The International Development Law Organization (IDLO) and the Center for International Forestry Research (CIFOR) assessed the legal frameworks that govern land-use activities and investments in Zambia. The economy of Zambia relies significantly on land and natural resource capital. The Government of Zambia has identified land-use investments as essential to the development of key economic sectors energy, forestry, mining and agriculture. Land-use investments are increasing in Zambia, led by both foreign and domestic private investors. The Constitution explicitly recognizes the importance of balancing the need to attract investments to develop the country with the need to ensure their environmental and social sustainability.
The International Development Law Organization (IDLO) and the Center for International Forestry Research (CIFOR) assessed the legal frameworks for major natural resource sectors in Zambia, Tanzania and Mozambique to analyze whether, and to what extent they enable sustainable investments. National development plans in each country, and their crosscutting laws on land and the environment incorporate principles of sustainable development. However, sector-specific laws governing forestry, agriculture, mining and energy reflect these principles to varying degrees. Relying significantly on natural resources, these countries have witnessed consistent GDP growth in recent years. Despite their resource wealth and increased investments, poverty and resource degradation persist. Rural populations remain disproportionately affected, with limited access to basic services and increased vulnerability to the impacts of deforestation and climate change. This Synthesis report outlines four key insights on issues identified by the legal assessments that can either hinder or enable sustainable land use investments. These consist of: Reframing investment incentives and focusing on smallholder interests;Protecting customary land rights and ensuring consultation and consent:Establishing clear and effective regulations, strengthening enforcement capacity and supporting decentralization andRaising awareness, guaranteeing participation and promoting freedom of information. The report demonstrates that landscapes governance embodying the rule of law and adherence to social and environmental safeguards can create enabling conditions for sustainable investments. Equity, responsive legal and policy reforms, improved enforcement capacity, strengthened participatory mechanisms and other rule of law considerations are critical to planning and managing investments so that they contribute to sustainable development.
The International Development Law Organization (IDLO) and the Center for International Forestry Research (CIFOR) assessed the legal frameworks that govern land-use activities and investments in Tanzania. The policy, institutional and legal frameworks are well developed although implementation and enforcement remains weak due to ambiguities in the law and a general lack of supportive incentives. This Legal Assessment report for Tanzania examines four key challenges to the attainment of sustainable land-use investments. These comprise: Enforcement of environmental and social safeguards Tanzania has made progress in implementing the Environmental Management Act by ensuring greater compliance with the Environmental Impact Assessment regulations although exceptions exist in the construction sector, and mining legislation that often enables the government to circumvent important land tenure safeguards. Incentives for sustainable investments in the legal framework A lack of incentives exists despite the creation of the Tanzania Investment Centre, the adoption of an Investment Guide in 2013, and the incorporation of sustainability considerations into laws and policies governing investments in the agriculture, energy, and forestry and mining sectors. Land tenure security Tanzanias land law framework now includes formal recognition of customary title and the reservation of land under the category of village land exclusively for Tanzanians although improvements are still needed in terms of processes of consultation and compensation. Public awareness and lack of access to information Awareness of natural resources and investment policies, legislation and regulations is generally low amongst rural communities as well as Ward executive officers, village leaders and village land committee members. Rural radio represents their most important source of information
The International Development Law Organization (IDLO) and the Center for International Forestry Research (CIFOR) assessed the legal frameworks that govern land-use activities and investments in Mozambique. Mozambique’s legal framework for environmental management is well developed, and recent legal reforms have strengthened key public interest safeguards. Similarly, the country has established a comprehensive framework for investment through the Investment Law and Investment Promotion Centre (CPI), and enshrined in the Land Law the right to the use and benefit of land (DUAT). The Environmental Impact Assessment (EIA) process places public consultation at the heart of effective environmental management. It extends participation to a broad spectrum of stakeholders at an early stage, allowing, in theory, substantial influence over the design and implementation of the EIA process. The National Council for Sustainable Development (CONDES) and the Ministry for Environmental Coordination (MICOA) have not managed, however, to influence high level government policy decisions and push convincingly for a sustainable development agenda.
This book presents an important discussion on the implementation of sustainable soil management in Africa from a range of governance perspectives. It addresses aspects such as the general challenges in Africa with regard to soil management; the structural deficiencies in legal, organizational and institutional terms; and specific policies at the national level, including land cover policies and persistent organic pollutants. This fourth volume of the International Yearbook of Soil Law and Policy is divided into four parts, the first of which deals with several aspects of the theme “sustainable soil management in Africa.” In turn, the second part covers recent international developments, the third part presents regional and national reports (i.a. Mexico, USA and Germany), and the fourth discusses cross-cutting issues(i.a. on rural-urban interfaces). Given the range of key topics covered, the book offers an indispensible tool for all academics, legislators and policymakers working in this field. The “International Yearbook of Soil Law and Policy” is a book series that discusses central questions in law and politics with regard to the protection and sustainable management of soil and land – at the international, national and regional level.
The CGIAR Research Program on Forests, Trees and Agroforestry (FTA), led by the Center for International Forestry Research (CIFOR), focuses on the sustainable management of forests, trees and agroforestry systems. Strengthening the capacity of forestry, trees and agroforestry research, policy and implementing institutions and their staff is critical to FTA’s mission and is embedded in its work. Capacity development is a long-term process whereby individuals, organizations and their networks improve their systems, resources, skills and knowledge. This becomes reflected in their capacity to perform functions and solve problems to better address national and sub-national development objectives. Capacity development enables research and development organizations, individuals, and their networks to achieve impact.This capacity needs assessment was conducted in 2018 to identify the capacity needs of World Agroforestry (ICRAF) and CIFOR to achieve the research objectives and targets specified in the FTA II proposal 2017–2021, including the amended FP2 proposal. The capacity needs assessment focused on four key areas for analysis: partnerships, networking, resource mobilization and human resource capacities. The analysis and recommendations contained within this document result from data collated from more than 70 interviews conducted with flagship and cluster leaders and key actors within the FTA II management teams and partner organizations.
An Environmental Impact Assessments (EIA) is a procedure for evaluating the impact of proposed activities on the environment. In modern Africa, EIAs are a growing reality and a matter of law in 22 sub-Saharan African countries. This volume examines various aspects of EIA legislation in these countries, including: definitions and prescribed activities; public participation and consultation; the review process and the quality of EIA reports; monitoring and enforcement; compatibility; and transboundary issues. It highlights the role and degree of public participation for the further development of EIA law and policy.
This book encompasses a broad range of natural resource sectors, with discrete chapters on water, land, forestry, fisheries, mining, petroleum and agriculture. Given this broad range of areas, the focus of the publication is narrowed to provide an overarching holistic perspective that is supportive of a systems-thinking approach. Recognizing that there are many useful publications elsewhere that detail extensively the specific regulatory elements of sound laws in the respective areas, this book offers the specific prism of highlighting approaches that embrace the pillars of sustainable development, i.e. approaches that recognize and are informed by economic, social and environmental considerations and impacts.
The central aim of this publication is to consider the key elements of a modern, comprehensive, and effective legal framework for successful management of protected areas. They provide practical guidance for all those involved in developing, improving, or reviewing national legislation on protected areas, be they legal drafters and practitioners, protected area managers, interested NGOs, or scholars. These guidelines include fifteen case studies, eight dealing with the protected area legislation of individual countries and six cases dealing with specific sites providing fundamental solutions that stand the test of time.
