Legal frameworks enabling sustainable land-use investment in Mozambique: Current strengths and opportunities for improvement
Legal frameworks enabling sustainable land-use investment in Mozambique: Current strengths and opportunities for improvement

Author: Eduardo Chiziane

Publisher: CIFOR

Published: 2015-11-05

Total Pages: 72

ISBN-13:

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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.

Building enabling legal frameworks for sustainable land-use investments in Zambia, Tanzania and Mozambique: A synthesis
Building enabling legal frameworks for sustainable land-use investments in Zambia, Tanzania and Mozambique: A synthesis

Author: M Cecilia G Dalupan

Publisher: CIFOR

Published: 2015-10-27

Total Pages: 50

ISBN-13: 6023870155

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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.

Enabling legal frameworks for sustainable land use investments in Zambia: Legal assessment report
Enabling legal frameworks for sustainable land use investments in Zambia: Legal assessment report

Author: Pamela T Sambo

Publisher: CIFOR

Published: 2015-11-08

Total Pages: 80

ISBN-13: 602387018X

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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.

Enabling legal frameworks for sustainable land-use investments in Tanzania: Legal assessment report
Enabling legal frameworks for sustainable land-use investments in Tanzania: Legal assessment report

Author: Robert Kibugi

Publisher: CIFOR

Published: 2015-10-08

Total Pages: 77

ISBN-13:

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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 Tanzania’s 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

Country Frameworks for Development Displacement and Resettlement
Country Frameworks for Development Displacement and Resettlement

Author: Susanna Price

Publisher: Routledge

Published: 2019-03-28

Total Pages: 392

ISBN-13: 1351031805

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The problem of escalating population displacement demands global attention and country co-ordination. This book investigates the particular issue of development-induced displacement, whereby land is seized or restricted by the state for the purposes of development projects. Those displaced by these schemes often risk losses to their homes, livelihoods, food security, and socio-cultural support; for which they are rarely fully compensated. Bringing together 22 specialist researchers and practitioners from across the globe, this book provides a much-needed independent analysis of country frameworks for development-induced displacement spanning Asia, Africa, Central and South America. As global competition for land increases, public and private sector lenders are lightening their social safeguards, shifting the oversight for protecting the displaced to national law and regulations. This raises a central question: Do countries have effective ways of addressing the risks and lost opportunities for their people who are displaced? While many countries remain impervious to the problem, the book also shines a light on the few who are pioneering new legislation and strategies, intended to address questions such as: should the social costs to those displaced help determine whether a project meets the public interest and merits financing? Does the modern state need powers of eminent domain? How can country laws, systems, institutions and negotiations be reformed to protect citizens better against disempowering public and private sector development displacement? This book will interest those working on forced and voluntary migration, property and expropriation law, human rights, environmental and social impact assessment, internal and refugee displacement from conflicts, environment change, disasters and development.

The Palgrave Handbook of Natural Gas and Global Energy Transitions
The Palgrave Handbook of Natural Gas and Global Energy Transitions

Author: Damilola S. Olawuyi

Publisher: Springer Nature

Published: 2022-05-04

Total Pages: 629

ISBN-13: 3030915662

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The Palgrave Handbook of Natural Gas and Global Energy Transitions provides an in-depth and authoritative examination of the transformative implications of the ongoing global energy transitions for natural gas markets across the world. With case studies from Africa, Asia, Europe, North America, Latin America, South America, Australia, and the Middle East, the volume introduces readers to the latest legal, policy, technological, and fiscal innovations in natural gas markets in response to ongoing global energy transitions. It outlines the risk mitigation strategies and contractual techniques — focusing on resilience planning, low-carbon business models, green procurement, climate-smart infrastructure development, accountability, gender justice, and other sustainability safeguards — that are required to maximize the full value of natural gas as a catalyst for a just and equitable energy transition and for energy security across the world. Written in an accessible style, this book outlines the guiding principles for a responsible and low-carbon approach to the design, financing, and implementation of natural gas development and commercialization. It is an indispensable text and reference work for students, scholars, practitioners, and stakeholders in natural gas, energy, infrastructure, and environmental investments and projects.

Capacity Needs Assessment of CIFOR, ICRAF and their partners for the implementation of the CGIAR Research Program on Forestry, Trees and Agroforestry (FTA)
Capacity Needs Assessment of CIFOR, ICRAF and their partners for the implementation of the CGIAR Research Program on Forestry, Trees and Agroforestry (FTA)

Author: Bourne, M.

Publisher: CIFOR

Published: 2020-08-18

Total Pages: 44

ISBN-13:

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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.

When the Law is Not Enough
When the Law is Not Enough

Author: Christopher Tanner

Publisher:

Published: 2014

Total Pages: 144

ISBN-13:

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"The Mozambique land law provides statutory recognition of customary land rights and is considered one of the most progressive legislations in Africa. However, the law continues to face implementation challenges, including the realization of equal rights for women and institutional reform. Simply having a progressive law 'is not enough' to bring about transformative change in a country. Recognizing these challenges, the Food and Agriculture Organization of the United Nations (FAO) developed a programme to support the legislation through the capacity development of both direct beneficiaries and those responsible for implementing it. This publication presents an overview of how this programme developed and what it has achieved to date. It highlights the lessons learned from this core element of FAO's long history of support to the land programme in Mozambique. In particular, the study discusses the challenges facing land and natural resources paralegals in Mozambique today and helps to define the parameters for programme assessment by looking at paralegals in different country contexts. It describes how the programme has included training and capacity-development, not just for NGO-sponsored paralegals, but also for district and local government level officials, justice system officers and staff from public sectors working with land and natural resources."--Publisher website.