Zambia Forests

An African Call for a Moratorium on Agrofuel Developments

2008-02-25T07:55:00.000+02:00

February 23, 2008 Category: Agrofuel, Third World

The agrofuels ‘revolution’ is replacing millions of hectares of local agricultural systems, and the rural communities working in them, with large plantations
We, the undersigned members of African civil society organizations, as well as organizations from other parts of the world, do urgently call for a moratorium on new agrofuel developments on our continent. We need to protect our food security, forests, water, land rights, farmers and indigenous peoples from the aggressive march of agrofuel developments, which are devouring our land and resources at an unbelievable scale and speed.
We call for:
0. A moratorium on new agrofuel developments in Africa. Our governments urgently need to stop and think before delivering our continent to the fuel demand of foreign investors.
0. No agrofuel targets for Governments in Europe and the rest of the world.
0. An international moratorium on agrofuel exports, until the true social and environmental costs can be assessed, and disaster averted.
We have chosen to name this problem “agrofuels” instead of the more common term “biofuels” to make clear that we are talking about the large-scale growing of crops specifically to produce liquid fuels. We are not talking about the use of wood, dung or waste matter. Nor are we talking about small-scale production that is integrated into food production and used for household and local energy supplies. We wish to make clear that the agrofuels push is about large-scale fuel production on massive privatized plantations, driven by the fuel demands of export markets.
Africa is already feeling the impact of climate change, and our continent is likely to be the hardest hit by future changes in our weather systems. We must do all we can to both mitigate the problems and adapt to the coming changes. But the agrofuels push, rather than the seductive “carbon neutral” solution it claims to be, will exacerbate Africa’s climate and food security problems even more.
The agrofuels push in Africa is being termed the next “Green Gold Rush”. Investors are rushing to privatise our land for their plantations, while our governments willingly allocate millions of hectares from the 70% of Africa’s land that is still communally owned. “Jatropha” is being pushed as one of the new miracle crops for African small farmers to produce fuel. But the reality is that the gold rush is firmly controlled by giant transnational companies which are taking over Africa’s land at an incredible pace, and are bringing about disastrous socio-economic and environmental impacts on our communities, food security, forests and water resources.
Some of the impacts that already have been observed in 2007 so far include:
0. Displacing farmers and food security in Tanzania
Thousands of Tanzanian farmers growing rice and maize are already being evicted from fertile areas of land with good access to water, for agrofuel sugar cane and jatropha plantations on newly privatised land. Villages are being cleared, but families have been given minimal compensation or opportunities for their loss of land, community and way of life. Evictions already taken place in Kisarawe District and the Usangu plains, and tens of thousands of hectares in Bagamoyo and Kilwa districts are being given to foreign investors. In addition, the government has identified millions more hectares in at least 10 other districts.
0. Deforestation for agrofuels in Uganda
In Uganda, plans to cut down thousands of hectares of the country’s largest rainforest reserve, for a sugar plantation for ethanol have fortunately been cancelled, following civil protest on the issue. Such deforestation can threaten local water cycles, as Mabira Forest is a key water catchment area for Lake Victoria and the River Nile. Unfortunately, however, thousands of hectares of forest on Kalangala and Bugala Islands in Lake Victoria have already been cut down to make way for palm oil plantations.
0. Conservation Areas Threatened in Ethiopia
Millions of hectares in Ethiopia have been identified as suitable for agrofuel production, and many foreign companies have already been allocated land from farmland, forests and wilderness areas. Even protected areas are not safe from the spread of agrofuels. One European investor has been granted 13,000 hectares of land in Oromia state – 87% of which is the Babile Elephant Sanctuary, a home to rare and endangered elephants.
0. A Bad Deal for Out-growers in Zambia
Privatized plantations are not the only model of large-scale agrofuel production in Africa. Some investors in Zambia are choosing to grow crops such as jatropha through huge numbers of out-growers, using contracts that last up to 30 years. These contracts serve to transfer control over production from the farmer to the company, through a system of loans, numerous extra charges and service payments, and prices determined by the company. Under such a system of dependence, farmers are likely to increase their indebtedness to the company, until they may be obliged to hand over their land altogether.
0. Fuel or food in West Africa?
In West Africa, the agrofuel craze is also gaining momentum. Jatropha is already being grown in Togo, Ghana, Senegal, Mali, Côte d’Ivoire and Niger. Senegal’s president Abdoulaye Wade has enthused about an African “biofuels revolution” and placed fuel crops at the heart of an agriculture renewal programme in his country. In Ghana one company is planning to plant one million hectares of Jatropha with support of the government, while in Benin another company has obtained permission to plant a quarter of a million hectares of agrofuel crops. Farmers in Benin and in many other countries in the region have, on the average, no more than 1 hectare to grow there products and the agrofuels are expected to make a serious dent into their food production.
In other words: the agrofuels ‘revolution’ is geared to replace millions of hectares of local agricultural systems, and the rural communities working in them, with large plantations. It is oriented to substitute biodiversity-based indigenous cropping, grazing and pasture farming systems by monocultures and genetically engineered agrofuel crops. In addition, the millions of hectares of what the agrofuel-pushers euphemistically call “wastelands” or “marginal soils”, are to be turned to ‘productive’ fuel production, conveniently forgetting that millions of people in local communities make a living from these fragile ecosystems. And where there are no indigenous farming systems to replace, one just takes the forests. In the drivers seat are the multinational corporations that manage these kinds of huge monocultures best and already control the international market for agrofuels.
In Africa, much of the drive for agrofuel developments comes from talk of achieving national energy security. However, in most countries there seems to be a failure to recognize that foreign companies are already controlling the direction of biofuel production, with an eye on targeting more lucrative export markets. Rising global oil prices will determine the price of liquid biofuels, and is likely to price fuel and feedstock out of the reach of the poor, and into export markets in the North. We simply do not believe that agrofuels offer a genuine solution for climate change or energy security. Scientific studies show that the production, processing and transport of agrofuels, uses more energy than is contained in the fuel product. Other studies show that the cutting down and burning of forests and peatlands to make way for agrofuel plantations, produces many times more carbon dioxide emissions per litre of agrofuel than the equivalent amount of fossil fuel. The current push for agrofuels exacerbate, rather than solve, the problem of climate change.
To address climate change, we don’t need agrofuel plantations to produce fuel energy. Instead, we need to turn the industrial production system upside down. We need policies and strategies to reduce the consumption of energy and to prevent waste. Such policies and strategies already exist and are being fought for. In agriculture and food production, they mean orienting production towards local rather than international markets; they mean adopting strategies to keep people on the land, rather than throwing them off; they mean supporting sustained and sustainable approaches for bringing biodiversity back into agriculture, using and expanding on local knowledge; and they mean putting local communities back in the driving seat of rural development. Such policies and strategies imply the use and further development of agro-ecological technologies to maintain and improve soil fertility and organic matter and in the process to sequester carbon dioxide in the soil rather than expelling it into the atmosphere. Together, such measures would amount to a formidable step in the right direction in the fight against climate change.
Among Africa’s many challenges, food security is one of the most serious. A full car tank of ethanol uses the same amount of grain that can feed a child for a year. We do not understand how our governments can willingly take our food, land and water to meet the fuel luxuries of the wealthy in the North, when we already face problems of food security and environmental destruction at home.
We can ill afford to lose our food, forests, land and water, if we are to meet the challenges of climate change and food insecurity. We therefore ask our African governments and those of the North to stop and think. We urgently call for a moratorium that can protect Africa from the many threats of the new and dangerous Agrofuels stampede.
Please sign on to this Call by sending an email with your name, organization and country to: agrofuelsafrica@gmail.com
SIGNED BY:
From Africa:
1. Mahinou Senade Nestor, Synergie Paysanne, Benin 2. Desalegn Tanga, Wolyta Soddo Pensioners 3. Elbethel Tadesse, ABN Seed GETCO, Ethiopia 4. Gebremehdin Birega, Africa Biodiversity Network, Ethiopia 5. Melaku Werede, Scientific Advisor, Ethiopia 6. Million Belay, MELCA, Ethiopia 7. Sue Edwards, ISD, Ethiopia 8. Tadesse Reta, Ejera Indigenous Seed Conservatory Association, Ethiopia 9. Dr Tewolde Berhan Gebre Egziabher, Environmental Protection Agency, Ethiopia 10. Tsion Yohannes, MELCA, Ethiopia 11. Bakari Nyari, RAINS, Ghana 12. Gilbert Iddi Seidu, University for Development Studies, Ghana 13. Naa Thomas Tia Sulemana, RAINS, Ghana 14. Salifu Yussif Abudulai, RAINS, Ghana 15. Alice Mashinde, Appropriate Rural Development Agriculture Programme, Kenya 16. Basilius Kagwi Ndirangu, Porini, Kenya 17. Collins Ochieng Otieno, CREP Programme, Kenya 18. Gathuru Mburu, Africa Biodiversity Network, Kenya 19. Jackson Wafula, SMART Initiative, Kenya 20. Paul Karanja, SACDEP, Kenya 21. Regina Mutheca, SACDEP, Kenya 22. Zachary Makanya, PELUM, Kenya 23. Lamine Biaye, ASPSP, Senegal 24. Elfrieda Pschorn-Strauss, GRAIN, South Africa 25. Jabulani Bonginkosi Tembe, Kwa-Nganase Farmer Organisation, South Africa 26. Katja Abbott, ABN, South Africa 27. Lawrence Mkhaliphe, Biowatch, South Africa 28. Mphatheleni Makaulule, Mupo Foundation, South Africa 29. Abdallah Ramadhani Mkindi, Envirocare, Tanzania 30. Chacha Benedict Wambura, Foundation Help, Tanzania 31. Peter Kidimba, Ileje Rural Development Organisation, Tanzania 32. Renatha Abel Kimathi, NGAS, NI, Tanzania 33. Agnes Kirabo, VEDCO, Uganda 34. Geoffrey Kayama, Harvest Help, Zambia
From other parts of the world:
35. Vanubia Martins, ASA, Brazil 36. Vijay Singh Negi, Beej Bachad Andolan, India 37. Alex Thanthriarachi, Protection of Indigenous Seeds, Sri Lanka 38. Henk Hobbelink, GRAIN, Spain

