.0 INTRODUCTION
The Provincial Forestry Action Programme (PFAP II) has been supporting the Forestry Department (FD) of the Ministry of Tourism, Environment and Natural Resources (MTENR) to pilot joint forest management (JFM) in seven districts in Zambia.
The legislation and policy documents that form the base for piloting Joint Forest Management activities in Zambia are the Forestry Policy of 1998, the Forests Act of 1999, and the local forests (Control and Management) Regulations, Statutory Instrument No. 52 of 1999, all of which pre-date the commencement of JFM activities in Zambia. The legislation was thus largely drawn on the basis of experiences from other countries and assumptions on how these would apply to the Zambian situation.
The pilot is a learning process intended to establish collaborative management regimes in six forest reserves and one Open Area. For the past 18 months, the Programme has stalled due to the lack of an adequate legal framework to enable some aspects of JFM to be implemented. In the process of piloting JFM it has become clear that the legislative foundation for JFM contains a number of gaps and shortcomings that need to be addressed. This is because the Forests Act of 1999 which provides the legal framework for JFM is not yet in force. In particular, the issue of how communities may be empowered to collect licence revenue on behalf of government, and of how the benefits arising from JFM can be shared between the Government (FD) and the local communities remains to be addressed and tested in the field.
A number of other pertinent legal issues further remain to be addressed, mainly linked to the non-commencement of the Forests Act No.7 of 1999.
2.0 BRIEF TECHNICAL ANALYSIS
The Forests Act of 1999 must be brought into force through the passing of a commencement order under the hand of the Minister of Tourism, Environment and Natural Resources specifying an exact date of commencement.
The commencement of the Act will transform the forestry sector in the following manner:
a. Creation of the Zambia Forestry Commission to replace the Forestry Department
b. Transfer of user, control and management rights to participating communities and stakeholders through joint forestry management
c. Sharing of costs and benefits of forestry management with participating stakeholders
d. Progressive change in the role of the Forestry Commission
This change has not only administrative and financial implications, but also legal ones. The Forests Act lays down two key legal requirements – the issue of a commencement order to bring the Act into force and the need to comply with the transitional process elucidated within the Act from the commencement date of the Act.
The establishment of the Zambia Forestry Commission to replace the Forestry Department is critical to the implementation of the Act and therefore the Commission should be created within a reasonably short time from the commencement date. This means that before the commencement order is issued, the MTENR must be satisfied that the transition process (administrative arrangements and finances) has reached an advanced stage that will facilitate the establishment of the Commission at least within a month or two. This is because the implementation of the provisions of the Act is dependant on the Commission being in place within the shortest possible period.
The transitional provisions set out in the First Schedule of the Act have financial implications and relate to the following:
• Transfer of staff (all or some)
• Transfer of rights, obligations, assets from Forestry Department/Government to Commission
• Legal proceedings for and against Forestry Department/Government to subsist against the Commission
Under paragraph 10 of the Schedule, the Minister has power to transfer all or some of the officers from the Forestry Department to the Commission. This will mean the termination of staff contracts and settlement of terminal benefits for those that will not be transferred.
The transfer of assets and liabilities will include the transfer of any affairs, property, rights and obligations of the Forestry Department, as well as any legal proceedings, deed, bond or agreement entered into by Government in respect of the Forestry Department.
It is important to note therefore that financial, legal and administrative implications affect the setting of the date of commencement of the Act. The cost of restructuring the forestry sector in accordance with the 1999 Act has been estimated at K75 billion. To date, only about K30 billion had been set aside by Government for the purpose. Some activities leading to the creation of the Commission are being undertaken in accordance with the recommendations of the Forest Support Program. But six years from the time the Act was enacted, it is still not certain when the Commission will be established or when the Act will be activated by the MTENR.
There are two main problems that have been created by the delay to issue a commencement order:
• An enabling policy framework for participatory forestry management (Forestry policy of 1998) is in place but it is supported by outdated legislation in force whose main theme is State control and ownership (Forests Act of 1973, Cap 199). This has affected the implementation of JFM some of whose aspects relating to participatory management and cost and benefit sharing among stakeholders require a comprehensive and substantive legislative framework. Principles of effective collaborative forest management and real community empowerment cannot be realised in such an environment.
