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 ___________________
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