Zambia's Mwape and Luembe chiefdom villagers in uproar...

2007-10-28T08:54:00.000+02:00

Members of the Nyendwa Royal Clan recently travelled to Mwape and Luembe to pave the way for 1), Senior Chief Luembe (their brother) to re-assume his responsibilities and signed commitments to the Luembe Conservancy Trust, and 2), to deal with Chieftainess Mwape (their sister) over her part in the illegal alienation of the northern portion of the West Mvuvye National Forest No. 54, as well as to discuss the proposed formation of the Mwape Community Trust - based on the Landsafe model pioneered by the Luembe Trust. Talks were held with Mwape headmen who complained that their area is not being well governed and that, in particular, they will not entertain the formation of any trust involving Chieftainess Mwape until such time as the people who had illegally acquired the forest have departed the area. They are particularly bitter about the fact that guards hired by Patel are barring them from access to thatching grass and loshi (binding bark).

And in Luembe, the Luembe Community Resource Board have met - along with representatives of the community, to discuss the decision by the Minister of Home Affairs to deny their partners, Gamefields and Mbeza Safaris, self-employed permits for their three executive shareholders. The result of this is a signed petition addressed to the Minister of Home Affairs, copied to their District Commissioner, stating that they consider such action to be counter to their efforts to bring development to what is one of the poorest districts in Zambia.

Victory at last in West Mvuvye National Forest...!!

2007-10-14T11:41:00.000+02:00

The Lands and Deeds office has cancelled the 99 year lease obtained by Z. Patel for the Mwape section of the West Mvuvye National Forest; and the Royal Luembe Trust has withdrawn its application for the alienation of the Luembe section of the same forest. The Luembe Conservancy Trust and the Trust soon to be formed in Mwape, will now be able to resume their attempts to manage the area for the benefit of the community and the forest itself. And we will continue to resist any attempts to de-gazette the forest.

Zambia's Surveyor-General not obeyed??

2007-09-23T14:11:00.001+02:00

On 23 July 2007, the Surveyor-General of Zambia wrote to the Lands and Deeds office instructing that the 99 year lease given out to a businessman for the Mwape section of the West Mvuvye National Forest No. 54 be terminated forthwith. When one of the Mwape people inquired of the lady at the Lands and Deeds office why this had not been done, she replied that she had not written the letter as she had no secretary!!

Zambia's deforestation rate...