• During the piloting of JFM, legal problems that have been identified require the amendment of some of the substantive provisions of the Forests Act of 1999. These amendments can only be effected once the Act is in force.
3.0 RECOMMENDATIONS
3.1 OPTION ONE
The best option available is to continue piloting JFM using the 1973 Forests Act, Cap 199 of the laws of Zambia.
Section 2 of the Forests Act of 1999 defines JFM -
…‘the participation of stakeholders in the sustainable management of forest resources and the sharing of benefits derived therefrom.’
The 1973 Act does not mention or refer directly to the concept of ‘participatory’, ‘collaborative’ or ‘joint forestry management’. At the time it was enacted, the government policy objective was to vest the ownership, control and management of all trees and forest produce on Zambian land in the State, this power being exercised on behalf of Government by the Chief Conservator of Forests. However, the Act envisioned the transfer or assignment of the ownership, control and management of specified forest areas to another person or authority and the delegation of the exercise of the powers conferred on the Chief Conservator of Forests to another person or authority in addition to forest officers.
1. Transfer of Ownership
Under section 3:
“…the ownership of all trees standing on, and all forest produce derived from the State Lands, Customary areas, National Forests and Local Forests is vested in the President on behalf of the Republic, until lawfully transferred or assigned under this Act or any other written law.”
Unfortunately, the Act does not have an enabling provision for the transfer of ownership of forests. Under the Lands Act of 1995, a person may acquire land but not natural resources, oil, mineral resources on it. They are vested in the State and the State reserves right of re-entry. (See Land Acquisition Act, Mines and Minerals Act)
2. Transfer of control and management
Under section 22:
“…the Minister may, by statutory instrument, assign the control and management of any local forest to any other person or authority, subject to such conditions as he may think fit.”
Section 30 states -
“… in the case of any State lands or customary area lying in the area of a local authority, the Minister may assign the control and management of licensed felling, cutting, taking and removal of major forest produce in or from such land to the local authority subject to such conditions, if any as he may think fit.”
3. Delegated Authority
Sections 22 and 30 confer delegated authority on other person or authority.
3.1.1 Limitations of the 1973 Statutory Provisions
Section 22 does not apply to open areas and plantations. More importantly, certain aspects of the JFM process cannot be implemented in its entirety especially those relating to sharing of costs and benefits in form of cash between Government (Forestry Department) and the local communities. Thirdly, the interpretation of the words ‘control’ and ‘management’ must fall within the context and overall scope of the Forests Act of 1973. Although the Minister has wide discretionary powers under the empowering provisions, these are limited by the scope of the Act. The methods of control of harvesting and managing forest resources permissible within the Act include:
• Licensing – Part VII of the Act
• Policing – Part XI and section 7 (honorary forest officers)
• Marking of forest produce – section 48
• Prevention of fire – section 67
The extent of the management role to be assigned can be translated using the current operations and administrative functions/role conferred upon the Forestry Department. These include -
• Forest planning
• Restoration
• Monitoring
• Reporting
• Forest development to sustain and increase forest cover (section 21 – purpose of local forest)
• Conservation (section 21)
In the case of benefits, in local forests, section 20 is instructive. It allows the enjoyment of rights, interests, easements and profits admissible through an established procedure within the Act, as long as these are not inconsistent with objectives and scope of the Act. These must be provided for in the declaratory orders/instruments under the hand of the President. Other benefits are free access to forest produce and access and user rights. Using this interpretation, for purposes of JFM, local communities, for instance may within a statutory instrument issued under section 22, be assigned the tabulated means and measures of control and management. However, the Act cannot be used to allow the sharing of monetary benefits between the Forestry Department and local communities, or indeed any other stakeholder.
Under section 32, the Minister has power to set and prescribe different fees for forest produce and licence fees. This provision could be used to the advantage of the local communities under JFM by enabling them to pay for reduced fees for forest produce and licences.
3.1.2 Recommendations
In view of the above explanation, it is recommended that the MTENR take the following steps as an immediate short-term solution prior to the commencement of the 1999 Act:
• Effect amendments to SI No. 52 of 1999 to include aspects of JFM as far as is possible within the context of the Forests Act of 1973. It is important that the Ministry appreciate that this should be provisional only because it is vital for JFM to be implemented under the 1999 Act. The issue of a commencement order should still be a matter of priority for the Ministry to effectively implement JFM as espoused under the 1998 Forestry Policy.