2007-09-23T10:26:00.000+02:00

The FAO Forest Resources Assessment study for Zambia in 2005 concluded that the average annual deforestation rate for the country is 467, 368 hectares, or 4673 km2. What this means is that an area the size of the West Petauke Game Management Area is deforested every year.

13 km2 a day!

The most recent figure I heard, emanating from a Finnish study, stated that over the last 9 years, 26% of our forest was lost.

Zambia's National Policy on Environment (draft May 2005)...still not ratified.

2007-09-03T10:38:00.000+02:00

Zambia’s Forest Sector : Its Current State

• 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.

Forestry and The National Policy on Environment

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 Non-
timber 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.

More Zambia forest alienations...

2007-08-17T09:19:00.000+02:00

The curious co-mingling of plans by Government for a Multi-facility Economic Zone (MFEZ) and Lusaka South Wildlife and Recreation Park in forest reserves 26 and 55, without full stakeholder consultation, and without the necessary EIA procedures - as is required under the Pollution and Control Act, is further evidence that it is politicians alone who chart our destiny. And this is the area long recognized as being essential to the health of Lusaka's water supplies, one inscribed in the National Water Plan. The Guardian Weekly exposes this all brilliantly. There are the usual players: the donor - seemingly unaware of its contradictory role; the Ministers - deciding what is best for us, contemptuously ignoring the opposition of the local member of Parliament; the foreign investors and their full saddle bags eager to cash in; the parastatal - on the lookout for income generation; the local hybrid - part conservationist, part sefl-serving opportunist, head well below the parapet and so out of the line of fire; and the splendidly emergent ZAMBIAN opposition to another Legacy.

Zambia forests face a new and massive threat…

2007-08-17T07:35:00.000+02:00

Zambia, and ten other countries that still have large areas of intact forest may be left out of an emerging carbon market intended to promote rainforest conservation and combat climate change.

Conservation International report that a study published August 14 in the Public Library of Science Biology journal warns that the "high forest cover with low rates of deforestation" (HFLD) nations could become the most vulnerable targets for deforestation if the Kyoto Protocol and upcoming negotiations on carbon trading fail to include intact standing forest. The study by scientists from Conservation International (CI), the South African National Biodiversity Institute, and the University of California-Santa Barbara calls for the HFLD countries to receive "preventive credits" under any carbon trading mechanism to provide incentive for them to protect their intact tropical forest. Otherwise, the same market and economic forces that cause deforestation elsewhere will quickly descend on regions that so far have avoided significant loss, the authors say.

Cutting and burning tropical forests releases the atmospheric carbon they store, contributing significantly to global climate change. The HFLD countries contain 20 percent of Earth's remaining tropical forest, including some of the richest ecosystems.

"Given the very large -- and likely still underestimated -- role of tropical deforestation in causing climate change, these forest-rich countries should be at the forefront of worldwide efforts to sequester carbon, rather than being left out entirely," said CI President Russell A. Mittermeier, an author of the study. "With this paper, we hope to highlight this critical issue and put it on the table for future negotiations."

Until now, the Kyoto Protocol and subsequent discussions have focused on carbon credits for new or replanted forests that replace the carbon storage services of destroyed forests. New rules being discussed by the U.N. Framework Convention on Climate Change for implementation subsequent to Kyoto are likely to create a carbon market for countries that reduce their deforestation from levels of recent years. That would cover countries that have lost large portions of their original tropical forest, as well as those that still have more than half their forest cover but face current high rates of deforestation. In contrast, 11 HFLD countries with more than half their original forest intact and low rates of current deforestation would receive no credits for standing forests.
"The minute that you exclude those countries, their forests lose economic value in the global carbon market, leaving governments with little reason to protect them," said study co-author Gustavo Fonseca of CI and Brazil's Universidade Federal de Minas Gerais.

The HFLD countries are Panama, Colombia, Democratic Republic of Congo, Peru, Belize, Gabon, Guyana, Suriname, Bhutan and Zambia, along with French Guiana, which is a French territory. Three of them -- Guyana, Suriname and French Guiana -- comprise much of the Guayana Shield region of the northern Amazon that is the largest intact tract of tropical forest on Earth. In addition, portions of other large non-HFLD countries are in the same situation. For example, although Brazil has four other major ecosystems, the Brazilian Amazon faces a similar circumstance as HFLD countries.

According to the study, preventive credits for HFLD countries at a conservative carbon price of U.S. $10 per ton would be worth hundreds of millions of dollars a year, providing governments with significant economic incentive to protect tropical forests that store atmospheric carbon and supply essential natural benefits for local populations such as clean water, food, medicines and natural resources.

CI believes any carbon credit mechanism should include full representation, participation and consultation by indigenous and local communities of tropical forest regions to ensure that conservation and development programs proceed in accordance with their rights and traditional ways of life as stewards of the crucial ecosystems in which they live.

Along with Fonseca and Mittermeier, the study's other authors are Carlos Manuel Rodriguez and Lee Hannah of CI, Guy Midgley of the Kirstenbosch Research Center at the South African National Biodiversity Institute, and Jonah Busch of the Donald Bren School of Environmental Science and Management at UC-Santa Barbara.

Report from the Luembe community...

2007-08-11T13:43:00.000+02:00

I have just managed to find the file reference number for Royal Luembe Limited: ORS/102/83/95. This is the file at the Ministry of Lands.

On Monday, despite some unhelpful officials, Luembe community representatives will continue on the trail of the illegal Mvuvye alienations.

'Patel Farm' lease in West Mvuvye National Forest to be cancelled...