• Issue Gazette Notices to declare the current piloted areas as JFMAs
• Prepare amendments to the Forests Act of 1999 based on lessons learnt, that could be effected once the Act is in force.
3.2 OPTION TWO
In the absence of the above recommendation, the MTENR’s option is to continue piloting without a supporting legal framework until the necessary funds for the creation of the Commission are raised and the commencement order issued. The consequences are that under such an arrangement, control and management of forests cannot legally be imparted to local communities because the law demands that the assignment of the control and management must be done by statutory instrument under the hand of the Minister of Tourism, Environment and Natural Resources according to such terms and conditions as the Minister deems fit.
3.3 JUSTIFICATION FOR CHANGES
Option one is justified on the basis that the backing by legislation will guarantee the security, tenure and certainty of legal claims, interests and rights for the local communities.
4.0 BUDGET IMPLICATIONS OF THE RECOMMENDATIONS
There are no budget implications for the proposed recommendations.
AS OF 15 OCTOBER 2006, NO RESPONSE HAS BEEN RECEIVED BY THE NRCF FROM THE CO-CHAIRMAN OF THE NRCF, THE PERMANENT SECRETARY OF THE MINISTRY OF TOURISM, ENVIRONMENT AND NATURAL RESOURCES.
ZAMBIA DRAFT NATIONAL POLICY ON ENVIRONMENT (2005): FORESTS
FORESTRY...
The Current Environmental Situation
It has become widely recognised that Zambia's wealth of natural and cultural resources are in danger of further widespread depletion and degradation, sometimes irreversibly as in the case of misuse of some soils. Concern for this worsening environmental situation prompted the need to create a National Policy on Environment. Recent studies (October-December 2004) carried out in all the provinces by the Ministry of Tourism Environment and Natural Resources' Policy Development Secretariat, the provincial and the National Situational Analysis Reports MTENR/UNDP 2005, confirmed the worsening environmental situation and that in relation to the economic sectors the following issues of prime importance should provide the baseline for formulation of the National Policy on Environment:
Forest Sector Current Situation
• Widespread forest clearance and degradation. • Forest degradation leading to reduced biodiversity. • Failure of local assessment and implementation of forest laws to prevent over harvesting. • Unplanned clearance for farmland. • Far too much uncontrolled annual burning. • Destructive methods of harvesting. • Unsustainable charcoal production requiring greater management inputs and awareness raising. • Fuel-wood demand increased and alternative energy not given sufficient attention at all levels. • As a consequence of inadequate forest management there is widespread loss of productivity, erosion, siltation, reduction in stream flow and other negative impacts verging in many places upon desertification. • Poor management of forest cover is probably contributing to climate change.
Private Sector and Community Participation
Strategies
• Train and re-orient extension officers in all line ministries and NGOs to facilitate community participation in natural resource management. • Return a significant portion of the benefits from sustainable utilization of natural resources on public and customary lands to the local authorities, local communities and chiefs whose collaboration is needed to conserve the resources. • Integrate local representatives into the decision-making process in order to empower local communities in the management of natural resources. • Provide incentives to the private sector to encourage their involvement in natural resource management. • Mobilise private sector resources to achieve environmental objectives through attractive pricing policy, contracts, leases and concessions. • Facilitate and empower chiefs and local authorities to monitor environment and natural resources management in their areas of jurisdiction
Conservation of Biological Diversity and Biosafety
Strategies
• Identify valuable areas of biodiversity, particularly outside protected areas, and in consultation with local communities, explore means of protecting such areas, including gazetting as protected areas, purchase of land-use rights or of conservation easements, especially where critical areas are concerned. • Ensure that programmes undertaken by the Departments of Forestry, Fisheries, and ZAWA under the Zambia Wildlife Act 1998, to protect biodiversity involve and provide benefits to local communities so that they are motivated to conserve the resources and use them in a sustainable manner. • In view of the extensive importance of biodiversity to the Nation, promulgate a separate Biodiversity Act to support existing legislation. • Promote eco-tourism as a means of conserving natural resources and biodiversity and of earning income, particularly for local communities. • Provide a mechanism for fair distribution of costs and benefits deriving from protected areas between central and local governments and local communities, bearing in mind costs as well as revenue. • Foster public support and encourage private investment in biodiversity conservation through public awareness campaigns and appropriate incentive schemes. • Establish and develop biodiversity networks, both national and international for information exchange and consultation. • Promote and strengthen activities of the national gene bank and SADC regional Plant Genetic Resources Centre at Mount Makulu, NISIR. • Provide alternative income generating activities as a means of assisting the conservation of biodiversity. • Extend the scope and capacity of the Pilot Environmental Fund for community-based environmental projects currently managed by the Ministry of Tourism, Environment and Natural Resources to incorporate biodiversity conservation, nature-based tourism and new livelihood enterprises. • Adhere or conform to international biodiversity treaty obligations through systematic introduction of requisite enabling legislation that are relevant to Zambia's situation.