2007-08-03T19:50:00.000+02:00

The letter from the Surveyor-General of the Minister of Lands clearly reveals that Patel will shortly lose his 99 year leasehold title to Farm 10442 as it 'has been discovered...'that almost all of it' falls within the West Mvuvye National Forest No. 54, which I am very relieved to find, has not been de-gazetted - as reported by Tom Younger of Royal Luembe who claims to have some sort of title to the other portion of the forest, title supposedly sanctioned - according to him, by the State President. However, the documents given to me in March of 2005 by the present MMD party Chairman, Whiteson Njobvu, one of which (see below) clearly reveals the boundaries of the farm as falling within the Forest Reserve and carrying the official Chieftainess Mwape stamp, makes the following absolutely clear:
1. Chieftainess Mwape sold land to which she had no title, and which did not fall within her chiefdom.
2. The headmen who agreed to the sale of the land appear to have been duped, other headmen not being consulted.
3. The Mwape/Patel lawyer who drew up the document should hang his head in shame
4. The Nyimba District Council, a member of which sits on our Luembe Conservancy Trust, knew that the area was national forest, yet agreed to the alienation - despite my writing to them on the same, for reasons of personal gain
5. The land planning officerand the Nyimba Forestry Department officer shold be invesitgated.
6. The Forestry Department HQ and the Provincial Office in Chipata connived in the process, refusing to see myself or community members
6. The cadastral survey and the whole process of registration at Commissioner of Lands went through in record time and was clearly totally corrupt.
7. Complaints to the Anti-Corruption Commission and the Commission for Investigations have had no response - . However, Gerald Mulowa, Mwape's brother, reports they are following the matter up energetically.
8. It appears that it is the brother and sister of chiefs Mwape and Luembe to whom we can ascribe this victory. Somehow they managed to get the Surveyor-General to act. They report that the people of Mwape are unhappy with their chief, as are the people of Luembe.
9. The coloured map shows the boundaries of what is now a national and not a local forest. Looking at the Patel map it is clear that the part of the forest lying between the Mvuvye river and the Nyamadzi is the piece illegally alienated. South of Nyamadzi we have the other part of the forest now in the hands of Royal Luembe
GOVERNMENT SHOULD IMMEDIATELY HOLD AN INQUIRY INTO THE WHOLE SHODDY AFFAIR

Lease for Mwape section of West Mvuvye Forest cancelled...

2007-07-31T07:41:00.000+02:00

The brother of Chieftainess Mwape, and Senior Chief Luembe, Gerald Mulowa tells me that the Surveyor-General of Zambia has now cancelled the 99 year renewable leasehold issued to Z. Patel for what once was Mwape customary land, and that Patel will shortly have to remove his developments. It remains to be seen whether this will happen, and whether the Anti-Corruption Commission are really doing anything about the case. Nothing has been heard from the Commision for Investigations.

All efforts so far of the newly formed Luembe Community and Caretaker Association to deal similarly with the Luembe section of the West Mvuvye Forest, alienated to Royal Luembe Limited (Tom Younger and Andrew Baldry) have failed so far. The MMD Chairman (ruling party) for Nyimba, Whiteson Njobvu - an accomplice of Younger et al, told me that no alienation had taken place - contrary to what Younger told me. However, Njobvu did not make his appointment with me to discuss the issue and now has placed pressure on the Nyimba District Council not to make available to the Association, and to the Chairman of the Luembe Community Resource Board, the land number - required to trace the details at the Ministry of Lands.

Rumour has it that Royal Luembe have purchased a major shareholding in the Mn'yamadzi game ranching company, a property which lies to the south of the West Mvuvye Forest, though nothing official has as yet been recorded of this transaction. Recent site of the safari hunting quotas issued once again for this unfenced property, reveal massive quotas, some species like hippo and crocodile which can only be shot in the adjoining West Petauke Hunting Block, whose boundaries include the Luangwa river. Complaints about this to all and sundry have had no response.

West Mvuvye National Forest and Baldry and Younger's Company...

2007-07-20T06:18:00.000+02:00

The Baldry/Younger outfit, Royal Luembe Ltd, wholly owned by them - with no community shareholding, is according to Whiteson Njobvu of Luembe (a willing assistant in their plan to alienate the forest for commercial gain), "doing nothing". Njobvu says that the area is still a National Forest and Royal Luembe has yet to be given clearance to go forward with their plans. This makes Younger's assertion that the forest had been degazetted as a result of his application, and that the permission of the State President had been given in a private audience, puzzling. Meanwhile community members are continuing with their queries at the Ministry of Lands and other government offices.

Luembe community public prosecutor investigates land alienations...

2007-07-17T14:42:00.001+02:00

The Luembe community public prosecutor in the lower end of Zambia's Luangwa valley, Japha Mbewe, is very busy investigating a number of issues affecting the rights of his community: land alienations, the bushmeat trade, elephant poaching, the ivory trade, a poaching syndicate being run by Zambia Wildlife Authority officers, illicit ivory movements, the fencing off of community land without the necessary EIA being completed, illegal safari hunting, the impacts of elephant and other wildlife on village crops and property...

An interview he conducted today with the Nyimba Forestry Officer shed no light on the contining West Mvuvye National Forest saga. He local man in charge of forestry knows nothing of de-gazetting, of what happens at head office. Decentralization, where are you?

Silence in the forest...

2007-06-15T07:48:00.000+02:00

The West Mvuvye National Forest alienation issue still smoulders. The latest is that some members of the divided Royal Nyendwa clan - the section who have the interests of the community at heart(Kathryn and Gerald Mulowa), tell me that the Ministry of Lands told them that the area has not been de-gazetted, and that the Forestry Department has belatedly sent someone down to Investigate. This still leaves the matter wreathed in smoke; and Messrs Tom Younger and Andrew Baldry et al have failed to produce evidence of ownership of the Luembe section of the forest, although they apparently have now bought the M'yamadzi game ranch which borders the forest to the south. Complaints/queries to the Anti-Corruption Commission and the Comission for Investigations have so far failed to elicit a response.

The latest on West Mvuvye National Forest...

2007-04-25T02:15:00.000+02:00

I met with Tom Younger yesterday in order to clarify issues around the West Mvuvye, the M'nyamadzi game ranch and the West Petauke GMA in the southern Luangwa valley. I was assured that the forest was in fact a local forest, that he had made the necessary application - with the agreement of Senior Chief Luembe and the Nyimba District Council, for a 14 year provisionary lease and that this had, after an interview, been personally granted to his Royal Luembe Trust by the State President of Zambia. It would seem clear therefore that at some time since the Luembe Conservancy Trust's application two years ago to the Department of Forestry for a Joint Forest Management Agreement in respect of the Mvuvye (requiring the agreement of Chief's Mwape and Luembe and the Council), this forest was de-gazetted from a national to a local forest - the latter having no protection from alienation other than by the interventon of the President. No one informed myself or our Trust of this. This begs the question as to why Mr Sangalube of the Forestry Department personally assured me and community representatives some two months ago that the alienation of this forest was not allowed as it was a National Forest, and that the portion of the forest alienated on 99 year lease to Mr Z. Patel would be terminated by the Attorney-General as it was illegal. Since that time, Sangalube and the Director of Forestry have refused us an interview.The present chief, Francis Kalunga, faces a court hearing in June concerning his fitness and legitimacy to remain in office. Should he be removed, the new chief and his advisors would have to satisfy themselves as to the legitimacy of the M'nyamadzi lease, and the process whereby the forest was de-gazetted without the community's knowledge.