Key Economic Sector Measures
The Ministry of Tourism, Environment and Natural Resources should establish the requisite partners in environmental care and management to see that a time bound Action Programme for implementation is developed and agreed. This will include legal, fiscal and institutional arrangements as well as a wide range of activities focusing on environmental care and sound environmental management spelt out in the National Policy on Environment and within the sphere of the economic development programmes for each of the different sectors. Partners in implementation will include government ministries, government departments and line agencies, the provincial and district administrations, statutory boards and para-statal organisations, nongovernmental organisations, the chiefs as traditional rulers, people's organisations, the private sector and the general public.
The Forest Sector
a) Objective
To manage the Nation's natural forest resources in a sustainable manner to maximize benefit to the Nation and especially forest dependent communities retaining their ecological integrity.
b) Guiding Principles
• Deforestation is a major factor in soil erosion, siltation of lakes, rivers, dams and other water bodies, loss of biodiversity and climate change. • The involvement of the private sector, NGOs and local communities in forestry is critical to improved management, conservation and sustainable utilization. • Promotion of private plantation and homestead forestry should be encouraged. • Community-based participation in the management of Forest Reserves, Protected Forest Areas and forests on customary lands shall be promoted. • Local communities that participate in the management of indigenous forest resources shall receive financial and other benefits from their sustainable utilization. • Inventorying and monitoring should be an integral part of sustainable forestry management. • Sustainable forest resource management and control of deforestation should best be enhanced on the basis of appropriate research, production forestry development and extension. • Appropriate subsidiary legislation and regulations at the district level are essential to effective implementation of forest policy.
c) Strategies
• Provide an enabling framework for promoting the participation of local communities, NGOs and the private sector in forest conservation and Joint Forest Management. • Establish appropriate incentives that should promote the effective contribution of Zambia's forest resources and on-farm trees to the alleviation of poverty, sustainable economic development and environmental protection. • Provide economic incentives and the necessary legal framework and technology to encourage and facilitate rural communities to introduce alternative sources of energy to gradually reduce reliance upon fuel wood and charcoal. • Take direct measures to control charcoal production and organise sustainable practices which include rehabilitation of seriously degraded woodland. • Promote development and dissemination of agro-forestry practices. • Promote dissemination of indigenous knowledge about the medicinal and other properties of Zambia's indigenous forest resources and where possible assist in marketing such knowledge for the benefit of the custodians of the knowledge. • Introduce marketing and pricing policy reforms that provide industrial fuel wood users with incentives to invest in tree planting and woodland management. • Ensure the sustainable utilization of forest resources by practicing conservation in the use of forest products, improving specifically the efficiency of fuel wood conservation, recycling paper through incentives and regulations and substituting fuel wood with alternatives such as paraffin, solar energy, biogas, electricity and coal where feasible. • Promote and support the conservation and protection of forest ecosystems and the growing of trees by individuals, companies, estates, local communities and authorities, including the integration of forests and trees into farming systems, soil conservation activities and land-use systems. • Involve local communities in afforestation and rehabilitation of bare, fragile or erosion-prone areas. • Have particular regard to protection and rehabilitation of evergreen riparian mushitu woodland, especially along upper river drainage lines. Assist communities to set up appropriate management institutions to control the use of forestry resources on customary land on a sustainable basis. • Promote forest conservation measures for civil works, including minimal tree destruction when constructing roads, prohibiting encroachment of protected areas. •Provide alternative income generating activities that should reduce pressure on forestry products such as the commercial use of Nontimber Forest Products. • Establish a forum where interested parties in forestry issues can share ideas. • Conduct well designed research programmes or adapt exogenous technologies to local conditions in order to generate usable technologies for the sustained management of planted and natural forest resources. • Revise and update the Forest Act in order to strengthen it in line with the National Forestry Policy and to promote participatory forest management and sustainable utilization of forest resources having particular regard for private sector and participation of women in all aspects of forest resource management.
• Continue the conservation and management of gazetted forestry reserves and prohibit encroachment into Protected Forest Areas.
The Current Environmental Situation
It has become widely recognised that Zambia's wealth of natural and cultural resources are in danger of further widespread depletion and degradation, sometimes irreversibly as in the case of misuse of some soils. Concern for this worsening environmental situation prompted the need to create a National Policy on Environment. Recent studies (October-December 2004) carried out in all the provinces by the Ministry of Tourism Environment and Natural Resources' Policy Development Secretariat, the provincial and the National Situational Analysis Reports MTENR/UNDP 2005, confirmed the worsening environmental situation and that in relation to the economic sectors the following issues of prime importance should provide the baseline for formulation of the National Policy on Environment:
Forest Sector Current Situation
• Widespread forest clearance and degradation. • Forest degradation leading to reduced biodiversity. • Failure of local assessment and implementation of forest laws to prevent over harvesting. • Unplanned clearance for farmland. • Far too much uncontrolled annual burning. • Destructive methods of harvesting. • Unsustainable charcoal production requiring greater management inputs and awareness raising. • Fuel-wood demand increased and alternative energy not given sufficient attention at all levels. • As a consequence of inadequate forest management there is widespread loss of productivity, erosion, siltation, reduction in stream flow and other negative impacts verging in many places upon desertification. • Poor management of forest cover is probably contributing to climate change.
Private Sector and Community Participation
Strategies
• Train and re-orient extension officers in all line ministries and NGOs to facilitate community participation in natural resource management. • Return a significant portion of the benefits from sustainable utilization of natural resources on public and customary lands to the local authorities, local communities and chiefs whose collaboration is needed to conserve the resources. • Integrate local representatives into the decision-making process in order to empower local communities in the management of natural resources. • Provide incentives to the private sector to encourage their involvement in natural resource management. • Mobilise private sector resources to achieve environmental objectives through attractive pricing policy, contracts, leases and concessions. • Facilitate and empower chiefs and local authorities to monitor environment and natural resources management in their areas of jurisdiction
Conservation of Biological Diversity and Biosafety
Strategies
• Identify valuable areas of biodiversity, particularly outside protected areas, and in consultation with local communities, explore means of protecting such areas, including gazetting as protected areas, purchase of land-use rights or of conservation easements, especially where critical areas are concerned. • Ensure that programmes undertaken by the Departments of Forestry, Fisheries, and ZAWA under the Zambia Wildlife Act 1998, to protect biodiversity involve and provide benefits to local communities so that they are motivated to conserve the resources and use them in a sustainable manner. • In view of the extensive importance of biodiversity to the Nation, promulgate a separate Biodiversity Act to support existing legislation. • Promote eco-tourism as a means of conserving natural resources and biodiversity and of earning income, particularly for local communities. • Provide a mechanism for fair distribution of costs and benefits deriving from protected areas between central and local governments and local communities, bearing in mind costs as well as revenue. • Foster public support and encourage private investment in biodiversity conservation through public awareness campaigns and appropriate incentive schemes. • Establish and develop biodiversity networks, both national and international for information exchange and consultation. • Promote and strengthen activities of the national gene bank and SADC regional Plant Genetic Resources Centre at Mount Makulu, NISIR. • Provide alternative income generating activities as a means of assisting the conservation of biodiversity. • Extend the scope and capacity of the Pilot Environmental Fund for community-based environmental projects currently managed by the Ministry of Tourism, Environment and Natural Resources to incorporate biodiversity conservation, nature-based tourism and new livelihood enterprises. • Adhere or conform to international biodiversity treaty obligations through systematic introduction of requisite enabling legislation that are relevant to Zambia's situation.