These issues apart, the Luembe Conservancy Trust was established to provide the necessary guidance in respect of natural resource management for Luembe as a whole, and to attract appropriate investment once projects had been identified through the participatory rural appraisal process and the production of a landuse plan - presently in progress. Although I do not like the way they have gone about obtaining the land, Younger assures me of their good conservation intentions. Their Trust provides a 20% shareholding for the community and an as yet undisclosed shareholding for Senior Chief Luembe. We discussed the issue of the West Petauke Hunting Block concession across the river from the Mvuvye, an area long under a poaching assault, and currently being ravaged by elephant poaching gangs in which some ZAWA members are participants. This concession was obtained by a foreign investor and myself as the first investment made under the Luembe Trust umbrella.

Clearly, in order to bring development to the area under an holistic development plan - bearing in mind that hunting safaris alone do not provide the income necessary to protect the biodiversity or to enable local people to achieve the Millenium Developpment Goals, it will be necessary to form close working relationships with all stakeholders in the West Petauke ecosystem. This we are endeavouring to do with Younger as his investors wish to invest in all or part of the concession as well.

I.P.A. Manning

Zambia's Forestry Department in Nyimba does not know and won't listen

2007-04-14T14:39:00.000+02:00

The Chairman of the Luembe Headman's Association reports that the Forestry Officer in Nyimba, the district officer in charge of West Mvuvye National Forest, appears to know nothing of the sale of the Forest to private investors on 99 year leasehold. This despite the fact he has received letters of complaint from the Chairman of the Luembe Community Resource Board to that effect. Is the Forestry Department the next Government Department to be temporarily closed down by the President so as to allow it to be investigated for corruption?

The only result so far appears to be the surveillance put in place by agents of the Office of the President (cars: ABH 3491 and ABH 3260) on the residence of I.P.A. Manning, Director of the Luembe Conservancy Trust, the Trust which has had a two year wait for approval of its Joint Forestry Management project with the Forestry Department, and which is working to expunge corruption from the area. The case of the Vice-President of the Patriotic Front, Dr Guy Scott and Manning versus Mr Chipoya, Principal Private Secretary to the President in the Office of the President, who, while the President was absent from Zambia, charged the two - and others, with planning to sabotage the ruling party and of planning the destruction of the maize stocks of Zambia, will shortly appear in court. Could this surveillance be part of the grand design?

Six accountants in Zambian Land Ministry suspended

2007-04-14T14:37:00.000+02:00

April 13, 2007

Six accountants in Zambian Land Ministry have been suspended for alleged improper use of public funds and missing receipt books, Zambia Daily Mail reported Friday. Several others at the ministry have been written charge letters to exculpate themselves, failure to which they will also be suspended, according to the newspaper.
Permanent secretary of the ministry Bernard Namachila said here Thursday that he had decided to suspend the accountants and reprimand others in line with the government crusade to clean up the rot in the ministry.
He said he had asked the accountant in Kabwe who could not properly account for over 19 million kwacha (over 4,500 U.S. dollars) to exculpate himself, failure to which he too would be suspended. The suspension of the officers has resulted in a shortage of accounting staff and he has since requested the Finance Ministry of the country to provide support staff for the Land Ministry. Principal accountant Muketukwa Nalumino told the Parliamentary Public Accounting Committee (PAC) that when the accountant at the head quarters was asked about the missing receipt books, he said they were given to an officer who had since retired and could not be traced.
"But when we traced the retired officer, he denied having gotten the said books. This is when the accountant again told us that the books were given to a cashier who was very sick and not reporting for work. The cashier also refused. That is when the officer was suspended," Nalumino said. The PAC also heard that out of 24 cheques worth 343 million kwacha, four were forged. The matter has since been reported to the police who are currently investigating, she said. PAC chairperson Charles Milupi took Nalumino and other senior officers in the ministry to task for having sat on the information until it was raised. "The committee has difficulties in believing what you are telling us because it has taken about three years for you to bring up the matter. There seems to be a casual attitude by the ministry on following up cases of misuse of funds," Milupi said.

Last month Zambian President Levy Mwanawasa sacked deputy Land Minister for alleged corrupt involvement in the allocation of land only less than three weeks after the Land Minister was fired for the similar reason.
On Feb. 28, Mwanawasa with immediate effect terminated the appointment of Gladys Nyirongo as land minister after the revelation of corruption scandals surrounding several high officials in the ministry.
Xinhua...

Zambia's West Mvuvye National Forest No. 54 corruption

2007-04-12T04:44:00.000+02:00

News - as yet unconfimed, that the southern portion of the West Mvuvye National Forest has now been alienated on a 99 year renewable lease to investors brought in by Messrs Younger and Baldry, joining the already alienated northern portion of this protected area, awarded on a similar lease to Mr Z. Patel, is deplorable news. However, a call from the Chairman of the Luembe Headman's Association saying that he has heard that the Minister of Tourism, Environment and Natural Resources has de-gazetted this National Forest, suggests that matters may have taken a turn for the worse at a Ministry whose Forestry Department refuses to see community members living around the Forest who object to the alienations, nor respond to Luembe Conservancy Trust trustees who had two years ago applied for a joint forest management agreement with the Forestry Department in respect of the Forest in question.

This corruption has been widely reported: to the Commission for Investigations, the Anti-Corruption Commission, to The Post newspaper...but nothing has been said or done about it.

Any land over 250 ha may not be alienated on 99 year leasehold to any individual or company without the express permission of the Minister of Lands.

The peoples' land is being stolen by corrupt chiefs, fast-buck merchants and civil servants who serve only their own family and clan interests. And we appear powerless to stop it.

Africa: Continent Losing Forest Faster Than Any Other Region

2007-03-17T13:21:00.000+02:00

SciDev.Net (London)

March 15, 2007
Posted to the web March 15, 2007

Marina Ramalho

Africa lost over nine per cent of its trees between 1990 and 2005, according to a UN survey of the world's forests.
This represents over half of global forest loss, despite the fact that the continent accounts for just 16 per cent of global forests. The report was released this week (13 March) by the UN Food and Agriculture Organization. The highest losses occurred in countries with high forest cover: Angola, Cameroon, DRC, Nigeria, Sudan, the United Republic of Tanzania, Zambia, and Zimbabwe. Although forests are obtaining greater political support and commitment in Africa, the report says "implementation and law enforcement remain weak in most countries".

In Latin America and the Caribbean, home to around a quarter of the world's forest cover, 0.5 per cent of forest was lost every year between 2000 and 2005 -- up from a rate of 0.46 per cent in the 1990s. The conversion of forest to agriculture was the leading cause of deforestation. Costa Rica, however, has turned around its forest decline in the 1990s to see a growth of almost one per cent of forest area expansion per year. But the extent to which this is related to reductions in agricultural land or innovative policies is not clear, warns the report. The survey highlighted positive action in Latin American countries. This includes a large increase in forest area designated for biodiversity conservation, indicating that countries are taking steps to prevent loss of primary forests -- those undisturbed by human activities.

According to the report, the region is "among the world leaders in innovative approaches to international cooperation on forest issues". Methods used include forming networks to fight fires and improve the management of protected areas.

The Amazon Treaty Cooperation Organization -- whose member countries comprise Bolivia, Brazil, Colombia, Ecuador, Guyana, Peru, Suriname and Venezuela -- and the Central American Commission on Environment and Development are among those cited in the report. Forested area increased in Asia between 2000 and 2005 -- largely due to China's investment in tree plantations, which offset high rates of forest clearing in other regions.

Chiefs Nyalugwe, Kopa...the story goes on

2007-03-09T07:16:00.000+02:00

That Amanita was allocated 10, 000 ha. of land by Senior Chief Kopa and Chief Luchembe is further evidence of the failure of some chiefs to embrace a Landsafe Trust, whereby customary land is leased out under 'usufruct' and not 99 year renewable leasehold which results in the permanent removal of the land from the community.

Amanita tried to obtain land in Chief Nyalugwe's country but was blocked by the community, with encouragement from myself - and I was assured by the then Minister of Lands, Judith Kapijimpanga, that she would not allow it through were it to land on her desk. However as we are trying to usher in investment to customary areas , we encouraged Nyalugwe to rent land under ususfruct to Amanita; something not attractive to Nyualugwe or Amanita - the chief wanting cash in his pocket, and presumably Amanita wanting the security of a western-style land tenure arrangement.

In 2003, I presented the Landsafe programme for investment to Kopa, his CRB and senior advisors. This would have created a Trust in which investors and donor funds would go into a trust fund and be applied to community development - based on a participatory landuse plan. Kopa never did anything. When Kopa sat on the House of Chiefs he must have received a copy of the Landsafe programme which I had distributed to them all through Chief Chiawa. This later resulted in the Chiefs' representative to the stakeholder workshop for the 5th national Development Plan saying that they accepted the concept of "Chiefs'Trusts'.

What was mentioned (but not placed on the blog) in the article, was President Mwanawasa's statement that no more than 250 ha. may be given out in customary areas. Clearly the Commissoner of Land was acting outside of the law; as he has done in awarding some 10,000 ha. of the Mvuvye National Forest on 99 year lease to a businessman. Despite numerous attempts by myself and the community to have the Forestry Department do something about this, we have so far failed, Forestry now even refuse to see us. There are other long standing issues of land corruption which has been reported but nothing is being done about it.

An unfortunate part of the Amanita attempt to buy land from Nyalugwe, was that Nyalugwe then tried to have myself and Ross Michelson (who bought land from Nyalugwe some time ago) deported; succeeding, for the moment, with Michelson.

The Rev. Nyirongo...

2007-03-09T06:41:00.000+02:00

The pot calls the kettle black...

2007-03-03T05:38:00.000+02:00

Corruption threatens African democracy, economy

Geraldine Fraser Moleketi, the public administration minister

South African Broadcasting News February 28, 2007, 18:30

The anti-corruption conference says democracy, economic development and poverty eradication are under threat because of widespread corruption in Africa, but the developed world is also to blame. This emerged at the start of a three day anti-corruption conference held in Johannesburg today where more than 300 delegates from across Africa are discussing strategies in the fight against corruption. The conference has been hosted by the department of public service and administration in conjunction with the AU and the UN Economic Commission for Africa.

The aim is for African governments, businesses and civil society to come up with possible solutions and adopt an African position on corruption ahead of the Global Forum on corruption in April. The delegates also agreed that corruption is one of the main reasons for rampant poverty, civil wars and under-development in the continent. But it is also true that multi-nationals and the developed world are also to blame.

Geraldine Fraser Moleketi, the public administration minister, says: "I think it will not be inappropriate for us to say that whether you look at the oil industry, arms industry, the minerals and various other resources, we have seen developed countries or agencies play a role which is negative and one example that has come this morning has been the Lesotho highlands water scheme."

Conference ends on Friday

According to Gladys Nyirongo, the land minister of Zambia, corruption in her country is more rife in the distribution of land. Nyirongo says: "You can be given land today, and the following day is being passed to another person, so that is where really I need to be very aggressive and very strong, because you will have a lot of friends, but you create a lot of enemies."

The conference will run until Friday when officials will announce a way forward and the type of National Integrity Systems to be used in their anti-corruption drive. At least 40 countries are signatories of the AU convention on preventing and combating corruption.

Dark deeds in the Ministry of Lands...

2007-03-02T17:52:00.000+02:00

Why I fired Nyirongo - Levy

By KASUBA MULENGA (Zambia Daily Mail 1 March 07)

PRESIDENT Mwanawasa has suspended Commissioner of Lands Frighton Sichone less than 24 hours after Minister of Lands, Reverend Gladys Nyirongo, was sacked for engaging in corrupt practices involving land allocation.
The suspension of Mr Sichone was to pave way for investigations by the Drug Enforcement Commission (DEC) into the alleged corrupt practices bordering on money laundering. Mr Mwanawasa made the disclosures at State House yesterday when he swore-in the new Minister of Lands, Mr Bradford Machila, permanent secretary in the Office of the Vice-President, Dr Austin Sichinga, Citizens Economic Empowerment Commissioners, Industrial Relations Court deputy chairman, Mwiinde Siavwapa and two senior private secretaries at State House, Rabson Chilufya and Alfred Sakala.

“Rev Nyirongo gave out land to herself, two plots to her husband, two other plots to her son and two more plots to her daughter.