Key Economic Sector Measures
The Ministry of Tourism, Environment and Natural Resources should establish the requisite partners in environmental care and management to see that a time bound Action Programme for implementation is developed and agreed. This will include legal, fiscal and institutional arrangements as well as a wide range of activities focusing on environmental care and sound environmental management spelt out in the National Policy on Environment and within the sphere of the economic development programmes for each of the different sectors. Partners in implementation will include government ministries, government departments and line agencies, the provincial and district administrations, statutory boards and para-statal organisations, nongovernmental organisations, the chiefs as traditional rulers, people's organisations, the private sector and the general public.
The Forest Sector
a) Objective
To manage the Nation's natural forest resources in a sustainable manner to maximize benefit to the Nation and especially forest dependent communities retaining their ecological integrity.
b) Guiding Principles
• Deforestation is a major factor in soil erosion, siltation of lakes, rivers, dams and other water bodies, loss of biodiversity and climate change. • The involvement of the private sector, NGOs and local communities in forestry is critical to improved management, conservation and sustainable utilization. • Promotion of private plantation and homestead forestry should be encouraged. • Community-based participation in the management of Forest Reserves, Protected Forest Areas and forests on customary lands shall be promoted. • Local communities that participate in the management of indigenous forest resources shall receive financial and other benefits from their sustainable utilization. • Inventorying and monitoring should be an integral part of sustainable forestry management. • Sustainable forest resource management and control of deforestation should best be enhanced on the basis of appropriate research, production forestry development and extension. • Appropriate subsidiary legislation and regulations at the district level are essential to effective implementation of forest policy.
c) Strategies
• Provide an enabling framework for promoting the participation of local communities, NGOs and the private sector in forest conservation and Joint Forest Management. • Establish appropriate incentives that should promote the effective contribution of Zambia's forest resources and on-farm trees to the alleviation of poverty, sustainable economic development and environmental protection. • Provide economic incentives and the necessary legal framework and technology to encourage and facilitate rural communities to introduce alternative sources of energy to gradually reduce reliance upon fuel wood and charcoal. • Take direct measures to control charcoal production and organise sustainable practices which include rehabilitation of seriously degraded woodland. • Promote development and dissemination of agro-forestry practices. • Promote dissemination of indigenous knowledge about the medicinal and other properties of Zambia's indigenous forest resources and where possible assist in marketing such knowledge for the benefit of the custodians of the knowledge. • Introduce marketing and pricing policy reforms that provide industrial fuel wood users with incentives to invest in tree planting and woodland management. • Ensure the sustainable utilization of forest resources by practicing conservation in the use of forest products, improving specifically the efficiency of fuel wood conservation, recycling paper through incentives and regulations and substituting fuel wood with alternatives such as paraffin, solar energy, biogas, electricity and coal where feasible. • Promote and support the conservation and protection of forest ecosystems and the growing of trees by individuals, companies, estates, local communities and authorities, including the integration of forests and trees into farming systems, soil conservation activities and land-use systems. • Involve local communities in afforestation and rehabilitation of bare, fragile or erosion-prone areas. • Have particular regard to protection and rehabilitation of evergreen riparian mushitu woodland, especially along upper river drainage lines. Assist communities to set up appropriate management institutions to control the use of forestry resources on customary land on a sustainable basis. • Promote forest conservation measures for civil works, including minimal tree destruction when constructing roads, prohibiting encroachment of protected areas. •Provide alternative income generating activities that should reduce pressure on forestry products such as the commercial use of Nontimber Forest Products. • Establish a forum where interested parties in forestry issues can share ideas. • Conduct well designed research programmes or adapt exogenous technologies to local conditions in order to generate usable technologies for the sustained management of planted and natural forest resources. • Revise and update the Forest Act in order to strengthen it in line with the National Forestry Policy and to promote participatory forest management and sustainable utilization of forest resources having particular regard for private sector and participation of women in all aspects of forest resource management.
• Continue the conservation and management of gazetted forestry reserves and prohibit encroachment into Protected Forest Areas.
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