So, I felt that the matter should be investigated,” Mr Mwanawasa said. “I have asked the Drug Enforcement Commission to investigate the matter. And because of rampant corruption at the Ministry of Lands, which is now stinking, I directed the Inspector-General of Police last night to seal off the premises,” he added. He said the ministry's premises would remain closed until investigations were completed.

The President also said that Rev Nyirongo illegally gave out 25,000 hectares in Mpika to a foreigner, contrary to his directive that any piece of land exceeding 1,000 hectares should not be given out without consulting him. He said he disapproved the allocation of the huge tract of land to a foreigner, but Rev Nyirongo went ahead with the process of issuing title deeds.

Mr Mwanawasa said also said he took into consideration Rev Nyirongo's allegations against Mr Sichone and that was why he decided to suspend him to pave way for investigations. He has since asked the new minister to quickly identify an officer who would take over from Mr Sichone.

Permanent Secretary in the Office of the Vice-President, Bernard Namachila, has been transferred to the Ministry of Lands. The President said he suspended Ms Mukuka Zimba, as permanent secretary in the same ministry after reports of her alleged involvement in corrupt practices although he was of the view that she would be cleared so that she could take back her position. However, due to reasons only known by herself, Rev Nyirongo continued piling up allegations against Ms Zimba so that he made it difficult for her to return.

Mr Mwanawasa said even after he appointed Mr Sichone to act as permanent secretary, Rev Nyirongo got furious and started making several allegations against him. “Many people at the ministry have amassed wealth through corrupt practices and they have been reporting each other. The minister reported the Commissioner of Lands but other people within the ministry also reported her. All I can say is that there is no order among thieves,” he said.

The President was also disappointed that Rev. Nyirongo approached Minister of Home Affairs, Ronnie Shikapwasha, DEC commissioner, Ryan Chitoba, and Anti-Corruption Commission director-general, Nixon Banda, over her allegations against Mr Sichone. He wondered why of all the people, Rev. Nyirongo also sought audience with First Lady, Maureen Mwanawasa over the same matter and what role Lieutenant-General Shikapwasha could play in the corruption allegations at the ministry. Mr Mwanawasa appealed to workers at the ministry to report any corrupt practice to Secretary to the Cabinet, Joshua Kanganja, or his private secretary for legal affairs so that investigations could be instituted. He said there were two other ministries where corruption had become rampant among officers. “Sooner, rather than later, the road will be yours. You will not only lose your jobs, but the law will also visit you,” he said.

Mr Mwanawasa also said he had worked with only one senior private secretary at State House for a long time and he had always been looking for the right people to help. The President said he had finally appointed the people he trusted but that if they thought they would be at State House to make money, they would go faster than they went there. Meanwhile, Mr Machila said in an interview that he would ensure that he addressed President Mwanawasa's task to clean the ministry without delay. He said the task was a challenge, which he needed to do diligently and aggressively.

Forestry Department’s closed doors….by I.P.A. Manning

2007-02-08T03:36:00.000+02:00

There is much talk in Zambian civil society of the necessity for dealing with civil service corruption and apathy. The Forestry Department, once one of the finest in Africa, its roots laid in the soil of an England of 1066 and the creation by William the Conqueror of game and forest reserves – in 1215 embraced in Magna Carta, appears intent on continuing its degradation: local and national forests encroached, watersheds pillaged, illegal logging countenanced, complaints of the sale on 99 year leasehold to speculators ignored, community leaders who object, fobbed off.

On 8 February, I once more accompanied a member of the community who are objecting to the alienation to a businessman of the West Mvuvye National Forest No. 54 by the Nyimba District Council and the Ministry of Lands – an illegal action as state land may not be sold, to find that the Director, Anna Masinje again refused to see us, and the Chief Extension Officer, Sangalube, who had only two weeks previously promised to take action, would not even venture forth from his desk to greet us. As in other parts of government civil society critics and whistleblowers are not very welcome.

Of course, the Forestry Department, in common with all of the Zambian Government, receive substantial funding from donors. In the case of Forestry, the Fins have long been prominent; at present funding the Provincial Forestry Action Programme Phase 2, which involves establishing collaborative management regimes in forest reserves. Perhaps the Fins don’t know of the illegal alienations, of the attempts for three years by our community trust to enter into a joint forest management agreement with the Forestry Department and having the land sold from under us, of the failure of the Forestry officers to investigate this and other complaints, of the illegal logging by the Chinese in Eastern Province…the list goes on.

My community colleague cannot, unfortunately, hang on in Lusaka; his money is running out, and he needs to return to his village to see if there is anything left there from the massive flooding of the Luangwa river. His family will be huddled in the trees, his crops washed away, the school flooded, but he will come again, and with help stay a little longer, perhaps make a nuisance of himself, learning a little of what is needed to help his people out of dire poverty.

8 February 2007

Zambia Minister orders arresting illegal land dealers

2007-01-14T11:34:00.000+02:00

A Zambian minister has issued an order to arrest the illegal land dealers, Zambia Daily Mail reported on Saturday.
Home Affairs Minister Ronnie Shikapwasha Friday told Inspector- General of Police Ephraim Mateyo to investigate and arrest criminals illegally allocating land in Lusaka and other cities in the name of political parties.
"One area that requires your immediate professional action is the illegal allocation of land in Lusaka and other cities. With immediate effect, you shall deal very hard ... and I mean very hard with these criminals who are illegally selling and allocating land," said the minister.
"You must go out and arrest these criminals, including their leaders, who are working behind scenes at the Lusaka City Council and the Ministry of Lands. You must work very closely with the Anti-Corruption Commission and other investigative agencies to remove these criminals from society," he said.
He made the order in Lusaka at Lilayi Police College at the parade of 30 cadet assistant superintendents and 591 recruit constables.
He said there are too many complaints of illegal squatters on other people's land that has title.
"These are also criminals, even those who have constructed illegally," he said.
The minister said he wants the police to arrest those "whether they are MMD (ruling party), PF (opposition party), UDA ( opposition party), UPND (opposition party) or ULP (opposition party) cadres or whatever party. They are criminals because they have broken the law and, therefore arrest them and bring them before the courts of law."

Attorney-General cancels National Forest lease...

2006-12-06T22:36:00.000+02:00

Mr Sangalube, Chief Forest Extension Officer in the Forestry Department, reported to Axon Lunga, Chairman of the Luembe Community Resource Board, that the Attorney-General of Zambia had cancelled the 99 year leasehold tenure on the traditional Mwape customary area part of the West Mvuvye National Forest which had been fraudently awarded to Mr Zaheer Patel by the Ministry of Lands, a notoriously dishonest Ministry, where files, like black rhino, go missing.

The remaining part of the forest has been alienated to a Mr Tom Younger and a Mr Andrew Baldry, to the Senior Chief Luembe, and a small share held by the community. The Department of Forestry will shortly be cancelling title on this area. Only a few days ago, Chief Luembe and his Kapasos (messengers) entered the area to obtain bushmeat - an illegal activity. A court action to be held in Kabwe to remove the present chief from office will shortly be held.

The Chairman of the Luembe Headmen's Association says ...

2006-11-30T16:40:00.000+02:00

Today the Chairman of the Luembe Headmen's Association, Patson Lungu, said in Lusaka that he would shortly call a meeting of all the headmen in the Luembe Chiefdom to discuss the illegal alienation of the Mvuvye National Forest No. 54 to so-called investors by Senior Chief Luembe - one, Francis Kalungu Njobvu, whom the community wish to remove and have replaced by Devalias Phiri Besa. Lungu said that he would hold another meeting with the Zambia Anti-Corruption Committee, and, after the Headmen's meeting, would petition Parliament to undo the illegal alienation by corrupt elements within the Nyimba District Council, the Forestry Department and the Ministry of Lands. He expects shortly to be joined by Mr Axon Lungu, Chairman of the Luembe Community Resource Board, a Board empowered under the Wildlife Act of 1998.

West Mvuvye National Forest No. 54 Illegal Alienation

2006-11-29T09:11:00.000+02:00

The Chairman of the Luembe Community Resource Board reports that Messrs Tom Younger and Andrew Baldry visited Snr Chief Luembe again recently in order to obtain more land, and were unsuccessful. It appears that the pair have obtained a renewable 99 year statutory lease on that portion of the National Forest which formerly was Luembe customary land. In order for National Forest to be sold, it needs to be de-gazetted with Parliament's approval. This has not been done. Apparently the local community have received a 20% share in the scheme - through an Association. This illegal alienation, as well as the illegal alienation of that part of the National Forest formerly part of the Chief Mwape customary area has been reported to the Commission for Investigations, to the National Movement Against Corruption (NAMAC) and shortly as a petition to Parliament by the Chairman of the CRB and by the Headman's Association of Luembe. The Luembe Conservancy Trust, which applied for a Joint Forest Management Agreement with the Forestry Department in order to develop a participatory conservationa and development scheme two years ago, has to date received no reply to its application, clearly now having been overtaken by current events. Despite numerous contacts with Foresty - particularly its regional representative, Bwalya Chendaoke, they appear to be taking no action.

Senior Chief Luembe is now the subject of an application for an Interim Injunction in the High Court for Zambia under the Chiefs Act (Cap 287 of the Laws of Zambia) restraining the respondent Francis Kalunga Njobvu from acting as Chief Luembe. the plaintiff is Devallias Phiri Besa. Recently the head of the Yendwa clan, Senior Chief Mboroma visited Luembe and travelled to Mwape for a meeting of the Nyendwa chiefs to discuss the issue.

posted by ipam @ 8:44 AM 0 co

The Luembe Community Resource Board complain to the Department of Forestry

2006-11-18T09:45:00.000+02:00

Last week, Axon Lungu, Chairman of the Luembe Community Resource Board and trustee of the Luembe Conservancy Trust, which represent the community on wildlife and natural resource matters, visited the Department of Forestry in Lusaka to complain of the corruption which has occurred with regard to the alienation of part of the West Mvuvye National Forest to a businessman, of the failure of forestry to take action, and of the ongoing attempts of Chief Luembe, Baldry and Younger - with the conivance of Forestry officials, to make use of that part of the forest presently not alienated. He was unable to see the director, saw a more junior officer who promised to give him and answer in the forthcoming week.

West Mvuvye National forest news...

2006-11-18T09:39:00.000+02:00

Two weeks ago, Senior Chief Luembe, accompanied by ex-Councillor Whiteson Njobvu, Messrs Balrdy and Younger, and two investors, came into the West Petauke GMA and passed the Malone camp of Mbeza Safaris stating that they had not been allowed to pass through the Nyamadzi Game Ranch by Derrick van Staden in order to visit the West Mvuvye National Forest, and would visit it from the opposit bank. On the return of the party, the chief informed Maloone staff that the investors wished to employ cooks and drivers.

The World Rainforest Movement reports...

2006-10-17T08:08:00.000+02:00

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.

Merrily, Merrily, A Logging We Will Go!...

2006-10-17T07:53:00.000+02:00

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.

NATIONAL FOREST NO. P54: WEST MVUVYE

2006-10-15T16:09:00.000+02:00

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.

Luembe headmen who confirm they received payments in return for their agreement to the alienation...

2006-10-15T16:01:00.000+02:00

Snr. Chief Luembe alienates West Mvuvye NF

2006-10-15T15:51:00.000+02:00

PAGE FIVE OF MINUTES

Snr. Chief Luembe alienates West Mvuvye NF

2006-10-15T15:42:00.000+02:00

PAGE FOUR OF MINUTES

Snr. Chief Luembe alienates West Mvuvye NF

2006-10-15T15:34:00.000+02:00

PAGE THREE OF MINUTES

Snr. Chief Luembe alienates Mvuvye West NF

2006-10-15T15:26:00.000+02:00

PAGE 2 OF MINUTES

Senior Chief Luembe moves to alienate more of the West Mvuvye National Forest

2006-10-15T15:06:00.000+02:00

PAGE 1 OF MINUTES

Perfidious alienations...Phase 1

2006-10-15T14:23:00.000+02:00

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.

An early intimation...

2006-10-15T14:14:00.000+02:00

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.

West Mvuvye and the Luembe Trust

2006-10-15T14:02:00.000+02:00

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...

2006-10-15T13:49:00.000+02:00

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

2006-10-15T13:12:00.000+02:00

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

2006-10-15T09:58:00.000+02:00

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.

ZAMBIA DRAFT NATIONAL POLICY ON ENVIRONMENT (2005): FORESTS

2006-10-15T09:41:00.000+02:00

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.